Information and prices on the site are subject to change at any time without notice and without such changes involve any responsibility on the part of the Promoter.
CONDITIONS APPLICABLE TO TRAVEL IN SCOTLAND AND IRELAND AND ITALY
1) LEGISLATIVE SOURCES
The sale of packages, which concern services provided in Italy both national and foreign, is governed by Law No. 1084 of 27/12/1977 ratifying and implementing the International Convention on Travel Contracts ( CCV) signed in Brussels on 23.4.1970 – as applicable – and by the Consumer Code pursuant to Legislative Decree no. 206 of 6 September 2005 (arts. 82-100) and its subsequent amendments.
2) PERMITS
The organizer and the seller of the package, the consumer is directed, should be allowed the execution of their activities in accordance with applicable administrative regulations.
3) Definitions
For the purposes of this contract shall apply:
a) organizer of the trip, the person who has the combination of the elements listed in Art. 4 and agrees on its own behalf and to lump-sum payment to procure packages to third parties;
b) the seller, the person who sells or undertakes to procure tourist packages in accordance with the following art. 4 to a lump-sum payment;
c) consumer packages, the buyer, the transferee of a tourist package or any person even to be nominated, provided that all the conditions required for the use of the service, on whose behalf the principal contractor agrees to buy a tourist package without remuneration.
4) CONCEPT OF TOURIST PACKAGE
The definition of tourist package is as follows:
“Tourist packages regard trips, holidays and” all inclusive “, resulting from the combination of at least two of the following elements, sold or offered for sale at a price flat-rate, and duration of over 24 hours or covering a period of time including at least one night:
a) transport;
b) accommodation
c) tourist services not ancillary to transport or accommodation (omitted …) that constitute a significant part of “package” (art. 84 Cod. Cons.).
The consumer has the right to receive a copy of the contract for the package (under Articles. 85 and 86 Cod. Cons.), who is also the document for any access the Guarantee Fund under Article. 20 of these Conditions of Contratto.All’atto the reservation will be paid a deposit of 25% of the fee for the trip and entry fee. The balance must be paid 20 days before departure. For bookings made within 20 days before the departure date, the whole amount must be paid at registration. The failure to pay amounts above the established dates, termination clause such as to determine, by the intermediary agency and / or organizer the right resolution. Each payment means validly made at the time that the organizer will have it physically received.
5) MANDATORY INFORMATION – TECHNICAL
BRIEF The operator is obliged to provide the catalog or program out of print a data sheet. The elements that must be included in the data sheet of the catalog or program outside the catalog are:
– of the administrative authorization or, if applicable, the DIA organizer;
– details of the insurance of civil liability;
– period of validity of the catalog or the program out of print;
– terms and conditions for traveler substitution (Art. 89 Cod. Cons.);
– parameters and criteria for adjusting the price of the journey (Art. 90 Cod. Cons.).
The organizer will also inform passengers about the identity of / the carrier / the actual / s at the time and in the manner provided by art. 11 of Reg. EC 2111/2005.
6) RESERVATIONS
The booking request must be made on the appropriate form, electronic if necessary, completed in full and signed by the customer, who will receive a copy.
The acceptance of booking will be complete, with consequent conclusion of the contract, only when the organizer sends confirmation, even by electronic system, the customer at the selling travel agency.
The particulars of the package not contained in the contractual documents, brochures or other means of written communication will be provided by ‘organizer in fulfillment of obligations to bear art. 87, paragraph 2 Cod. Cons. before the trip.
7) PAYMENTS
The extent of, up to a maximum of 25% of the price of the package, due at time of booking or on the binding application and the date by which, before departure, must be paid the balance, resulting from the catalog, from the brochure or anything else.
The non-payment of amounts above the established dates, termination clause such as to determine, by the intermediary agency and / or organizer the right resolution.
8) PRICE
The price of the package is determined in the contract, with reference to what is stated in the catalog or brochure program and to any change of the catalogs or programs added subsequently.
