GENERAL TERMS AND CONDITIONS OF SALE OF TOURIST PACKAGES
1) LEGISLATIVE SOURCES
The sale of package tours, which have as their object services to be provided in territory both domestic and foreign, is governed by Law No. 1084 of 27/12/1977 ratifying and implementing the relevant international Convention the contract signed in Brussels travel (CCV) on 23.4.1970 - as applicable - as well as from the Tourism Code of Legislative Decree n. 79 of 23 May 2011 (arts. 82-100).
The organizer and the seller of the package, the Customer or Consumer addresses, have to be authorized the execution of their activities according to the applicable administrative regulations.
For the purposes of this contract shall apply:
a) the travel organizer: the person making the combination of the elements listed in Art. 4 and agrees on its own behalf and towards flat rate fee to procure packages to third parties;
b) Seller: the person who sells or agrees to provide tourist packages under art. 4 towards a flat-rate fee;
c) Consumer of tourist packages: the buyer, the transferee of a tourist package or anyone even to be nominated, provided that all the conditions required to use the service, on whose behalf the principal contractor agrees to purchase a tourist package without remuneration.
4) THE CONCEPT OF TOURIST PACKAGES
The notion of tourist package is as follows: "The tour packages are concerned with travel, holidays and" all inclusive ", from the predetermined combination of at least two of the elements indicated below , sold or offered for sale at an inclusive price, and superior duration 24 hours or covering a period of time including at least one night:
c) tourist services not ancillary to transport or 'accommodation (omitted) ... that constitute a significant part of the "package" (art. 84 Cod. Cons.).
the consumer has the right to receive a copy of the tourist package sales contract (pursuant to art. 85 and 86 cod. Cons.), who is also the document to apply for the Fund of Guarantee which art. 20 of these Conditions of Contract.
5) COMPULSORY INFORMATION - TECHNICAL DATA
The Organizer is obliged to in the catalog or in the out of print a data sheet program. The elements that must be included in the catalog data sheet or program outside the catalog are:
• extremes of the administrative authorization or, if applicable, the DIA Organization;
• the insurance policy of civil liability;
• period of validity of the catalog or program outside the catalog or made to measure travel;
• mode and the traveler substitution (art. 89 Cod. Cons.);
• parameters and adjustment criteria of the travel price (art. 90 Cod. Cons.)
The organizer will also inform passengers about the identity of the carrier / the actual / s within the time and in the manner provided by art. 11 Reg. EC 2111/2005 and communicates as of now the exclusion of the right of withdrawal for online sales.
The reservation request must be made on a contract form, if the electronic case, completely filled in and signed by the consumer, who will receive a copy. The acceptance of the booking will be complete, resulting in the conclusion of the contract only when the organizer sends confirmation, even by telematic system, to the Consumer at the travel agency reseller. The particulars of the package not contained in the contract documents, brochures or other means of written communication will be provided by the Organizers in fulfillment of obligations provided bear art. 87 Cod. Cons. in good time before the journey.
The extent of the advance, of 25% of the price of the package, due at time of booking or on the binding application and the date by which prior to departure will be made full payment found in the catalog, brochure or anything else.
The failure to pay amounts above the established date constitutes an express termination clause such as to determine, by the intermediary agency and / or the Organizer, the right resolution.
The price of the package is determined in the contract, with reference to what is stated in the catalog or brochure program and to any change of the catalogs or programs added subsequently. It may be changed up to 20 days prior to departure and only in consequence of changes in:
• transportation costs, including fuel costs;
• rights and taxes on certain types of tourist services such as taxes, landing fees, landing or boarding at ports and airports;
• the exchange rates applied to the package in question.
For these changes we will refer to the Technical Data Sheet relating to each single trip.
9) MODIFICATION OR CANCELLATION OF THE PACKAGE BEFORE STARTING
a) Before departure, the organizer or the seller who needs to significantly change one or more elements of the contract , it will immediately notify in writing to the Consumer indicating the type of change and the change in price that goes with it.
b) If you do not accept the proposed amendment referred to in paragraph 1, the consumer may exercise the right to reacquire the amount already paid or to enjoy the offer of a package I replaced under the 2nd and 3rd paragraph of art. 8.
c) The Consumer may exercise the rights provided above also when the cancellation depends on the failure to reach the minimum number of participants described in the catalog or program outside the catalog, or in cases of force majeure and fortuitous events, related package tourism purchased.
d) For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as to those other than the non-acceptance by the consumer of the alternative tourist package offered, the Organizer that cancels (art. 33 letter. It Cod. Cons.), will return to the Consumer twice what was paid Organizer, through the travel agent
d) The refunded sum will never exceed to double the amount by which the consumer would be the same date the debtor in accordance with Art. 10, 4th paragraph if he had to cancel.
