1) LEGISLATIVE SOURCES
The sale of a tourist package, irrespective of whether for services provided in Italy or abroad, shall be governed by these general terms and conditions, by Law no. 1084 dated 27.12.1977 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.04.1970 – where applicable – and by the Consumer Code pursuant to Legislative Decree no. 206 of 6 September 2005 (articles 82 – 100) as subsequently amended.
The organizer and seller of the tourist service contacted by the consumer shall be authorized to carry out the respective activities in accordance with applicable administrative regulations.
The following shall apply for the purposes of this contract:
a) The Travel Organizer shall refer to the subject organizing the combination of elements listed in article 4 hereunder who shall undertake on his/her own behalf to procure tourist packages for third parties against a flat rate payment;
b) The Seller shall refer to the person who sells or undertakes to procure tourist packages organized in accordance with article 4 hereunder, against a flat rate payment;
c) The Consumer of tourist packages, the customer, the purchaser, the transferee of a tourist package or any other person who may also be nominated provided they satisfy all the conditions required for using the service, on whose behalf the main contractor agrees to purchase a tourist package without remuneration.
d) Cost of trip: cost of accommodation, not including booking fees and any upgrade package supplements
e) The Total Cost refers to the overall Cost of a tourist package.
4) CONCEPT OF TOURIST PACKAGES
The concept of tourist package, for the purposes of this contract, shall be as follows:
The subject of the tourist package shall be travels, holidays and all-inclusive holiday circuits, resulting from the prearranged combination of at least two of the elements listed below, sold or offered for sale at a flat rate price, with a duration of more than 24 hours, that is, including at least one overnight stay:
c) Tourist services not pertaining to transport or lodging that constitute a significant part of the tourist package.
The consumer shall have the right to receive a copy of the contract of sale of the tourist package (pursuant to article 6 of Legislative Decree 111/1995) which is an essential document for accessing the Guarantee Fund where applicable in accordance with article 21 of these general terms and conditions.
5) COMPULSORY INFORMATION – TECHNICAL DATA SHEET
a) Details of the organizer’s administrative permit- Altomincio Family Park: permit no. dated 31/3/10 issued by the Municipality of Valeggio sul Mincio.
- Camping Village Jolly: permit no. 73 dated 27/1/1995 issued by the Municipality of Venice.
- Camping Village Norcenni Girasole Club: permit no. 153 dated 4/8/1995 issued by the Municipality of Figline Valdarno (Florence).
- Camping Village Park Albatros: permit no. 6393 dated 14/3/2008 issued by the Municipality of San Vincenzo.
- I Pini Family Park: permit dated 30/11/99 issued by the Municipality of Fiano Romano.
- Camping Village Roma: permit no. 816 dated 30/1/2003 issued by the Municipality of Rome.
- Camping Village Fabulous: permit dated 21/7/2005 issued by the Municipality of Rome.
b) Details of the third-party liability insurance policy: Zurich 562A3479
c) Period of validity of the catalogue or out-of-catalogue program: 01/01-31/12;
d) The conditions for substituting the named traveller shall be governed by article 13 of these general terms and conditions.
e) The parameters and criteria for adjusting the travel price are indicated in article 8 of these general terms and conditions.
Booking applications should be submitted using the appropriate contractual form, which may also be compiled electronically. The said form should be completed in full and signed by the client who shall receive a copy of the same.
The booking shall only be considered to have been finalized and the contract consequently concluded, once the organizer has sent the relevant confirmation, even electronically, to the client and after the deposit has been received. In the event of multiple bookings, a contractual booking form should be completed for each individual tourist package.
Once the booking has been accepted the client automatically becomes a member of the Club di Elite Club Vacanze.
Camping Villages and Family Park: at the time of booking, i.e. at the time a formal request is made, guests will be asked to pay a deposit consisting of 30% of the total cost of their stay at the campsite. The balance (the remaining 70%) should be paid at least 20 days before the arrival date by credit card or bank transfer. Non-payment of the amounts indicated above by the established dates shall constitute grounds for the application of the express termination clause, giving the seller and/or organizer the right to terminate the contract. Notice of termination shall be sent by the seller and/or organizer to the consumer at the address indicated on the form.
Camping in Town: At the time of booking, i.e. at the time a formal request is made, guests will be asked to pay a deposit consisting of 30% of the total cost of their stay at the campsite. The balance must be paid on arrival at the campsite.
The price of the tourist services published shall be expressed in Euro.