It may be changed up to 20 days before departure and solely to allow for variations in:
– transportation costs, including the cost of fuel;
– rights and taxes on certain types of tourist services such as taxes, landing fees, landing or boarding in ports and airports;
– exchange rates applied to the package in question.
For these changes we will refer to the exchange rates and to the costs mentioned above in effect on the date of publication of the program as stated in the data sheet of the catalog or on the date shown in the updates above. Fluctuations will affect the fixed price of the package in the percentage expressly indicated in the technical catalog or brochure program.
9) 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, will immediately notify the consumer in writing, indicating the type of change and the change in the price that goes with it.
If you do not accept the proposed amendment referred to in paragraph 1, the consumer may exercise the right to reacquire the sum already paid or to enjoy the offer of a package tour I replaced under 2 and 3rd paragraph of Article 10.
The consumer may exercise the rights provided for above even when the cancellation depends on the failure to reach the minimum number of participants in the program catalog or out of print, or in cases of force majeure and unforeseeable circumstances , relative to the tourist package purchased.
For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as to those other than the lack of acceptance by the consumer of the alternative tourist package offered, the ‘ canceling organizer, (Art. 33 letter. and Cod. Cons.) will return to the consumer double what was paid and collected by the organizer, through the travel agent.
The refunded sum will never exceed double the amount which the consumer would be equal datadebitore according to art. 10, paragraph 4 if he had to cancel.
10) WITHDRAWAL OF CONSUMER
The consumer may withdraw from the contract without paying penalties in the following cases:
– increase in the price referred to in art. 8 in excess of 10%;
– significant modification of one or more elements of the contract as fundamental for the fruition of the package as a whole and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the consumer.
In the cases mentioned above, the consumer has the right:
– to take advantage of an alternative tourist package, without extra cost or with the return of money, if the second package has a value lower than the first;
– the refund of the amount already paid. This refund must be made within seven working days of receipt of the refund request.
The consumer must communicate his decision (to accept the change or withdraw) no later than two business days from the moment he received the ‘ notice of increase or change.In the absence of express notice within such period, the proposal formulated by the organizer is considered accepted.
The consumer who withdraws from the contract before the departure outside those listed in the first paragraph shall be charged – regardless of the payment of which art. 7 paragraph 1 – the individual cost management practice, the penalty in the amount indicated in the technical catalog or program out of print or customized trip, any amount of insurance cover requested at the time of conclusion of the contract or other services already made.
In the case of organized groups such payments will be agreed from time to time the signing of the contract.
11) CHANGES AFTER DEPARTURE
The organizer, if after the departure is unable to provide for any reason, except for a fact attributable to the consumer, an essential part of the services included in the contract, it will provide alternative solutions, without supplements cost to the contractor and if the services provided are of lower value than those stipulated repay an amount equal to such difference.
If it is not possible to make such arrangements, or the solution offered by the organizer is refused by the consumer for proven and justified reasons, the organizer will provide without additional charge, a means of transport equivalent to that originally planned to return to the starting point or at any other agreed place, according to the availability of resources and places, and reimburse the difference between the cost of benefits provided and the services performed up to the time of anticipated return.
12) REPLACEMENTS
The consumer may be substituted by another person provided that:
a) the organizer is informed in writing at least 4 working days before the date fixed for the departure, receiving information about the reasons for the replacement and the transferee ;
b) the transferee meets all conditions for use of the service (pursuant to art. 89 Cod. Cons.) and in particular the requirements for passports, visas, health certificates;
c) the same services or other services in place They can be provided as a result of the substitution;
d) the substitute reimburses the organizer all additional costs incurred to replace, to the extent that will be quantified before the sale.
The transferor and the transferee are jointly and severally liable for payment of the balance of and the amounts referred to in subparagraph d) of this Article.
The further terms and conditions of substitution are indicated in the data sheet.
13) CONSUMER OBLIGATIONS
During the negotiations and before the contract is concluded, to Italian citizens are given written general information – updated to the date of printing of the catalog – relating to health requirements and documentation needed for travel abroad .