10) WITHDRAWAL OF THE CONSUMER
The consumer can withdraw from the contract without paying penalties in the following hypotheses:
a) the price increase referred to in art. 8 in excess of 10%;
b) significant modification of one or more elements of the contract objectively considered as fundamental to the fruition of the package as a whole and the proposal from 'organizer after the conclusion of the contract, but before departure and not accepted by the consumer.
in the cases mentioned above, the consumer has the right either:
1. to take advantage of an alternative tourist package, without extra cost or with the return of the overcharge, when the second package has a value lower than the first;
2. the refund of the amount already paid.
This refund must be made within 7 working days from receipt of the request for reimbursement. The consumer must communicate his decision (to accept the change or withdraw) no later than 2 working days from the moment he received the notice of increase or change. In the absence of express notice within such period, the proposal made by the organizer is considered accepted. The consumer who withdraws from the contract before the departure outside the assumptions listed in paragraph 1, will be charged - regardless of the payment referred to in Article. 7, paragraph 1 - the individual cost of share opening practice, the insurance premium and, unless otherwise specified in the presentation pages of individual travel and / or during the service confirmation, the penalties set out in the Technical Specifications.
11) CHANGES AFTER DEPARTURE
The organizer, if after the departure is unable to provide for any reason, except for circumstances depending on the consumer, an essential part of services included in the contract, will provide alternative solutions without dependents price supplements of the contractor and if the services provided are of lower value than those stipulated repay in measure covering that difference. If no alternative solution is possible, or the Organizer solution offered is refused by the consumer for serious and justified reasons, the organizer will provide at no extra cost, a means of transport equivalent to that originally planned for their return to of departure or to any other agreed place, consistent with the availability of the means and places available and will compensate for the difference between the cost of benefits provided and the services up to the moment of the early return. The Organizer shall not be liable for any failure or delay in performance of any of its contractual obligation to be caused by events beyond its reasonable control ( "Force Majeure Event").
The Consumer defeatist can 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 contextually communication regarding all of the transferee;
b) the substitute meets all the conditions for the use of the service (pursuant to art. 89 of Cod. Cons.) and particular the requirements for passports, visas, health certificates;
c) the same services or other services replacement can be provided following the substitution;
d) the transferee must reimburse any additional expenses incurred for the replacement to the extent that will be quantified before the transfer. The transferor and the transferee are jointly and severally liable for payment of the balance of the price and the amounts referred to in subparagraph d) of this Article. The additional procedures and conditions for the replacement are indicated in the data sheet.
13) OBLIGATIONS OF CONSUMERS
In the course of the negotiations and before concluding the contract, Italian citizens will be given written general information - date of the publication date of the catalog - relating to health requirements and documentation necessary for expatriation. Foreign citizens must be obtain the corresponding information through their diplomatic representatives in Italy and / or their official government information channels. In any case, consumers will provide, before departure, to verify the update with the competent authorities (for Italian citizens the local police station or the Ministry of Foreign Affairs through site or the Operational Telephonic Central to number 06491115) adapting it before the trip. In the absence of such verification, no responsibility for the failed departure of one or more consumers may be attributed to the Vendor or all' Organizer. Consumers will have to inform the Seller and the Organizer of their citizenship and, upon departure, will have to ensure definitely be in possession of vaccination certificates, individual passport and any other valid document for all the countries touched by the itinerary, as well as stay visas, transit and health certificates if required. In addition, in order to assess the health situation and the countries of destination and safety, therefore, the objective usability services purchased or to be purchased, the consumer will retrieve (making use of information sources indicated in paragraph 2) the information official general at the Ministry of Foreign Affairs that expressly indicates whether or not the targets are subject to formal discourage. Consumers will also have to follow the observance of normal prudence and diligence to those specifications in force in the countries of destination, to all information provided to them by the organizer, as well as regulations administrative or legislative provisions to relative tour package. Consumers will be liable for all damages that the organizer and / or the Seller should also suffer as a result of failure to comply with the above mentioned obligations. The consumer is required to provide to Sponsor all documents, information and evidence in its possession relevant to the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible to the organizer of the injury caused to the right of subrogation. The Consumer also communicate in writing to the Organizer at the time of booking, of any special personal requests that may be object of specific agreements on the travel arrangements, provided that it is possible to implement. The consumer is obliged to inform the Seller and the Organizer of any its requirements or conditions (pregnancy, food allergies, disabilities, etc.) And explicitly specify in writing the request for personalized services.
14) HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalog or in other informative material only on the basis of the express and formal indications of 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 EU member states where the service is provided, the Organizer reserves the right to provide in the catalog or brochure's description of the accommodation in order to allow a rating and subsequent acceptance of it by the Consumer.
15) LIABILITY REGIME
The organizer is liable for damages caused to the consumer because of the failure all or part of the contractually agreed performance, whether these be effettuate by him personally or by third party service providers, unless he proves that the event was caused by the consumer (including initiatives undertaken by the latter during the execution of tourist services) or by circumstances beyond the provision of services under the contract, fortuitous events, force majeure, or by circumstances that the organizer could not, according to professional reasonably foresee or solve. The Seller in which proceedings are already booked the tour package does not respond in any case 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 responsibility provided for by current regulations in the field.
16) LIMITS OF COMPENSATION
Compensation for damages can not in any case exceed the limits indicated in articles.94 and 95 of the Consumer Code.
17) OBLIGATION OF ASSISTANCE
The organizer is required to lend the necessary assistance to the consumer imposed by the criterion of professional diligence exclusively with reference to its obligations, by law or contract. The organizer and the seller are exonerated from their respective responsibilities (art. 15 and 16 of the General Conditions) when the failure or improper performance of the contract is imputable to the consumer or derives from the fact that a third unforeseeable or unavoidable, or on a fortuitous event or force majeure.
Any failure in the contract must be contested by the consumer without delay so that the organizer, its local representative or guide can remedy the situation promptly. Otherwise it can not be denied the breach of contract. The Consumer must - on pain of forfeiture - also make a complaint by sending a registered letter with acknowledgment of receipt, to the Organizer or the Seller no later than 10 working days from the date of return at the place of departure (under dell.art. Art.49 paragraph 1,2,3 of Tourism and relat Code. Art. 1227 CC).
Refer to the Technical Specifications to follow. If not expressly included in the price it is advisable to take out individually at the time of booking or at the Seller or the special insurance policies Organizer against expenses deriving from the package, accidents and luggage. also possible to stipulate a contract of assistance that covers repatriation expenses in case of accident or illness.
20) GUARANTEE FUND (article 50 of the Italian Code of Tourism)
Pursuant to paragraphs 2 and 3 of article 50 of Legislative Decree no. 79 of 23 May 2011 (Italian Code of Tourism) and subsequent amendments, organised tourism contracts are accompanied by suitable guarantees, which are provided by the Organiser or Intermediate Travel Agent and, for trips abroad and trips within a given country, ensure, in the event that the intermediary or organiser becomes insolvent or goes bankrupt, that the tourist is reimbursed for the amount they paid for the tour package and is returned home immediately.
The buyer of the tour package in the contract contract governed by these general terms and conditions is provided with the guarantees indicated in paragraphs 2 and 3 of article 50 of the Italian Code of Tourism when the travel agent is registered with the Travel Guarantee Fund (Fondo di Garanzia Viaggi S.r.l.) with registered office in Via Nazionale 60, Rome (www.garanziaviaggi.it).
The organiser shall provide the tourist with details of the legal entity that will provide the guarantees indicated in paragraphs 2 and 3 of article 50 of the Italian Code of Tourism on its behalf via suitable means of communication (data sheet, catalogue, bank statement, booking confirmation of tour package, etc.).
General Terms and Conditions of Sale SINGLE SERVICES.
A) REGULATORY PROVISIONS
● The contract covers the supply of the only transport, accommodation or any other separate tourist service, cannot be considered as a contractual case of organized travel or tourist package, they are governed by the following provisions CCV: art. 1, n. 3 and n. 6; Articles.17 to 23; Articles. 24 to 31, with regard to provisions other than those relating to the organization contract and other agreements concerning the sale of a single service contract.