The price of the tourist package shall be specified in the contract in reference to the provisions contained in the catalogue or out-of-catalogue program, as well as any subsequent amendments to the same. The price may be altered up to 20 days before departure but only if due to variations to:
a) Transport costs, including fuel costs;
b) Fees and taxes on any type of tourist service such as levies and port or airport landing, boarding or disembarkation taxes;
c) Exchange rates applied to the packages in question.
9) WITHDRAWAL BY THE CONSUMER:
Villages and Family Parks: the consumer may only withdraw from the contract without paying a penalty in the following cases:
a) An increase of more than 10% of the price referred to in art. 8 above;
b) Significant changes to one or more elements essential for the use of the tourist package proposed by the organizer after the conclusion of the contract, prior to departure, which have not been accepted by the consumer.
Apart from the above circumstances, consumers withdrawing from the contract prior to departure,shall be charged a penalty – as well as the booking fee and any upgrade cost irrespective of the deposit paid pursuant to art. 7 – as indicated below:
- 10% of the Cost of the trip in case of withdrawals up to 30 calendar days prior to departure;
- 25% of the Cost of the trip in case of withdrawals from 29 to 21 calendar days prior to departure;
- 50% of the Cost of the trip in case of withdrawals from 20 to 15 calendar days prior to departure;
- 75% of the Cost of the trip in case of withdrawals from 14 to 7 days prior to departure;
- 90% of the Cost of the trip in case of withdrawals from 6 to 3 days prior to departure;
- 100% of the Cost of the trip in case of withdrawals from 3 days prior to departure up to the departure date.
Camping in Town: The consumer may withdraw from the contract without paying a penalty in the following cases:
a) An increase of more than 10% of the price referred to in art. 8 above;
b) Significant changes to one or more elements essential for the use of the tourist package proposed by the organizer after the conclusion of the contract, prior to departure, which have not been accepted by the consumer. Apart from the above circumstances, consumers withdrawing from the contract prior to departure, shall be charged a penalty – as well as the booking fee and the any upgrade cost of a superior package, irrespective of the deposit paid pursuant to art. 7 - equal to 100% of the deposit paid for bookings cancelled up to 48 hours prior to arrival at the campsite.ù
10) CHANGES TO OR CANCELLATION OF THE TOURIST PACKAGE BY THE CONSUMER PRIOR TO DEPARTURE
The organizer shall not be obliged to make any changes requested by the client to confirmed bookings in the event that it is impossible to carry out the same.
Any changes to the tourist package requested by the client shall involve payment of an additional amount to be established by the organizer and/or seller depending on the type of change requested. A reduction in the number of participants who have confirmed a single tourist package shall be considered to be a “partial withdrawal” and, as such, subject to the provisions set down in art. 9 of these general terms and conditions.
11) CHANGES TO OR CANCELLATION OF THE TOURIST PACKAGE BY THE ORGANIZER PRIOR TO
Any significant changes made by the organizer and/or seller to the service or to an essential element thereof shall be accepted and/or rejected by the consumer who shall undertake to notify the organizer of his/her decision within two working days from receipt of notification of the change. In the event that the change proposed as per paragraph 1 is rejected, the consumer may exercise the right to a refund for any amounts already paid, or receive another tourist package of equivalent or higher quality at no extra cost, or a qualitatively inferior tourist package with reimbursement of the difference in price.
The consumer may exercise the rights indicated above even in the event that the cancellation is due to the failure to reach the minimum number of participants stated in the catalogue or out-of-catalogue program, or to force majeure or unforeseeable circumstances relating to the tourist package purchased.
For cancellations other than those deriving from major force, unforeseeable circumstances or failure to reach the minimum number of participants, as well as those other than rejection by the consumer of the alternative tourist service offered, the cancelling organizer must refund the consumer double the amount paid by the same.
12) CHANGES MADE AFTER DEPARTURE
In the event that, after departure, the organizer is unable to provide an essential part of the services covered in the contract for any reason whatsoever, with the exception of events attributable to the consumer, it should find alternative
solutions at no extra cost to the contractor. Should the alternative services supplied be of a lower value than those originally booked, the organizer should refund the difference. If it is not possible to find an alternative solution, the organizer should reimburse the consumer for the difference between the cost of the services booked and the cost of the services provided up until the earlier date of return.
13) SUBSTITUTION OF TRAVELLER
The withdrawing client may be replaced by another person provided that:
a) The organizer has received notification of the same in writing at least four working days before the departure date, together with all the personal details of the transferee;
b) The substitute traveller meets all the requirements for using the service (pursuant to art. 89 of the Consumer Code) and, in particular, all the prerequisites related to passport, visas, and health certificates;
c) The substitute traveller reimburses the organizer for all the expenses incurred in order to effect the substitution which shall be quantified prior to the transfer.
