Alternative tourism in Sicily, Etna Excursions
Via G. Garibaldi, 387 - 95029 Viagrande (CT)
Tel/Fax: +39 095 9891489
Mobile: +39 347 1145488
mail@natoursicily.it






In Collaboration with



Authorization of the Department of Tourism, Transport and Communication Sicily N. 1791/s2 of 07/06/2004
 


GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF VACATION PACKAGES

1. LEGISLATIVE SOURCES
The sale of tourist packages, which seek to provide services in both national and foreign territory is covered by L. 27/12/1977 No. 1084, ratifying and implementing the International Convention concerning the travel contract (CCV) signed in Brussels on 23.4.1970 - as applicable - and the Consumer Code in D. Decree No. 206, September 6, 2005 (articles 82-100) and its subsequent amendments.

2. AUTHORIZATIONS
The organizer and seller of the package, the consumer is directed, should be allowed the execution of their activities in accordance with applicable administrative rules.

3. DEFINITIONS
For the purposes of this contract means:
a) travel arrangements, the person who has the combination of the items in Art. 4 and undertakes on its own behalf and to provide a lump sum payment to a third party package tours;
b) the seller, the person who sells or agrees to provide package tours conducted in accordance with the following art. 4 to a flat fee;
c) consumer package tours and the purchaser, the transferee of a package tour or even any person to be appointed, provided that it meets all the requirements for the use of the service, on whose behalf the principal contractor agrees to purchase a package without remuneration.

4. CONCEPT OF TRAVEL PACKAGE
The notion of package is as follows:
"The tour packages are subject to travel, package holidays and package tours", resulting from the combination of at least two of the elements listed below, sold or offered for sale at an inclusive price, and for longer than 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) ....... which are part of the "package tour" (art. 84 Cod Cons.).
Il consumatore ha diritto di ricevere copia del contratto di vendita di pacchetto turistico (ai sensi degli artt. 85 e 86 Cod. Cons.), che è anche documento per accedere eventualmente al Fondo di Garanzia di cui all’art. 20 delle presenti Condizioni Generali di Contratto.

5. INFORMATION REQUIREMENTS - TECHNICAL
The organizer is obliged to realize a technical program in the program sheet. The required elements to be included in the the technical program are out of print:
- The number of administrative or, where applicable, the organizer' s Commencement Notice;
- Details of the insurance policy of civil liability;
- Period of validity of the list or the program out of print;
- Terms and conditions for the replacement of the traveller (Art. 89 Cod Cons.)
- Parameters and criteria for the adaptation of the holiday price (Art. 90 Cod Cons.).
The organizer will also inform passengers about the identity of the vector/s in the time and manner provided for in art. 11 of EC regulation 2111/2005.

6. RESERVATIOS
The reservation request must be made on the appropriate form, if appropriate electronic, fully completed and signed by the customer, who will receive a copy. Acceptance of bookings will be considered complete, resulting in the conclusion of the contract only when the organizer sends confirmation, including by electronic system, the customer at the travel agency vendor.
The indication of the package not contained in the contract documents, brochures or other means of written communication will be provided by the organizer in fulfilment of its obligations under the load art. Article 87, paragraph 2 Cod Cons. before the trip.

7. PAYMENTS
The extent of the advance, up to a maximum of 25% of the price of the package, to be paid at time of booking or of the firm request and the date by which, before departure, the balance must be paid, are from the list, from 'brochure or anything else”.
Failure to pay the debt for which the dates set out above is the termination clause to be determined, the intermediary agency and / or the organizer of the resolution right.

8. PRICE
The price of the package is determined in the contract, with reference to what is stated in the list or out of print and, if any program updates or list of these programs out of print subsequently occurred. It can be changed up to 20 days before departure and only in due to changes in:
- Transportation costs, including fuel costs;
- Dues, taxes on certain types of tourist services such as taxes, landing fees, landing or boarding in ports and airports;
- The exchange rates applied to the package in question.
For these changes will be referred to the exchange rate and the cost of the above on the date of publication of the program as reported in the technical details of the list or on the date shown in any update above.
The flat-rate fluctuations will affect the price of the package in the percentage expressly indicated in the technical program or in the list out of print.

