G.LOCAL TOUR OPERATOR SRLS
P.TTA LUCIO BATTISTI 5 - 73100 LECCE (LE)
This contract is composed by General conditions, the description of the touristic package in the catalogue, or in a separate travel program, and the booking confirmation of services requested by tourist/traveller. The booking confirmation is sand from Tour operator to the Agency on behalf of the tourist who has the right to receive it from the agency. When the tourist/traveller signs the proposal for the sale of the touristic package, tourist/traveller has to know that everything in the contract is intended as read and accepted, even for people for who are requested services, the travel contract, warnings set in and these general conditions.
The sale of touristic package, regarding services in Italy and abroad, is regulated by L. 27/12/1977 n° 1084 of ratification and execution of International Convention on Travel Contracts (CCV) – where applicable – and from Code of Tourism (art. 32-51) and amendments and from articles of Civil code on transportation and mandate - where applicable.
The organizer and the intermediary of the touristic package, to who the tourist asks, must be authorized to their activities in compliance with actual national and regional legislation, in accordance with the specific competence. The organizer and the intermediary communicate, before the conclusion of the contract, the number of the insurance for professional civil liability and the number of other insurances for travellers (events that could interfere with the holiday, as the cancellation, medical expenses, early return, loss or damaged luggage) and the number of insurance for insolvency and bankruptcy of the organiser or the intermediary, for the restitution of amounts to the tourist and the early return at the departure point. Ex art. 18 §4 Code of Tourism, the utilization of “travel agency”, “tourist agency”, “tour opetaror” ,”travel intermediary ” or other expressions, even in a different language, tat can be used just from the enterprises at the §1.
Regarding this contract: a) travel organizer: who undertakes is own name and for a flat-rate remuneration to provide touristic packages, combining elements at §4 or offering to the tourist, even through a distance communication, the possibility of realizing autonomously and buying that combination; b) intermediary: who, even not professionally and not-profit, sells or provides provide touristic packages, realized ex §4, for a flat-rate remuneration; c) tourist: the buyer, the transferee of a touristic package or other person nominee, who satisfies all conditions required for the enjoyment of the service, on the behalf of the principal contractor undertakes to buy, without remuneration, a touristic package.
The definition of touristic package is: “Touristic packages include travels, holidays, all inclusive circuit, touristic cruises, emerging from the combination, realized from anyone in anyway, of at least of two of the following elements, bought or offered for a flat rate: a) transport; b) accommodation; c) touristic service not ancillary to transport or accommodation ex art. 36 that represents for the satisfaction of the customer, a significant part of the touristic package (art. 34 Code of Tourism). Tourist has the right to receive a copy of the sale’s touristic package contract (realized ex art. 35 Code of Tourism) . the contract entitled to access to “Fondo di Garanzia” ex art. 21.
1 Before the beginning of the travel, the organizer and the intermediary communicate to the tourist the following information: a) timesheet, stop-location and connections b) information about the flight, where is not known at the booking moment, ex art 11 Reg. Ce 2111/2005 (Where the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that is or are likely to act as operating air carrier or carriers on the flight or flights concerned. In such case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as such identity is established.) 2. The organizer prepares in and out of the catalogue – even on electronic or digital way – a technical sheet. In the sheet there are technical information regarding the laws that the tour operator has to follow, for example: - n° of administrative authorization or “S.C.I.A.” of the organizer - warranties for travellers ex art.50 Code of Tourism - n° of the insurances for civil liability - contract period of in and out of catalogue program - parameters and criteria of the modification of the price
The buyout proposal of the touristic package will be written on a specific contractual sheet, even electronic, fulfilled in every part and signed from the customer, who will receive a copy. The acceptance of the buyout proposal of the touristic package is ready, with the consequent conclusion of the contract, just when the organizer will send the confirmation, even in a digital way, to the tourist in the travel agency, who will give it to the tourist. The information that are not in the contract, in the brochure or in different means of written communication, will be provided by the organizer , ex art. 37 Code of Tourism, before the beginning of the travel. Specific requests regarding services’ s way of execution, including special transportation facilities in the airport for people with handicap, special meals during the flight or the stay, must be addressed during the reservation and need a specific agreement between Tourist and Organizer, through the travel agency. Ex art. 32 §2 Code of Tourism, in contract on distance and out of business premises (as defined from article 45 d.lgs 206/2005), is excluded the withdrawal ex art. 47 §1 lett. g.
