Terms & Conditions

GENERAL TERMS & CONDITIONS

SALES CONTRACT OF TOURISTIC PACKAGES

 

1.APPLICABLE LAW AND JURISDICTION

The sale of holiday packages having as their object the supply services in the domestic & foreign territory, is governed by ratification and implementation of Law 27/12/1977 n ° 1084 of the International Convention on Travel Contracts (CCV) signed in Brussels on 23/04/1970 - where applicable – and by the applicable laws of Italy. All the disputes arising out of or in connection with the aforementioned sale of holiday packages will be submitted to the exclusive jurisdiction of the Courts of Florence – Italy. 

2. PERMITS

The organizer and the seller of the package, to which the client addresses, must be authorized for execution of their activities according to the applicable administrative regulation in force.

3. DEFINITIONS

For the purposes of this contract the following definitions apply:

a) organizer of the trip means the person who makes the combination of the elements listed in article 4 and sells packages to third parties;

b) the seller means the person who sells or agrees to provide tourist packages under article 4;

c) client of travel packages means the purchaser, the transferee of a package tour or any other person, provided it meets all the conditions required for the use of the service, on behalf of which the principal contractor agrees to purchase a package without any remuneration.

4. TOUR PACKAGE

The concept of a tour package is as follows:

Package tours include travels, holidays and circuits, resulting from the combination of at least two of the items listed below, sold or offered for sale at fixed price, and lasting more than 24 hours or covering a period including at least one night:

a) transportation;

b) accommodation;

c) tourist services not ancillary to transportation or accommodation (omitted) ....... which constitute a significant part of the "Package" (Article 84 of the Code of Consumption). The client has the right to receive a copy of the sales contract of the package (as per articles. 85 and 86 of the Code of Consumption), which is also necessary to access the Guarantee Fund in art. 20 of these General Conditions of Contract.

5. COMPULSORY INFORMATION – TECHNICAL FORM

The organizer is under obligation to insert a technical form in the brochure or in the travel program. The elements that must be included in the technical form are:

- The administrative authorization or, if applicable, the organizer’s Notice of Commencement;

- Details of the insurance for civil liability;

- Validity term of the brochure travel program;

- Terms and conditions for the replacement of the traveller (art. 89 of the Code of Consumption.);

- Benchmarks and criteria for the price adjustment (Article 90 of the Code of Consumption.).

The organizer will also inform the passengers on the actual carrier according to the deadlines and modalities foreseen under art. 11 of Regulation (EC) 2111/2005.

6. RESERVATIONS

The reservation request must be made on the appropriate contractual form, if electronic, duly filled in its entirety and signed by the customer, who will receive a copy of it. Acceptance of bookings is deemed completed, and as a consequence the contract is concluded only when the organizer sends the corresponding confirmation, even by telematic system directly to the customer or to the travel agency.

Indications regarding the package not contained in the contractual documents, brochures or other means of written communication will be provided by the organizer in fulfillment of obligations under art. 87, paragraph 2 of the Code of Consumption, before the beginning of the trip.

7. PAYMENTS 

The brochure, catalogue or any other source of information will show the downpayment, up to a maximum of 30% of the package price, to be paid at the time of booking or upon the binding order, and the date by which, before departure, the balance is due. The lack of payment of the above sums within the set date constitutes an express termination clause that allows the organizer to resolve the contract.

8. PRICE

The price of the package is set in the contract, with reference to what is stated in the catalogue, in the brochure program or in any updates of them.

9. MODIFICATION OR CANCELLATION OF A TOURIST PACKAGE BEFORE DEPARTURE

Before departure, the organizer who needs to change significantly one or more elements of the contract, shall immediately notify it in writing to the client indicating the type of modification and the consequent price change. If the client does not accept the proposed amendment hereinabove referred, he may exercise the right to recover the sum already paid or to take advantage of an alternative tourist package under the 2nd and 3rd paragraph of Article 10. The client may exercise the above rights also when cancellation is due to lack of minimum number of participants foreseen in the catalogue.

10. WITHDRAWAL BY THE CLIENT (Cancellation Policy)

The client may cancel the contract without paying penalties in case of significant modification of one or more elements of the contract objectively deemed as fundamental for the enjoyment of the package as a whole and as proposed by the organizer prior to departure and not accepted by client.

In the cases mentioned above, the client has the right:

- to use an alternative tourist package, at no extra cost or with the restitution of the surplus money, if the second package has a lower value than the first;

- the refund of the amount actually paid.

The client who withdraws from the contract before departure outside those circumstances listed in the first paragraph shall be charged – on top/regardless of the payment of art. 7 paragraph 1 - the individual cost of handling the file, the penalty in the amount indicated in this article and cost related to extra-insurance coverage requested and already provided. Clients wishing to cancel their booking must notify DaVinci Travels s.r.l. in writing immediately. When a booking is cancelled by a client, the client will be liable for the following charges, counting from the date notification is received:

A. Cancellation more than 30 days before departure will result in loss of deposit.

B. Cancellation between 30 and 10 days prior to departure will result in the loss of 50% of trip price.

C. Cancellation within 10 days prior to departure will result in the loss of 100% of trip price.

11. CHANGES AFTER DEPARTURE

If, after the departure, the organizer is unable to provide for any reason, except for a fact due to the client, an essential part of the services included in the contract, it shall prepare alternative solutions, without additional cost for the client, and in the event that the benefits provided are of a lesser value than those provided, it shall refund him an amount equal to such difference. If there is no alternative solution, or the solution of the operator is refused by the customer for proven and justified reasons, the organizer will provide at no extra cost, a means of transport equivalent to that originally planned to return to the place of departure or to another place possibly agreed, compatibly with/depending on the availability of transportation seats, and it will reimburse the difference between the cost of the services envisaged and the services performed up to the time of the anticipated return.