9. CHANGE OR CANCELLATION OF TOUR PACKAGE BEFORE DEPARTURE
Before departure, the organizer or the retailer who needs to significantly change one or more elements of the contract, will immediately notify in writing to the consumer, indicating the type of change and the change in price that follows.
If you do not accept the proposed amendment referred to in paragraph 1, the consumer may exercise the right to regain either the sum already paid or to enjoy the offer of a package of substitution under the 2nd and 3rd paragraph of Article 10.
The consumer may exercise the rights mentioned above, even when the cancellation depends on the failure to reach the minimum number of participants in the program list or out of print or circumstances and fortuitous, for the tour package purchased.
For cancellations other than those caused by circumstances, accident and failure to reach the minimum number of participants, including those other than the lack of acceptance by consumers of alternative tourist package offered, the organizer cancelling, (Art. 33 beds. Cod And Cons.) will return twice what the consumer paid and cashed by the same organizer, through a travel agent.
The object of the refund amount will not exceed double the amount by which the consumer would be on the same date the debtor in accordance with Art. 10, paragraph 4 if he had to cancel.

9. CHANGE OR CANCELLATION OF TOUR PACKAGE BEFORE DEPARTURE
The consumer may cancel the contract without paying penalties in the following cases:
- Increase in the price referred to in art. 7 in excess of 10%;
- Significantly alter of one or more elements of the contract objectively as essential for the enjoyment of the package as a whole and proposed by the organizer after the conclusion of the contract but before the departure and not accepted by the consumer.
In the cases mentioned above, the consumer has the right alternately to:
- Make use of an alternative tourist package, without extra cost or with the return of the surplus price, if the second package has a value lower than the first;
- The return of only the money already paid. This refund will be made within seven working days from receipt of the request for reimbursement.
The consumer must communicate his decision (to accept the amendment or withdrawal) not later than two working days from the time of receiving the notice of increase or modification. In the absence of express notice within such period, the proposal made by the organizer is considered accepted.
If the consumer cancels the contract before the departure outside the assumptions listed in the first paragraph, will be charged - regardless of the payment of the Article. 7 paragraph 1 – the individual cost of the practical management, the penalty to the extent indicated in the technical program or the list out of print or tailor-made travel, any amount of insurance coverage already required at the conclusion of the contract or other services already made.
In the case of organized groups such payments will be agreed from time to time in the moment of the contract's sign.

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 covered in the contract, will provide alternative solutions, without additional cost to the contractor and where the services provided are of lower value than those provided, refund an amount equal to such difference.
If it is not possible an alternative solution or the solution offered by the organizer is refused by the consumer for proven and justified reasons, the organizer will provide at no extra cost, a transport equivalent to that originally planned to return to the starting or any other place agreed upon, consistent with the availability of resources and places, and will refund to the extent of the difference between the cost of benefits provided and the performance up to the time of anticipated return.

12. REPLACEMENTS
The remissive 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 replacement and personal particulars of teh transferee;
b. the transferee meets all conditions for the use of the service (ex art. 89 Cod Cons.) and in particular the requirements for passports, visas, health certificates;
c. said services or other services can be provided in place following the replacement;
d. the substitute return to 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 liable for payment of the balance due and the amounts referred to in subparagraph d) of this article.
Additional terms and conditions for the replacement are indicated in the data sheet.

13. CONSUMER OBLIGATIONS
During the negotiations and before the contract is concluded, Italian citizens are provided in writing general information - at date of going to press - relating to health requirements and documentation needed for travel abroad. Foreigners find the relevant information through their diplomatic missions in Italy and / or their official government information channels.
In any case, the consumers shall provide, before to departure, to check 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 Operations Centre at the phone number 06.491115) adapting before the travel. In absence of such verification, no responsibility for missed departure of one or more consumers may be attributed to the seller or organizer.
Consumers must inform the seller and the organizer of their citizenship and, at the time of departure, will definitely make sure to hold certificates of vaccination, the individual passport and any other document valid for all countries visited, as well as stay visas, transit and health certificates if required.
Furthermore, in order to assess the health and safety of the countries of destination and, therefore, the objective of usability services purchased or to be purchased, the consumer will retrieve (using the data sources indicated in paragraph 2) the information officers of character General at the Ministry of Foreign Affairs, which explicitly states whether or not the targets are subject to formal discourage.
Consumers should also follow the rules of normal prudence and diligence and to those specifications in force in the destination countries, all information provided by the organizer, and regulations to administrative or legislative provisions relating to the package. Consumers will be liable for any damage that the organizer and / or retailer should be also due to non-compliance with the obligations set out above.
The consumer also will communicate in writing to the organizer, at the time of booking, any special personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement.
The consumer is still obliged to inform the Seller and the Organiser of any needs or special conditions (pregnancy, food allergies, disabilities, etc. ...) and explicitly specify the demand for personalized services.

