|Terms and Conditions|
GENERAL TERMS AND CONDITIONS
1. INTRODUCTION. NOTION OF PACKAGE TOUR
The price of the tourist package is indicated in the contract, according to what has been written in the catalogue (on paper or electronic), in the extra-catalogue programme, or possible updates of the catalogues or the extra-catalogue programmes which might have been done afterwards. The price can be changed until 20 days before the departure, according to the following variations only:
8. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE THE DEPARTURE
In case before the departure TLS communicates, in writing, that one or more services of the tourist pack cannot be supplied, proposing an alternative solution, the customer can either have the restitution of the sum paid or accept the offer of another substitutive package tour (in accordance with the second and the third sub-sections of item 7 above).
In case after the departure TLS cannot supply, for any reason (apart from an event strictly depending on the customer) an essential part of the services included in the contract, it will have to provide alternative solutions, without extra-charges to be paid by the contracting party. If the value of the supplied services is lower than the value of the estimated ones, the value of the difference must be given back.
The renouncing customer can be replaced by a different person, in case:
11. OBLIGATIONS OF THE PARTICIPANTS.
The participants shall have to be equipped with personal passports or other documents valid for all the countries in the route, with the tourist and transit visas, and with the health certificates which might possibly be required. Furthermore, the participants will have to follow the rules of ordinary cautiousness and diligence, the specific rules in force in the countries which are going to be part of the journey, all the information supplied by TLS as well as the regulations and administrative and/or legislative provisions relating to the package tour. The participants will be asked to answer for all the damage suffered by TLS because of their incapacity to follow the above-mentioned obligations. The customer must give TLS all the documents, the information and the elements owned by himself, which might be useful for exercising the subrogation right of the latest towards third parties, responsible for the damage. The customer is held responsible by N.TLS r the detriment of the subrogation right. At the moment of the booking, the customer will also communicate in writing to N.TLS e needed details which might possibly be part of specific agreements, such as journey instructions, provided their accomplishment is possible.
The official classification of hotel structures is given in the catalogue (in paper or electronic) or in other information material, just in case it will be explicitly and formally pointed out by the competent authorities of the country in which the service is supplied. In absence of official classifications recognized by the competent Public Authorities of the countries which are also members of the European Union, to which the service refers – with the aim of pointing out in detail the quality characteristics of the hotel accommodations offered and make the customer well aware of his choice – TLS reserves the right to supply, in catalogue or leaflet, its own quality evaluation of the receptive structure.
TLS answers for the damage done to the customer because of the total or partial non-fulfilment of the services described in the contract, either if these are performed by himself or third-party suppliers, unless it proves that the event depends on the customer (including initiatives taken by himself independently, during the execution of tourist services), or on events not linked with the supply of the services described in the contract, fortuitous events, force majeure or else by circumstances which TLS itself might not reasonably foresee or solve, on the basis of a principle of professional care. Under no circumstances will the seller, receiving the booking of the package tour, answer for the obligations coming from the journey organization. However, the seller is solely responsible for the obligations coming from its intermediary activity, in conformity with the responsibility limits fixed by the above-mentioned laws or conventions.
Under no circumstances will the compensation due to TLS for person damages be higher than the compensation indemnities described by international conventions, with reference to the performances whose non-fulfilment caused the responsibility, that is the Warsaw Convention of 1929 about international air transportation, the text modified at The Hague in 1955; the Berna Convention (CIV) about railway transportation; the Brussels Convention of 1970 (CCV) about the journey contract for every case of responsibility of the organizer. In any case, the compensation limit cannot exceed the sum of 2,000 Germinal gold francs for property damage, fixed in item 13 no. 2 CCV, and 5,000 Germinal gold francs for any other damage”, as well as for those fixed in item 1783 of Civil Code.
TLS is obliged to perform assistance to the customer, on the basis of a principle of professional diligence, solely with reference to its obligations, or by contract or law regulation. TLS and the possible seller are exempt from their responsibilities (items 13 and 14), whenever the unsuccessful or wrong execution of the contract depends on the customer or depended on a inevitable or unforeseeable third-party event, that is on a fortuitous or force-majeure event.
16. COMPLAINTS AND DENUNCIATIONS
Every unsuccessful execution of the contract must be notified by the customer on the very moment of its happening. In this way TLS, its local representative or the escort can immediately remedy it. TLS
In case they are not explicitly included in the price, at the moment of the booking at the offices of TLS or of the seller, it is possible, or rather, advisable, to subscribe special insurance policies covering the expenses deriving from accidents and luggage. It will also be possible to subscribe an assistance contract covering repatriation expenses in case of accidents and decease.
This Guarantee Fund is available at The General Direction for Tourism of the Ministry of Productive Activities. In case of insolvency or bankruptcy by the seller or the organizer, the customer can turn to this Fund (in accordance with item 21 Legislative Decree 111/95), for covering the following needs:
GENERAL CONDITIONS OF THE SALE CONTRACT OF SINGLE TOURIST SERVICES
The contracts concerning the transportation and accommodation offer only, that is, any other separate package tour, since they cannot be considered contractual cases of journey organization, that is of package tour, are ruled by the following provisions of CCV: items no. 1, no. 3 and no. 6; items from 17 to 23; items from 24 to 31 - as far as the estimates different from those concerning the organization contract are concerned, as well as by other agreements which might have been specifically referred to the sale of the single service in the contract.
To these contracts, the following items of the above-mentioned general conditions of the sale contracts concerning package tours can also be applied: item 4, first sub-section; item 5; item ; item 7; item 8; item 9 ; item 10, first sub-section; item 11; item 15; item 17. The application of these items does not absolutely determine the structures of the relevant contracts, like package tour contracts. The terminology of the above-mentioned items, concerning the package tour contract (organizer, journey, etc.) is therefore to be referred to the corresponding figures of the sale contract of single tourist services (seller, accommodation, etc.).
Notice - in conformity with the Law.