The transferor and the transferee shall also be jointly liable for the payment of the balance due and the amounts indicated above in letter c) of this article.
In relation to certain types of services, there may be third-party suppliers of services who reject the substitution of the original subject, even where notified prior to the deadline indicated in point a) above. In this case the organizer cannot be held liable for the third-party service supplier’s failure to accept the change. The interested parties shall be promptly notified by the organizer of any such rejection prior to departure.
14) CLIENTS' OBLIGATIONS
Clients should be in possession of a valid identification document to be registered upon arrival at the accommodation structure indicated in the contract, as well all the necessary visas and health certificates that may be requested, or any documentation required in relation to the nationality and provenance of the same.
In all cases, prior to departure, clients should check for any amendments to the information of a general nature pertaining to health obligations and documentation required for travelling abroad with the relevant authorities, and update the same before travelling. In the absence of such verification, neither the seller nor the organizer may be held liable for the non departure of one or more consumers. Participants should also observe all the rules of normal prudence and diligence, the specific regulations in force in the destination countries, all the information supplied by the organizer and/or seller, and all the regulations and
administrative and legislative provisions relating to the tourist package. Participants shall be held liable for any damage incurred to the organizer and/or seller due to the failure to comply with the above requirements.
15) HOTEL CLASSIFICATION
The official classification of the accommodation structures shall be provided in the catalogue or the information material in accordance with the official formal instructions issued by competent regional and national agencies in charge of this sector.
16) SYSTEM OF LIABILITY
The organizer shall be liable for damages caused to the consumer deriving from the partial or total breach of the contractually stipulated services provided by the same, unless it is able to prove that the event is attributable to the consumer (thereby including initiatives undertaken independently by the consumer during the execution of the tourist services) or to circumstances beyond the supply of the services set down in the contract, unforeseen circumstances, force majeure, or circumstances that the organizer could not, with all due professional diligence, reasonably foresee or forestall.
17) COMPENSATION LIMITS
The compensation payable by the organizer for damage or personal injury shall not, under any circumstances, exceed the limits set down by any international conventions to which Italy and the European Union have signed up in reference to the services breached and which have thus caused in the relevant liability
18) ASSISTANCE COMMITMENT
The organizer only has to provide the consumer with the assistance required by professional diligence in reference exclusively to the obligations for which it is liable in accordance with legal or contractual provisions. The organizer and the seller shall be exempted from their respective liabilities (articles 16 and 17) in the event that the failed or incorrect execution of the contract is attributable to the consumer, or the result of third-party conduct of an unforeseeable or unavoidable nature, or caused by unforeseen circumstances or force majeure.
19) CLAIMS AND COMPLAINTS
Any shortcomings in fulfilment of the contract shall be notified immediately by the consumer to the organizer in order to allow the latter, its local representative or the tour guide, to promptly find a solution. The consumer should, at the risk of forfeiting his/her rights, lodge any complaints by means of a registered letter with advice of receipt to be sent to the organizer by no later than ten working days after the date of return to the place of departure.
Villages and Family Parks: to benefit from the insurance cover guaranteed by Europ Assistance and included in the price of the package, the customer must fill in all the fields in the booking application whether it be a contract form in hard copy or in electronic format. For information about insurance cover click here : link http://www.ecvacanze.it/it/assicurazione/. Camping in Town: The above insurance does not cover these campsites.
21) GUARANTEE FUND
The Italian National Guarantee Fund was established by the Directorate General of the Prime Minister’s Office to assist tourists in the event of the insolvency or bankruptcy of the seller or the organizer by refunding the amounts paid and repatriating the consumer travelling abroad.
This fund also provides immediate economic aid in the event that tourists are forced to return from non-EC countries due to an emergency, irrespective of whether the same is attributable or not to the conduct of the organizer.
The methods of fund intervention were established by Prime Minister’s Decree no. 349 dated 23 July 1999.
22) AUTHORIZATION FOR TAKING PHOTOS AND VIDEOS
By signing the contract of sale, the client authorizes Elite Club Vacanze and/or third parties assigned by the same to take videos and photos at the holiday sites purely for advertising purposes, including online transmission of the same in full compliance with current privacy regulations pursuant to Legislative Decree no. 196 dated 30 June 2003, and with full recognition of the rights and powers contained therein.
The granting of the said authorization by the client shall permit Elite Club Vacanze and/or third parties authorized by the same to use the video footage or photographs for the purposes and as per the methods indicated in paragraph 1, unless otherwise requested by the client at the time the photos or videos are taken.
In the event of any disputes or controversy regarding the interpretation of the individual clauses herein, the parties shall refer to the text which has been drawn up in Italian.