12. REPLACEMENTS

The client may be substituted by another person only if: a) the organizer is notified at least 7 working days before the date fixed for the departure, and it receives communication about the reasons for the replacement and the transferee data and b) the transferee satisfies all the conditions for the use of the service (pursuant to art. 89 of the Code of Consumption) and in particular the requirements for passport, visa, medical certificates, c) the same services or other substitute services can be provided as a result of replacement d) the substitute reimburses the operator of any extra costs incurred to carry out the substitution, to the extent that these will be quantified prior to the sale.

13. OBLIGATIONS OF THE CLIENTS

Foreign travellers obtain the information through their diplomatic missions in Italy and/or through their respective official channels of governmental institutions. Travellers should observe the rules of common prudence and diligence, the rules specifically in force in the countries destination of the trip, all the information provided by the organizer and the regulations and administrative or legislative provisions relating to the package. The client gives written notice to the organizer, at the time of booking, of special personal requests that may be subject to specific agreements on travel arrangements, provided that it is possible to implement them. The client is requested to inform the organizer of any particular requirements or conditions (pregnancy, food allergies, disabilities, etc ...) and to explicitly specify the request of its personalized services.

14. HOTEL CLASSIFICATION

The official classification of hotels and description is provided in the catalogue or in any other information the organizer is due to provide.

15. LIABILITY REGIME

The organizer is liable for damages caused to the client due to the total or partial lack of performance contractually foreseen, whether these are performed by him directly or by a third party service providers, unless he proves that the event was caused by the client (including initiatives autonomously taken by him in the course of the 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 the professional diligence, reasonably foresee or solve. With any travel you’ll receive a free insurance AXA supply for Health Assistance (10.000€) and baggage loss and damage coverage (1.000€) prior to departure.

16. REIMBURSEMENT LIMITS

The reimbursement of the damages cannot in any case exceed the limits set out in Articles. 94 and 95 of the Code of Consumption.

17. OBLIGATION TO ASSIST AND INSURANCES

The organizer is obliged to give assistance to the client, as imposed by the standard of professional care. With any travel you’ll receive a free insurance AXA supply for Health Assistance (10.000€) and baggage loss and damage coverage (1.000€) prior to departure that includes also services of assistance and repatriation. You will be provided of the HELP TELEPHON NUMBER OF AXA HEALTH ASSISTANCE ITALY AND EUROPE 24/24.

18. INSURANCE FOR CANCELLATION

At the time of booking it is possible to stipulate a special insurance policy against the costs arising from the cancellation of the package.

19. CLAIMS AND COMPLAINTS

Any failure in the performance contract must be contested by the client without delay so that the organizer, his local representative or guide can remedy the situation promptly. Otherwise the breach of contract cannot be questioned. The client must also file a complaint by sending a registered letter with acknowledgment of receipt to the organizer or the seller no later than ten working days from the date of return to the place of departure, otherwise the claim will not be valid.

20. GUARANTEE FUND

The National Guarantee Fund (Article 100 of the Code of Consumption) - set up to protect clients who have signed a travel contract - shall provide the following, in the event of insolvency or bankruptcy of the seller or organizer:

a) reimbursement of the price paid;

b) repatriation in case of travel abroad.

The fund must also ensure immediate availability of funds in case of forced return of tourists from countries outside the EU on the occasion of a fact whether or not attributable to the organizer. The methods of intervention of the fund are established by the decree of the President of the Council of Ministers of 23/07/99, no. 349.

 

ADDENDUM

GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE TOURIST SERVICES

A) REGULATORY PROVISIONS

The contracts for the supply of the sole transportation service, accommodation or any other separate tourist service cannot be configured as a negotiation of the organization of a trip or package, and are governed by the following provisions of the International Convention on Travel Contracts (CCV): art. 1, no. 3 and n. 6, arts. 17 to 23, arts. from 24 to 31, with reference to provisions other than those relating to the organization contract as well as other agreements related to the sale of a single service contract.

B) CONDITIONS OF CONTRACT

These contracts are also subject to the following clauses of the general conditions of contract for the sale of packages above: art. 6, paragraph 1, art. 7, paragraph 2, art. 13, art. 19. The application of these clauses does not determine in any manner whatsoever the configuration of its contracts as a package. The terms related contract for tourist package (organizer, travel, etc..) used in these clauses should therefore be interpreted with reference to the corresponding figures of the sales contract for individual tourist services (seller,stay, etc..).Terms and conditions approved in September 2007 by Astoi, Assoviaggi, Assotravel, Fiavet.

C) PAYMENT

Payments can be made via international bank transfer or using a credit card (VISA, MasterCard). Please ask for instructions.

D) CLIENT CANCELLATION

Clients wishing to cancel their booking must notify DaVinci Travels s.r.l. in writing immediately. When a booking is cancelled by a client, the client will be liable for the following charges, counting from the date notification is received:

A. Cancellation more than 30 days before departure will result in loss of deposit.

B. Cancellation between 30 and 10 days prior to departure will result in the loss of 50% of trip price;

C. Cancellation within 10 days prior to departure will result in the loss of 100% of trip price.

E) UNUSED SERVICES

DaVinci Travels s.r.l. is not obliged to make any kind of reimbursement for trips which are interrupted or shortened by participants themselves for any reason whatsoever.

F) INSURANCE AXA

With any travel you’ll receive a free insurance AXA supply for Health Assistance (10.000€) and baggage loss and damage coverage (1.000€) prior to departure that includes also services of assistance and repatriation.

You will be provided of the HELP TELEPHON NUMBER OF AXA HEALTH ASSISTANCE ITALY AND EUROPE 24/24.