Foreign citizens reperiranno the corresponding information through their diplomatic representations in Italy and / or their official government information channels.
In any case will provide consumers, before departure, to verify the update with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through the site www.viaggiaresicuri.it or the helpline Telephone number 06.491115) adeguandovisi before the trip.
In the absence of such verification, no responsibility for the failed departure of one or more consumers will be attributed to the seller or the organizer.
The consumer must inform the seller and the organizer of their citizenship and, upon departure, will definitely make sure to be in possession of certificates of vaccination, the individual passport and any other valid document for all countries visited, as well as visas, transit and health certificates that may be required.
In addition, in order to assess the health and security of the countries of destination and, therefore, the objective usability services purchased or to be purchased, the consumer will retrieve (making use of information sources indicated in paragraph 2) the official information of a general at the Ministry of Foreign Affairs to specifically determine whether the destinations are less subject to formal discourage.
Consumers must also follow all ‘observance of the rules of prudence and care to those in force in the countries of destination, to all the information provided by the organizer, as well as regulations to administrative or legislative provisions relating to the package.
Consumers will be liable for all damages that the organizer and / or retailer may suffer also because of the failure to comply with the above mentioned obligations.
The consumer must provide the organizer with all documents, information and evidence in its possession relevant to the ‘ exercise of the right of subrogation against third parties responsible for the damage and is responsible to the organizer for prejudice to the right of subrogation.
The consumer must also inform the organizer in writing, at the time of booking, special requests personal that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement.
The consumer is obliged to inform the seller and the organizer of any needs or conditions (pregnancy, food allergies, disabilities, etc …) and to specify explicitly the demand for personalized services.
14) HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalog or other informative material based on the explicit 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 members of the EU where the service is provided, the organizer reserves the right to provide in the catalog or brochure, his own description of the accommodation, such as to permit an evaluation and subsequent acceptance by the consumer.
15) SYSTEM OF RESPONSIBILITY
The organizer is liable for damages caused to the consumer due to total or partial performance of the contract, whether the services are performed by him or by third party service providers, unless he proves that the ‘ event was caused by the customer (including initiatives taken by himself during the execution of tourist services) or by circumstances beyond the provision of services under the contract, by accident, force majeure, or by circumstances that the organizer could not, according to professional diligence, reasonably foresee or solve.
The seller in which proceedings are already booked the tour package is not liable under any circumstances for the obligations arising from travel, but it is responsible for the obligations arising from his role as intermediary and the limits for such responsibility by the existing rules.
16) COMPENSATION LIMITS
Compensation for damages can not in any case exceed the limits indicated in articles. 94 and 95 of the Consumer Code.
17) OBLIGATION OF ASSISTANCE
The organizer is required to lend the necessary assistance to the consumer imposed by the criterion of professional diligence exclusively with reference to its obligations, is required by law or contract.
The organizer and the seller are exempt from their responsibilities (art. 15:16 of the General Conditions), when the failure or improper performance of the contract is attributable to the consumer or is dependent on a third party to an unforeseeable or unavoidable, or was caused by a fortuitous event or force greater.
18) COMPLAINTS
Any failure in the contract must be contested by the consumer without delay so that the organizer, its local representative or the guide may immediately remedy. Otherwise it can not be disputed non-compliance.
The consumer must – on pain of forfeiture – a complaint by sending a registered letter with return receipt to the organizer or seller, no later than ten days from the date of return to the place of departure.
19) INSURANCE AGAINST COSTS OF CANCELLATION AND REPATRIATION
If not expressly included in the price, it is possible and advisable, enter into when booking at the offices of the organizer or the seller special insurance policies against expenses deriving from the package, accidents and luggage. It will also be possible to enter into a service contract covering costs of repatriation in case of accident or illness.
