1. FOREWARD. DEFINITION OF A TOURIST PACKAGE
a) The organizer and the vendor of the package, whom the consumer contacts, must be in possession of the administrative authorization to carry out their activities;
b) The consumer is entitled to receive a copy of the contract for the tourist package indicating all the elements of the contract of sale (Art.85, 86 Legislative Decree 206/2005). The legislative decree of September 6, 2005, 206 applies to:
a) the organizer of the trip: the person putting together the combination of elements referred to in Article 84 who undertakes in his own name and on reception of payment to procure tourist packages to third parties;
b) the vendor: the person who sells or agrees to procure packages created under Article 84 on reception of payment;
c) the consumer of tourist packages: the purchaser, assignee of a tourist package, or any person also to be appointed, as long as they meet all the conditions required for the use of the service, on whose behalf the main contractor agrees to purchase a package without remuneration. The packages relate to all inclusive trips, holidays and package tours, resulting from the combination of at least two of the following elements sold or offered for sale at an all inclusive price, and lasting more than twenty-four hours or covering a period including at least one night:
c) other tourist services which constitute a significant part of the tourist package.
2. APPLICABLE LAWS
The contract of sale of the tourist package, is ruled not only by these general conditions, but also by the clauses indicated in the travel documents given to the consumer. This contract, whether it relates to services to be provided in Italy or abroad, will also be ruled by the provisions – as applicable – of the Law 27/12/1977 n ° 1084 ratified and implemented by the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 and by the Legislative Decree 206/2005
3. COMPULSORY INFORMATION – TECHNICAL SHEET
The organizer must include a technical sheet in the brochure or in the off-brochure program. The required elements to be included in the technical brochure or off-brochure program are:
o details of the administrative authorization of the organizer;
o details of the organiser’s public liability insurance policy;
o validity term of the brochure or off-brochure program;
o terms and conditions of transferring the contract (art.89 Legislative Decree 206/2005);
o exchange rate for calculating currency adjustments, date or rate
Booking requests shall be written on the appropriate booking forms. The booking form may be in electronic format and shall be completely filled in and signed by the consumer, who will receive a copy. Bookings are only to be considered accepted and the travel contract effective, only after the issuing of written confirmation sent by Trabinis Tour, also via electronic means of communication, to the customer at the travel agency selling the package. Any information about the tourist package which may not have been included in the travel contract, brochure or other leaflet, will be supplied by Trabinis Tour of De Vincenzi Antonino in due time before tour departure, in regular fulfilment of the organizer’s obligations in compliance with Article 87 paragraph 2 of Legislative Decree 206 / 05.
By submitting forms present on this website you are agreeing to be subscribed to the mailing list in accordance with Law No. 31.12.96 675.
A deposit amounting to 25% of the price of the tourist package shall be paid at the time of booking or at the time of the binding request. The balance shall be paid during the 30 days before departure. For bookings carried out during the 30 days preceding the departure date, the entire sum shall be paid at the time of booking. Failure to pay the above mentioned sums by the agreed due dates constitutes clause of defeasance and shall entitle TRABINIS TOUR of De Vincenzi Antonino to terminate the contract.
The price of the tourist package is indicated in the contract, with clear reference to the prices stated in the brochure or off-brochure program and any further updates to the brochures or off-brochure programs occurring later. It can be changed up to 20 days before departure and only as a result of changes in:
a) transport costs, including the cost of fuel;
b) dues and taxes chargeable on certain types of tourist services such taxes and/or landing, embarkation or disembarkation taxes at ports and airports;
c) the exchange rates applied to the package in question. In the event of any variation, clear reference will be made to the exchange rate/s and costs in force on the date the brochure off-brochure program has been published, as indicated in the technical sheet, or on the date the above mentioned brochure or off-brochure program has been updated. Fluctuations will affect the tourist package flat rate in the percentage that has been clearly indicated in the technical sheet included in the brochure or off-brochure program
7. CONSUMER WITHDRAWAL
The consumer may withdraw from the contract, without paying any cancellation fees, in the following cases:
– an increase in price as referred to in article 6 in excess of 10%.
– if one or more fundamental elements constituting the tourist package are significantly modified by Trabinis Tour after the confirmation of the contract but prior to departure and declined by the consumer. In the cases mentioned above, the consumer has the right to:
– benefit from an alternative tourist package, at no extra cost or with a refund of the excess price difference if the second tourist package has a lower price to the first;
– receive a refund of the amount already paid. The refund must be made within seven working days of receipt of refund request. The consumer must communicate his decision (to accept the modification or withdrawal) no later than two working days from the moment he received the notice of increase or modification. In the absence of express notice within such period, the proposal made by TRABINIS TOUR is considered accepted.