1. When the buyout’s proposal is signed, is necessary to pay: a) initiation fee or management fee (art.8) b) down payment of maximum 25% of the touristic package published in the catalogue or in the listing of the package provided by the Organiser. This amount is paid as security deposit and as advanced payment. During the period of validity of the proposal and before the confirmation of the reservation that constitutes conclusion of the contract, the effects ex art. 1385 civil code do not operate if the withdrawal depends on a significant event to have occur and not responsible . The balance shall be paid, without delay, within the time limit set by the Tour Operator in the catalogue or in the confirmation of reservation or the service/package required; 2.For the reservation done after the time limit of the balance, the entire payment shall be done at the signature of the buyout’s proposal; 3 The non-payment of the amounts above, in the time limits, as the non-payment to the Tour Operator of the amounts given from the Tourist to the Intermediary – without prejudice to actions ex art. 50 D.lgs. 79/2011, constitutes express termination clause that operates just with the written communication, fax, e-mail to the Intermediary or his digital address or to the Tourist. The price’s balance operates when the amounts are received by the Organiser directly from the tourist or the intermediary chosen by the tourist.
The touristic package’s price is determined in the contract, referring to the price in or out the catalogue and their updates, even in the web site of the operator. The price could be changed just in case of modifications of: - transport’s cost, included fuel’s cost - duties and taxes related to the flight’s transportation, to the landing rights, embarkation and disembarkation in ports and airports; - exchange rate applied to that package. For that variations, it will be referred to the exchange rate and prices at the moment of the publication of the contract, as in the technical sheet of the catalogue or on the date contained in the update on the web site. In any case the price cannot be increate 20 days before the departure and the review cannot be higher than 10% of the original price. The price is formed by: a) initiation fee or management fee; b) participation fee: it is contained expressly in the catalogue and in the quotation of the package provided to the intermediary or the tourist; c) cost of insurances against cancellation and/or sanitary expenses or other services requested; d) cost of visa and entrance and exit taxes from Countries that are the destination of the holiday; e) duties and taxes of airports/ports
1. Before the departure, the Organiser who has to change significantly one or more elements of the contract, notifies to the tourist, immediately and in written way, directly or through his intermediary, indicating the type of modification and the consequent price’s variation. 2. When the tourist do not accept the modification proposal ex §1, he could withdraw without penalty and he has the right to enjoy another touristic package - if the Tour Operator can offer it - or the legally reimbursement the amount already given, included the management fee. 3. The Tourist communicate his/her choice to the Organiser or to the Intermediary in two working days from when he received the communication ex §.1. When there is no communication in that time, the proposal of the organiser is considered accepted. 4. If the Organiser cancel the touristic package before the departure for any reasons, expect the responsibility of the traveller, he will legally reimburse the amount paid for the purchasing of the touristic package and the tourist has the right to an indemnity for the non execution of the contract, except in the following cases. 5. There is no compensation from the cancellation of the touristic package, if the cancellation depends from the lack of the minimum number of participants eventually required, or for force majeur or unforeseeable circumstances. 6.For the cancellation different from force majeur or unforeseeable circumstances or lack of the minimum number of participants and events different from the non-acceptance from the tourist of the alternative touristic package, the organiser will reimburse an amount that is double of what he received from the travel agency. 7. The amount given back will never be higher than the double of the amount that the tourist would be debtor ex art. 10 §2( in the case that the tourist asks the cancellation).
1.The tourist can withdraw from the contract without penalty in the following cases: - increase of the price higher than 10% - significantly modification of one or more than one elements of the contract that can be considered as fundamental for the enjoyment of the touristic package, proposed from the organiser after the conclusion of the contract and before the departure, not accepted by the tourist. In the cases above the tourist has the right alternatively: - to enjoy an alternative touristic package, of the same or higher quality, when the organiser can offer it. If the all inclusive service is of a worst quality, the organiser has to reimburse the major price paid. - to the legally restitution of the amount already paid. 2. The tourist who withdraws before the departure and in different cases of that described in the §1, or in art. 9§2, will be charged - independently from the payment of the down payment ex art. 7§1 - the individual cost of the management, the penalty as indicated in or out the catalogue for tailored-made solutions, compensation for insurances already requested at the conclusion of the contract or for different services. 3. In case of organised group, that amount will be decided from time to time at the signature of the contract. 4. Travels with special condition’s flights are not included. In these cases, cancellation penalty are much more restrictive.