B) CONTRACT CONDITIONS
● These contracts are also subject to the following clauses of the general conditions of contract of sale of packages above: art. 6, paragraph 1; art. 7 2nd paragraph; art. 13; art. 17; art. 19. The application of these clauses does not determine the configuration of relative contracts as tourist packages. Relative to the tourist package terminology of the mentioned clauses (Organizer, travel etc.) Is therefore understood with reference to the corresponding figures of the sale contract of single tourist services (seller, stay, etc..).
According to art. 13 of Legislative Decree no. 196/03 (personal data)
● The processing of personal data - whose contribution is necessary for the conclusion and execution of contract - was held in full compliance with Legislative Decree no. 196 / 2003 in paper and digital form. The data will be disclosed only to suppliers of services included in the tour package. The consumer may at any time exercise their rights under art. 7 Legislative Decree no. 196/03 by contacting the Head of Personal Data TaoTravel P.I 03800310983 Via Rodi, 3 - 25100 Brescia (BS); REA 564022; www.taotravel.it
GENERAL TERMS AND CONDITIONS OF SALE OF TOURIST PACKAGES ● ● Ex TECHNICAL DATA Art. 05
An integral part of the General Conditions of Participation.
The validity of the travel program, the duration and the change of reference for the purposes of any currency adjustments are specified in each individual travel proposal.
Changes in transport costs, fuel costs, rights and duties (art. 8)
● The transport costs, fuel costs, air fares, fees and taxes (such as landing, embarkation or disembarkation at ports and airports) are those in force at the time of on-line publication of each travel schedule and always mentioned in the same program.
The Organizer will not be responsible for any rejection of the amendment by the third party service providers. Such failure will be promptly notified by the organizer to the interested parties before departure and, if the latter consequently involves the withdrawal from the Contract by the Consumer, will apply the same cancellation conditions as stated below. The consumer who withdraws from the contract before the departure outside the assumptions listed in paragraph 1, will be charged - regardless of the payment referred to in Article. 7, paragraph 1 - the individual share opening practice cost, the insurance premium and, unless otherwise specified in the individual travel suggestions and / or under the service confirmation, the penalties set out below, depending on the number of days until the departure date (working days, including that of withdrawal, Saturday and Sunday, non-working) in which are given the cancellation communication.
a) 10% of the fee up to 30 days before departure;
b) 25% of the price 20 working days before departure;
c) 50% of the participation fee 15 working days before departure;
d) 75% of the price from 10 to 3 working days before departure;
and) after that date the fee will be equal to the full value of the package.
Please note: the same amounts should be paid by those who could not make the trip for lack, incompleteness and / or irregularity of personal and travel documents.
If, however, the organized groups, ad hoc trip made initiatives, corporate travel, work and not included in "programmed Group travel" and then published on our "Online Catalog" on this site, the percentages concerning the cancellation fees may be agreed from time to time the signing of the contract; Otherwise - if pejorative - will apply the contractual conditions (advances, balances, terms of bookings and contractual penalties) required by the various service providers including hotels, maritime carriers, land and Airlines.
• Please note that these conditions should apply to all packages and all of TaoTravel trip organized initiatives on their own or on behalf of third parties.
Insurance coverage for the traveling consumer
● of a package tour the consumer must ignition of a travel insurance policy to cover the package provided cancellation fees charged to the consumer by art. 10 of the General Conditions of sale of tourist packages, the costs of illness, accident, theft and damage to luggage, repatriation etc.
Excursions and optional services purchased at destination
● Any such approach is not made of air carriers is not organized by TaoTravel and therefore out of his responsibility, as for hiking and more generally the services purchased directly on-site by the consumer in the place of destination of the trip are not expressly included in the Tourist package, are considered, the effects of the responsibility of tour operators Associates, excluded from the travel contract.
TaoTravel -via rodi, 3 -BRESCIA - P.I. 03800310983
Insurance Coverage Liability with policy no. 1/75910/319/136465324
signed with Unipol Assicurzioni
Agency/Tour operator registered with the Travel Guarantee Fund (Fondo di Garanzia Viaggi S.r.l. -www.garanziaviaggi.it)
with registered office in Via Nazionale 60, Rome –
Certificate no. A/62.249/6/2017
for the purposes indicated in paragraphs 2 and 3 of article 50 of Legislative Decree no. 79/2011 and subsequent amendments.