If the consumer withdraws from the contract before departure for a reason not included in paragraph 1, he will be charged -regardless of the deposit paid in reference to Article 5/ paragraph1 – the a cancellation fee as set out in the following table (plus the individual cost of the management of the procedure and insurance policy against cancellation):
– 10% up to 30 days before the date of departure for trip.
– 30% from 29 to 20 days before the date of departure
– 50% from 19 to 10 days before the date of departure
– 75% from 9 to 4 days before the date of departure
– 100% from 3 to 0 days before the date of departure
– no refund after these terms.
For all combinations, no refund will be granted to those who are not present on the departure date or who withdraw during the course of the trip, those who could not make the trip due to lack or inaccuracy of required personal documents for travel abroad, or for reasons not attributable. NB In the case of pre-arranged groups, cancellation fees will be agreed from time to time when signing the contract.
8. ALTERATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE.
In the event that, prior to departure, TRABINIS TOUR of De Vincenzi Antonino finds he is unable to provide one or more of the elements covered by the tourist package, he shall make written notification to the consumer proposing an alternative solution. The consumer may then exercise either the right to receive a refund of the amount already paid or to accept the offer of a proposed replacement package (according to the 2nd and 3rd paragraph of the previous Article 7). The consumer is entitled to fully exercise the above mentioned rights also in the event of cancellation due to the failure to reach the minimum number of participants in the program in the brochure or the off-brochure program or due to exceptional circumstances (force majeure) and unexpected events relating to the tourist package that has been purchased.
For cancellations other than those due to force majeure, unexpected events or failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the consumer of the alternative tourist package offered (under the previous Article 7) Trabinis Tour of De Vincenzi Antonino (art.33 letter e Decree 206/05) the consumer will be refunded twice the amount of the sum paid to the organizer through the travel agent. The refunded sum will not exceed twice the amount that the consumer would be due on the same date according to the provisions of the previous article 7, paragraph 4 if he was to cancel.
9. ALTERATIONS AFTER DEPARTURE
If after departure TRABINIS TOUR is unable to provide, for whatever reason except for a reason due to the consumer, a significant part of the services indicated in the contract, they must provide alternative solutions, without any surcharge or with a refund in respect of any price difference in case of alternative services of lower value. If no alternative solution can be found, or should the solution proposed by Trabinis Tour of Riccardo De Vincenzi be rejected by the consumer for valid and serious reasons, the organizer will provide, free of charge, a means of transport equivalent to the original for the return journey to the departure point or to another agreed location, subject to availability of seats and means of transport and will refund the consumer the price difference between the cost of expected services and the services benefited from up to the time of the early return.
A customer who withdraws may be replaced by another person provided that:
a) the organizer is given notice and receives in writing all personal details of the transferee no later than four business days before departure;
b) the transferee satisfies all conditions required for the use of services (ex art.89 Legislative Decree 206/05) and in particular the requirements for passports, visas, medical certificates;
c) the transferee refunds Trabinis Tour for all expenses sustained for the transferring of the contract, the amount of which will be quantified prior to the sale. The transferor and the transferee are also jointly liable towards the organizer for the payment of any outstanding balance due and the amounts referred to in subparagraph c) of this article. In relation to certain types of services, it may occur that a third service provider does not accept the change of the name of the transferee, even if made within the period referred to in point a) above. Trabinis Tour of Riccardo De Vincenzi will not be responsible for any lack of acceptance of the amendment by the third party service providers. The interested parties will be promptly notified of this failure by Trabinis Tour of Riccardo De Vincenzi before departure.
11. PARTICIPANTS OBLIGATIONS
Participants must be in possession of a personal passport or another document valid for all countries to be visited, as well as any visas and transit and medical certificates that may be required. They must also observe the rules of normal prudence and diligence, and must follow all indications given by the organizer, as well as the administrative or legislative provisions stated in the “package”. Participants will be held responsible for any damage caused to the organizer due to non-fulfilment of the above mentioned obligations and misconduct. The consumer must supply the organiser with all documents, information and elements in his/her possession elements helpful to the tour operator to exercise its subrogation rights towards third parties responsible for damage and on the other hand the consumer is held responsible towards the organizer for prejudice caused to the subrogation rights. At the time of booking, the consumer shall inform the organizer in writing about any special personal needs that they may have and which may be part of a special agreement, provided that requirements can be satisfied.
12. HOTEL CLASSIFICATION
The official classification of hotels is provided in the brochure or other informative material only on the basis of explicit and formal indications 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 country members of the EU where the service is provided, TRABINIS TOUR of Riccardo De Vincenzi reserves the right to provide in the brochure or on the website www.tlvtour.com, a proper description of accommodation so that the prospective consumer may evaluate it himself and decide whether to accept it or not.
