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PACKAGE HOLIDAYS: TERMS AND
CONDITIONS
1. What a package holiday is
given that a) decree n111 issued on 17.03.95 for the
Direttiva 90/314/CE requires those selling package holidays to
possess administrative authorization (art./1 lett. ad.lgs 111/95)
and
b) the customer has the right to a
copy of the package holiday contract (art.6 d.lgs 111/95), which is
essential to apply for the indemnity fund (article 18 of this T&C)
The object of a package holiday (art.
2/1 d.lgs 111/95) is a journey, holiday and all-included services
resulting from the agreed combination of at least two of the
following, sold or offered at a flat rate price and lasting over
24hours: a)transport; b)accommodation; c)other services not related
to transport or accommodation but integral to the “package holiday”.
2. Legislation
Package holiday contracts are
regulated by law n1084 27/12/1977 and by Decree 111/95. Other
services offered are regulated by laws applying to a specific area -
for example air, road, rail and sea transport, etc.
3. Bookings
Bookings must be recorded on a
contract form, electronic if necessary, completed and signed by the
customer, who will receive a copy. Bookings are accepted and
contracts are effective when HAPPY SIBEN Agenzia Viaggi e Turismo
sends written (or e-mail)confirmation. Further information on
regulations relating to “package holidays” will be given by HAPPY
SIBEN Agenzia Viaggi e Turismo before the holiday begins.
4. Payment
On booking customers must pay a
deposit (25% of the full holiday price). All payments must be
received 30 days before departure. If booking takes place in the 30
days before departure the whole sum due must be payed on booking.
Failure to pay within the dates indicated above is an explicit
let-out clause which gives HAPPY SIBEN Agenzia Viaggi e Turismo
right of rescission of contract.
5. Prices
Prices are indicated in the contract
and refer to those indicated in the catalogue, programme or revised
editions of them. They can be changed up to 20 days before departure
and for the following causes only: increase in cost of transport
,including cost of petrol, of duties on landing, boarding and
disembarking in airports and ports, of exchange duties applicable to
package holidays. Price variations are referred to those printed in
catalogues, programmes or any revised editions of them. Variations
to the package holiday price must occur within the percentage
indicated in the price list.
6. Customer Withdrawal
The customer has the right to
withdraw, free of charges, for the following reasons: increase of
price by over 10% (see above): modification of one or two essential
contractual elements before departure that are not accepted by the
customer. Customer has the right to a)an alternative package
holiday, free of supplement and reimbursable if exceeding original
price; b)refund of sum already paid. Refund must be paid within 7
working days of claim. The customer's choice must be communicated
within 2 working days of receiving notification of change or
increased price. Failure to do so will mean acceptance of terms
offered by HAPPY SIBEN Agenzia Viaggi e Turismo. In the case of
customer's cancellation the following charges are to be calculated
on the total holiday price and deducted from the refund:
up to 30 days prior to departure 10%
of total payment due
between 29-21 days prior to departure
25% of total payment due
between 20-11 days prior to departure
50% of total payment due
between 10-3 days prior to departure
75% of total payment due
between 3-0 days prior to departure
100% of total payment due.
7 Change or Cancellation of Package
Holiday before departure
If, before the date of departure,
HAPPY SIBEN Agenzia viaggi e Turismo indicates its inability to
offer one or more services included in the package holiday and
offers an alternative solution, the customer has the right to accept
it or to a refund of the sum already paid (see article 6). Any
significant changes to the package holiday or to one of its services
must be accepted by the customer (ex art 12 d.lgs 111/95). Changes
requested by the client when bookings have already been accepted do
not oblige the agency to satisfy them if it should not prove
possible to do so. In any case for any change requested by the
client there is a fixed €15 charge. Changes to hotel board basis,
change of hotel, reduction of holiday duration , change to departure
date or to number of participants are included. Reduction of the
number of people in a group is treated as a “partial cancellation” (ex.art
6).
8. Changes after departure
If, after departure, HAPPY SIBEN
Agenzia Viaggi e Turismo is unable to offer, for any reason,
services included in the contract, alternative solutions, free of
charge and refundable if price is higher than the original, must be
offered.
9. Substitutions
A customer may be substituted by
another person provided that: a) HAPPY SIBEN Agenzia Viaggi e
Turismo is informed with a written document at least 4 days before
date of departure, b)the substituting customer complies with all the
conditions set out in the contract and c)the substituting customer
refunds HAPPY SIBEN Agenzia Viaggi e Turismo all substitution costs.
If a third party should not accept substitution, even though it has
taken place within times indicated in a), HAPPY SIBEN Agenzia Viaggi
e Turismo has no responsibility but will inform those involved
before date of departure.