The organizer, if after the departure is not possible to provide – for any raison except the behaviour of the tourist – an essential part of contractual services, will organize adequate alternative solutions for the continuity of the travel without any type of charges for the Tourist or will reimburse for the difference between the cost of services scheduled and the services executed at the moment of the early return. Where no alternative is possible or the Tourist refuse the alternative organization for evidenced and justified reasons, the organiser will provide , without charges, a mean of transport equivalent to the one chosen in the original contract to go back to the departure point or in a different place chosen, compatible with the availability of means and places, and will reimburse for the difference between the cost of services scheduled and the services executed at the moment of the early return.
12.1 Tourist can ask his substitution with other person if: a) the organiser is informed, in written way, unless 4 working days before the departure date, receiving at the same moment, communication about the reasons of substitutions and the identity of the transferee; b) the transferee satisfies all conditions for the service (ex art. 39 Code of Tourism) and, in particular, requirements connected to the passport, visa and sanitary certifications; c) the same services and other services in substitution can be provided after the substitution; d) the substitute reimburses to the organiser all additional expenses done for the substitution, in the amount quantified before the transfer. The transferor and the transferee are jointly liable for the payment of the balance due and other amounts at letter d) of this article. 12.2 In any case, the Tourist who asks the modification of an element of a confirmed portfolio - if the modification is not a contractual novation and it is possible - will give to the Tour operator a flat rate cost and the expenses for the modification.
1. During negotiations and before the conclusion of the contract, Italian citizens receive in written form, general information – updated at the printing date of the catalogue – concerning sanitary obligations and papers to leave. 2. For laws about expatriation regarding children please refer to the web site of “Polizia di Stato”. Anyway children shall have a valid document for expatriation or a passport and for EU area even an identity card for expatriation. As far as the expatriation of children under the age of 14 and the expatriation of children that need Court’s Authorization are concerned, please follow prescriptions on the web site of “Polizia di Stato” http://www.poliziadistato.it/articolo/191/. 3.Citizens from abroad must look for the same information through diplomatic representations in Italy and/or other official governmental sources. In any case Tourist shall verify any update, before the departure, (for Italians, in local “Questura”, “Ministero degli Affari Esteri” through the webite www.viaggiaresicuri.it or “Centrale Operativa Telefonica” at phone number 06.491115) and shall comply with it. In case of lack of this checks, no responsibility for the impossibility of departure of one or more tourists is on the intermediary or the organiser. 4. Tourist shall inform the intermediary and the organiser of the own citizenship at the moment of reservation of the touristic package/service and, at the moment of the departure, shall verify to have vaccination certificate, individual passport and any other valid document for all Countries in the itinerary, visa-stay, transit visa and sanitary certifications eventually required. 5. In addition, for the evaluation of the social-political and sanitary safety and for any other useful information regarding destination’s Counties – included the possibility of enjoyment of services purchased or to be purchased – Tourist has to check general info of Ministero Affari Esteri on www.viaggiaresicuri.it. Information above are not included in the tour operator catalogue – paper and digital- because they contain general and descriptive info as indicated in art. 38 Code of Tourism and not info that change time by time. That info shall be reached from Tourists. 6.When at the reservation date the destination would be considered from institutional sources non advisable for security reasons and the traveller, who later on would decide to withdraw, could not ask the activation of the contractual clause regarding the safety (to obtain exclusion o reduction of indemnity for the withdrawal). 7. Tourists shall act with prudence and diligence and following rules of the destination’s country, info provided from organizer, regulations, administrative and legislative provisions regarding the touristic package. Tourist will be responsible of all damages that the organizer and the intermediary should occur for the not-fulfilment of obligations above, included all expenses for repatriation. 8. The tourist shall provide to the organizer all documents, info and useful elements to subrogate versus third parties who are responsible of the damage; tourist is responsible towards the organiser of the prejudice to his right to subrogate. 9. The tourist will communicate – in written form- to the organiser – at the proposal of the touristic package’s sale and so before the reservation’s confirmation of services from the organiser, particular personal requests that could form object of specific agreement regarding travel arrangements, where it is possible to execute.