13. REGIME OF LIABILITY
The organizer is liable for damages caused to the customer owing to partial or total non-fulfilment of the services stated the Contract both if they are supplied by the organizer himself and by third parties, unless it is proved that the damage was caused by the consumer’s fault (also including personal initiatives during the performance of the tourist services), by circumstances not related to services indicated in the Contract, by force majeure or by other circumstances which the organizer could not reasonably foresee or solve. The vendor with whom booking of the package was made is not liable whatsoever for the obligations arising from travel, but is responsible exclusively for the obligations arising from his role as intermediary and in any case within the limits for such liability provided by law or conventions mentioned above.
14. EXTENT OF COMPENSATION
In no case will the compensation payable by the organizer for personal damage exceed the limits stated in the international conventions in relation to services whose non-fulfilment determined the liability, whether stipulated in the contract, or not laid down in the contract: namely the Warsaw Convention 1929 on International Civil Aviation as amended at The Hague in 1955, the Berne Convention (CIV) on rail transport, the Brussels Convention of 1970 (CVV) on the responsibility of the organizer. In no case will the limit of compensation exceed the sum of “2000 Germinal gold francs for damage to property” art. 13 n ° 2 CCV and 5000 Germinal gold francs for any other damage and for those set forth in art. 1783 of the Civil Code.
15. ASSISTANCE OBBLIGATIONS
The organizer is obliged to lend assistance to the consumer imposed by the criterion of professional diligence with exclusive reference to the obligations which are at his own expense as stated by law or contract. The organizer and the seller are exonerated from their obligations (art. 13 and 14), when the partial or non-fulfilment of the contract is attributable to the consumer or to an unforeseeable or unavoidable act of a third party or a fortuitous event or exceptional circumstances (force majeure).
16. CLAIMS AND COMPLAINTS
Any failure in the contract must be contested by the consumer without delay so that the organizer, his representative or the guide may remedy the situation promptly. Consumers may also file a complaint by sending a registered letter with acknowledgment of receipt to the organizer or seller, not later than ten working days from the date of return to the place of departure.
17. INSURANCE COVERING COSTS OF CANCELLATION AND/OR REPATRIATION
Unless expressly included in the price or provided for in the brochure, it is strongly recommended prior to departure that a special insurance policy to cover expenses deriving from the cancellation of the “package”, accident and baggage loss expenses It is also possible to take out an insurance policy covering repatriation costs in case of accident or illness.
18. GUARANTEE FUND
A national guarantee fund has been set up at the Directorate General for Tourism The Ministry of Industry, to which consumers may apply (ART.100 Legislative Decree 206/05), to safeguard the consumer in the event of insolvency or bankruptcy of the vendor or organizer. The fund guarantees:
a) reimbursement of the sums paid;
b) repatriation in case of travel abroad.
The fund also provides immediate financial resources in the event of forced repatriation of tourists from non-EU countries due to emergencies, whether or not such emergencies are attributable to the organizer. Procedures for the operation and management of the fund are specified in the Prime Minister Decree no. 349 of 23 July 1999, published on the Official Gazette on 12 October 1999, issue no. 249. 23/07/99.
TERMS AND CONDITIONS FOR THE SALE OF SINGLE TOURIST SERVICES
A) LAW PROVISIONS
Contracts dealing with the offer of only one tourist service, of accommodation only service or any other separate tourist service, since they cannot be considered as travel package, are ruled by the following provisions of the CCV: art. 1, No. 3 and 6, Arts. 17 to 23, Arts. 24 to 31, with regard to provisions different from those related to the organization as well as by all other agreements specifically related to the sale of single travel services being the subject of the contract.
B) CONTRACT CONDITIONS
The following clauses of the general conditions of contract of sale of the “tour packages” also apply to such contracts shown above: art. 4 1° com.; art. 5; art. 7; art. 8; art. 9; art. 10 1° comma; art. 11; art. 15; art. 17. The application of these clauses does not determine in any way the configuration of the related contracts an organised trip or stay or “tourist package”. The terminology used in the above clauses regarding a “tourist package” (organiser, trip etc.) should therefore be understood as referred to the corresponding elements of the single travel service contract (vendor, accommodation etc). Approved by Assotravel, Assoviaggi, Astoi e Fiavet.
Please note that all personal data will be processed in full compliance with the provisions of Law 675/1996 and that the processing of personal data is directed at the Company of the services covered by the package. Personal data in any case will not be passed to third parties at any time and may be cancelled at the request of the consumer.
AUTHORIZATION DEPARTMENT OF TOURISM REGION OF SICILY NUM.:. 130/S11-TUR/2007 of 08/01/2008
MANDATORY COMMUNICATION LAW 269/98 ART. 16 FOR ITALIAN LAW OFFENCES RELATING TO PEDOPHILIA, PROSTITUTION AND CHILD PORNOGRAPHY ARE CRIMINAL OFFENCES AND THEREFORE ARE PUNISHABLE BY IMPRISONMENT EVEN IF COMMITTED ABROAD.