14. HOTEL CLASSIFICATION
The official classification of hotels is provided in the list or other information material only in accordance with official indications expressed by 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 their own list or brochure description of the accommodation, such as to permit an evaluation and subsequent acceptance by the consumer.

15. SYSTEM OF LIABILITY
The organizer is liable for damages caused to the consumer because of the total or partial performance of the contract, whether these are performed by him personally or by third party service providers, unless he proves that the event was caused by Consumer (including initiatives taken by him during the performance of tourism services) or by circumstances beyond the provision of services under the contract, by accident, by force majeure, or due to circumstances that the organizer could not in accordance with the professional diligence, reasonably foresee or forestall.
The seller from whom you have made your booking the package will not answer, under any circumstances, the obligations arising from travel, but is only responsible for the obligations arising from his role as intermediary and no limits applying to such liability under the current rules in this area.

16. LIMITS FOR COMPENSATION
The compensation for damages can' t in any case exceed the limits set out in Articles. 94 and 95 of the Consumer Code.

17. DUTY OF CARE
The organizer is obliged to lend its assistance to the consumer imposed by the professional standard of care only in respect of obligations at their own expense is required by law or contract.
The organizer and the seller are exempted from their responsibilities (Articles 15 and 16 of these General Conditions), where failure or improper performance of the contract is attributable to the consumer or was the result of a third unforeseeable or unavoidable, or was caused by a fortuitous event or force majeure.

18. CLAIMS AND COMPLAINTS
Any failure in the performance of the contract must be challenged by the consumer without delay so that the organizer, the local representative or redress them promptly. If not, can not be denied the breach of contract.
The consumer must also - under penalty of forfeiture - complaint by sending a registered letter with return receipt to the organizer or seller, not later than ten working days from the date of return to the town.

19. INSURANCE COSTS OF CANCELLATION AND RETURN
If not expressly included in the price, it is possible and advisable, to conclude at the time of reservation at the offices of the organizer or the seller, insurance policy against the costs arising from cancellation of the package, accidents and baggage. It will also be possible to conclude a service contract that covers repatriation costs in case of accident or illness.

20. GUARANTEE FOUND
The National Guarantee Fund (Article 100 Cod Cons.) established to protect consumers who are in possession of the contract, arrange for the following needs in case of insolvency or bankruptcy of the seller or the organizer said:
a) refund the price paid;
b) repatriation in case of travel abroad.
The fund must also provide immediate available founds in the case of forced return of tourists from non-EU countries during emergencies or not attributable to the conduct of the organizer.
The modalities of operation of the Fund are established by Decree of the President of the Council of Ministers of 23/07/99 No 349.

ADDENDUM
GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE SERVICES

A) LEGAL PROVISIONS
The contract covers the supply of the only transport service, residence, or any other separate tourist service, not being able to configure as the case negotiated organized travel or travel package, are governed by the provisions of the CCV: art.1 No 3 and 6;
Articles. From 17 to 23 Articles. 24 to 31, with regard to provisions other than those relating to the organization contract and other agreements specifically related to the sale of a single service contract.

B)CONTRACT'S CONDITIONS
These contracts are subject to the following clauses of general terms and conditions of the sale of packages above: art. 6, paragraph 1, art. 7 paragraph 2, art. 13, art. 18. The application of such clauses does not determine absolutely the configuration of such contracts as a package. The terms of those clauses relating to the package (organizer, travel, etc..) can be understood with reference to the corresponding figures of the sale of individual turistical services (Seller, stay, etc...).





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