20) GUARANTEE FUND
The National Guarantee Fund (Art. 100 Cod. Cons.) set up to protect consumers who are in possession of the contract, provides the following requirements in the event of insolvency or bankruptcy of the seller or the organizer:
a) Reimbursement of price paid;
b) repatriation in case of trips abroad.
The fund must also provide immediate economic resources in the event of forced return of tourists from non-EU countries on the occasion of whether or not due to the organizer .The mode of action of the Fund are established by decree of the President of the Council of Ministers of 23/07/99, n. 349.
Addendum
GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE SERVICES
A) REGULATORY PROVISIONS
The contracts relating to the offering of only transport, accommodation or any other separate tourist service can not be configured as organization of a trip or tourist package, are governed by the following provisions of the CCV: art. 1, n. 3 and n. 6; Articles. 17 to 23; Articles. 24 to 31, as regards the provisions other than those relating to the organization contract and other agreements concerning the sale of a single service contract.
B) CONTRACT CONDITIONS
To such contracts are subject to the following clauses of the general terms and conditions of sale of packages above: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 19.
The application of these clauses does not determine the configuration of the related contracts as a package tour. The terminology of the cited clauses relative to the tourist package contract (organizer. Travel etc.) Be understood with reference to the corresponding figures of the sale contract of single tourist services (seller, accommodation, etc.).
Approved in September 2007 by Astoi, Assoviaggi , Assotravel, Fiavet.
TECHNICAL
1) FEES AND SUPPLEMENTS: ARE BASED ON THE CHANGE:
1 Euro = 1.35 US Dollars, Pounds Sterling 1 Euro = 0.79 GBP = or, for other currencies, the exchange rates in effect at 12.11.2014. The variation of the exchange rate of the prices of tour packages can be purchased in good time and in the manner provided by art. 90 of the Consumer Code and recalled by the General Conditions of Contract (article 6).The incidence of changes in the exchange rate published on the flat rates is (+/-) 3%.
The prices of the packages purchased can also be modified as a result of changes in transport costs, including the cost of fuel , and those rights and taxes on certain types of tourist services such as taxes, landing fees, landing or boarding in ports and airports.
2) CHANGES IN CONFIRMED RESERVATIONS:
For any required changes to a confirmed reservation that do not involve the payment of a consideration of withdrawal, will be charged € 50.00 for practice up to a maximum of 2 booked services, if necessary change more services will charge a penalty of EUR 80.00 flat rate.
If the tickets have already been issued at the time of the change by the consumer, they will be charged in addition to the costs of modification above, penalties and the costs provided by IATA or vector, in addition to paying the organizer of all the additional expenses incurred to continue to change. In case of substantial changes to the practice, which change destination or departure date change, it will be applied the rules of cancellation fees provided in this data sheet.
3) Substitutions:
the change of the name of the customer withdrawing with that of a substitute can not be accepted by a third party service provider, in relation to certain types of them, even if within the term of art. 12, paragraph a) of the General Conditions of Contract for the sale of package tours. The organizer will not be responsible for much of the possible lack of acceptance of the amendment by the third party service providers.
Such failure will be promptly notified by the organizer to the parties concerned before departure.
4) PAYMENTS:
at the time of booking must be paid a deposit equal to 25% of the price of the package as reported Art.7 of the General Conditions of Participation, while the balance must be paid at least thirty days before the date of departure unless otherwise agreed in writing. For bookings made by the thirtieth day prior to departure, the full amount of the package tour must be paid at time of booking. Failure to make payments above the established dates, constitutes termination clause of the contract, without prejudice to compensation for further damages suffered by the organization.
5) CANCELLATION FEES:
the consumer who withdraws from the contract before departure for reasons other than those listed in art. 8, first paragraph, will be charged, regardless of the payment of art. 7, paragraph 1, the individual cost of management practice, the premium of the insurance cover trip cancellation and a consideration of withdrawal in the following manner:
– up to 30 days before departure: 10%;
– from 29 to 21 working days ( excluding Saturdays) before departure: 25%;
– from 20 to 8 working days (excluding Saturdays) before departure: 50%;
– 7 to 3 working days (excluding Saturdays) before departure: 80%;
– after the deadline 100%, excluding from the calculation the day of departure and the day that is given for the cancellation.