Customer Obligations
Customers must have proof of identity
valid for travel, visas and medical certificates if required. They
must observe good conduct rules and laws of the country of
destination, all indications given by HAPPY SIBEN Agenzia Viaggi e
Turismo and all conditions included in the “package holiday”contract.
All customers are liable for damage
HAPPY SIBEN Agenzia Viaggi e Turismo may suffer as a result of their
transgressing any of the above obligations. In this case customers
must provide HAPPY SIBEN Agenzia Viaggi e Turismo with all documents
and information necessary to exercise right to subrogation against
those causing the damage and are responsible for any prejudice of
it.
On booking, customers must write to
HAPPY SIBEN Agenzia Viaggi e Turismo to inform it about any personal
requests which may give rise to specific agreements whenever
possible.
11. Hotel Rating
Hotel rating is indicated in
catalogues and is based on information given by local authorities.
12. Liability
HAPPY SIBEN Agenzia Viaggi e Turismo
is liable for damage caused to customers by total or partial failure
to comply to contractual obligations, unless it is proved that such
failure was caused by the customer or by external factors which
HAPPY SIBEN Agenzia Viaggi e Turismo could not reasonably have
foreseen or solved.
13. Assistance
HAPPY SIBEN Agenzia Viaggi e Turismo
is obliged to assist its customers exclusively within the limits
indicated by law or contract. HAPPY SIBEN Agenzia Viaggi e Turismo
is exempt from liability (art.12) when failure to comply to
contractual obligations is caused by the customer or external
factors which could not have been foreseen or solved.
14. Claims and Complaints
Customers must notify any fault or
failure in order to enable HAPPY SIBEN Agenzia Viaggi e Turismo, its
local representative or the tour leader to solve the problem
immediately. Customers can make an official complaint by writing to
HAPPY SIBEN Agenzia Viaggi e Turismo within 10 working days of
return date through local agency. The letter must be sent via
certified mail with advice of delivery.
15. Insurance
HAPPY SIBEN Agenzia Viaggi e Turismo
of the Province of Vicenza as Organizer and in compliance to art 20,
Dlg 17/03/95, stipulated insurance policy n 107, 714336.68 with La
Fondiaria (from 10/09/03) for civil liability in cases indicated in
law n 1084 of 27/12/77 regarding agreement mentioned in art.1 of
these Terms and Conditions.
16. Cancellation Insurance
It is possible and advisable to
stipulate a special insurance policy for cancellation charges and
injuries. These are not included in the package price and have to be
stipulated, on booking, in the offices of HAPPY SIBEN Agenzia Viaggi
e Turismo. Insurance for loss of property, stolen property and
damage to luggage is also available.
17. Indemnity Fund
In case of insolvency or declared
bankruptcy by HAPPY SIBEN Agenzia Viaggi e Turismo, customers can
refer to the National Indemnity Fund established at the Direzione
Generale per il Turismo del Ministero delle Attivita' Produttive
(Ministry of Trade) for be obtain a refund of sum already paid.
Indemnity Fund intervention has been regulated by the “decreto del
Presidente del Consiglio dei Ministri” of 23/07/99 (G.U. n.249 of
12/10/1999 in compliance with art.21 n.5 D.lgs. n.111/95).
TERMS AND CONDITIONS FOR THE SALE OF
SINGLE SERVICES
A) Legislation
Contracts dealing with any single
service which cannot be taken to be a contractual case in point of a
“package holiday” are regulated by the following CCV legislation:
art.1, n.3 and n.6, art. 17-23; art.24-31 in cases not indicated in
the organization contract and other agreements in relation to the
sale of the single service which is the object of the contract.
B) CONTRACT CONDITIONS
The following clauses from the
“Package Holiday Terms and Conditions” can be applied to these
contracts: art.4 point 1, art.5, art.6, art 7, art.8, art.9, art.10
point 1, art.11, art.15, art.17. Application of these clauses does
not give these contrast status of “package holidays”. Words used in
the clauses referring to specific figures within the package holiday
contract (organizer, journey etc.) are here to be interpreted as
referring to the corresponding figures within the single service
offered.
This catalogue is valid from
04/12/2006
to 11/04/2007.
Italian law punishes with a prison sentence crimes related to child
prostitution and pornography. Respect for children's' rights is
unlimited. Privacy. All personal data will be dealt with in
compliance to law 675/1996. Treatment of personal data is to be
related only to the services included in the package holiday. In any
case personal information will not be passed on to a third party and
can be deleted at any time on customers' request.
Programmes completed in compliance to
L.R. 33 11/2002 Regione Veneto, and submitted to the Provincial
Administration of Vicenza
of 02/08/2006.
Technical organization by HAPPY SIBEN
Agenzia Viaggi e Turismo T.O., Asiago, authorized by the Provincial
Administration of Vicenza n.19348
04/04/06. |