The latter it must necessarily be made in writing by fax or email. If the tickets have already been issued at the time of cancellation by the consumer, they will be charged in addition to the above penalties, penalties and the costs provided by the carrier or IATA. In any case, no refund to the customer who decides to terminate the trip or stay or not to use the services regularly booked and accepted in the contract of sale of package tours.
Important: Some times of the year or certain destinations or special tourist services ( fairs, congresses, theater, park fees, etc.) may lay down rules of booking, payment and cancellation imposed by the service providers themselves, very special that can not match the above rules. The procedures for booking, payment and cancellation fees, will be specified by the organizer to the consumer and / or intermediary.
5) INSURANCE:
In order to join a proposed trip Places To Love, the customer is required to conclude, at the time of booking, a travel insurance policy covering cancellation penalties package, the costs of illness, accident , lost or stolen baggage, repatriation costs for early return in case of serious accidents or illnesses or their closest relatives. The customer can choose to subscribe to travel insurance which Places to Love has agreed to particularly favorable conditions with Navale Assicurazioni SpA, in which the previous page, entitled “Insurance”, or provide written proof, at the time of booking, ignition similar policy with the same subject and same performance and simultaneously provide a written waiver of indemnity insurance cover offered by Places to Love.
6) Information on the identity AIR CARRIER ACTUAL:
The name of the carrier that will make the / i your / flight / s is indicated in the booking confirmation sheet and / or travel documents; Any changes will be communicated in a timely manner in accordance with Regulation n.2111 / 2005.
7) LIABILITY OF CARRIERS:
Community air carriers and those from States Parties to the Montreal Convention 1999 are subject to the following liability regime: There are no financial limits to the liability of air carriers for damages of death, wounds or personal injury to a passenger .
For damages exceeding 100,000 SDRs (approximately 120,000 Euros) the air carrier can only contest a claim if it can prove that the damage was not its fault. In case of delay in transporting passengers, the carrier is liable for damage up to a maximum of 4,150 SDRs (about 5000 Euro). In the case of destruction, loss, damage or delay in baggage delivery, the carrier is liable for damage up to 1,000 SDRs (approximately 1200 Euro) .The carriers belonging to non-parties to the Montreal Convention may apply different liability regimes than the above. You can make a special declaration of higher value of the baggage or sign a special insurance with payment of the supplement thereto at the latest at the time of acceptance. A summary of the main provisions governing the liability of carriers who work with Places to Love is still available on request from our offices.
The responsibility of the tour operator to the passenger would always be governed by the Consumer Code and the General Conditions of Contract ASTOI published in this catalog.
8) EXCURSIONS AND OPTIONAL SERVICES PURCHASED ON THE SPOT:
The excursions and more generally the services purchased by the consumer at the destination of the trip and not included in the price of the package are to be considered extraneous to the object of its Travel Contract concluded with Places to Love.
Therefore, no responsibility can be attributed to Places to Love, as an organizer of services, in the event that people of our staff, carers or local correspondents can take care of the reservation or sale of such excursions
9) PRIVACY:
Information pursuant to Art. 13 of Legislative Decree no. 196/03 (Personal Data Protection). The processing of personal data of customers, whose contribution is necessary for the conclusion and execution of the contract, is done in full respect of the Legislative Decree no. 196/2003, in paper and digital form.
The data will be communicated only and to all those persons to whom the communication is necessary in order to allow the execution of the contract and the provision of services included in the package, or to the authorities if required by specific regulations.
The customer may at any time exercise their rights under Art. 7 Legislative Decree n. 196/03 contacting Places to Love, the data controller.
10) WARNING:
mandatory disclosure pursuant to Art. 17 of Law 38/2006: The Italian law punishes with imprisonment offenses relating to prostitution and child pornography, even if committed abroad.