The official classification of hotels is in the catalogue or in other informative material, following the indications of the country’s Authorities where the services is executed. Where there are not any classifications, recognized from a EU Authorities, in the country of execution for that service, or in the case of “Touristic Village” where the organiser provides a description in the catalogue or the brochure, that allows the tourist to accept it.
The organiser is responsible of damages to the Tourist for the not- fulfilment of the contract, both if the performance is executed personally from the organiser or from service provider, unless he can prove that the event derives from the behaviour of the Tourist (included behaviours taken its own independent ) or that the event derives from a fact of third party, unforeseeable or unavoidable, from circumstances external to the contract, force majeure, or circumstances that the organiser could not foresee or solve. The intermediary, where the reservation of touristic package is done, is not responsible of obligations regarding the organization and execution of the travel; the intermediary is responsible just of the obligations regarding himself, under the provisions and limitations of laws, ex art. 50 and 46 Code of Tourism.
The reimbursement ex art. 44, 45 and 47 Code of Tourisms and connected period of limitation are regulated in that articles, in the C.C.V., in the International Conventions regarding touristic packages and in articles 1783 and 1784 of Civil code, except for damages to the persons that fall outside that limits.
The Organiser give any useful remedy to help the tourist in trouble, using the professional diligence for his obligation in the contract, without prejudice to the right to reimbursement for not fulfilment imputable. The organiser and the intermediary are not responsible (ex art. 15 e 16), when the non-fulfilment is imputable to the tourist or it depends by third parties for unforeseeable circumstances of force majeur.
Every lack in the execution of the contract shall be contested by the Tourist during the enjoyment of the touristic package so the organiser, his local representative or the date could immediately solve it. Otherwise, the reimbursement will be reduced or excluded ex art. 1227 of Civil code. Under the obligation above, Tourist can complain sending a registered letter with acknowledgment of receipt to the organiser or the seller, at the latest by ten working days from the repatriation in the departure point.
Where is not included in the price an insurance for expenses related to cancellation, accidents and diseases, included expenses for repatriation and loss and luggage’s damage, it is possible and advisable to sign it. The rights deriving from insurance’s contracts shall be exercised from Tourist directly to the Insurance company, on terms and conditions in the contract, as shown in the insurance’s contract on catalogues and brochure, that are on consultation at the departure.
Ex art. 67 Code of Tourism, the organiser could propose to the tourist- on the catalogue, on documentations, on the web site or in different manners, alternative dispute resolutions. In that case the organiser will indicate the type of alternative resolution and the effects of that choice.
Contracts of organized tourism have special guarantees from the Organiser and the Agent intermediary , who for travels abroad and for that one in a single Country guarantee, in case of insolvency or bankruptcy of intermediary or of the organiser, the reimbursement of the price for the purchase of the price of the touristic package and the immediate repatriation. The identification data that, on behalf of Organiser, is due to the guarantee, are indicated in the catalogue and/or in the web site of tour operator; they could be indicated in the reservation’s confirmation of services required by tourist/traveller.
Due to the fact that catalogues are published with a wide advance with information for the enjoyment of the service, the flight’ s schedule in the acceptance of the sale’s proposal could change because of a next validation. For this raison, tourist/traveller shall ask service’s confirmation to the Agency before the departure. The organiser will communicate to passengers the name of the flight’s company at the place and in the manner described by art. 11 Reg. CE 2111/2005.
Contracts for the sole service of transport, sole accommodation or every separate touristic service , due to the fact that it is not a travel organization or a touristic package, is regulated by CVV art. 1, n. 3 e n. 6; artt. da 17 a 23; artt. from 24 to 31(excluding parts referring to organization contract) and by provision for the single service. The seller who shall provide a single service, even in a digital way, must release to the tourist service’s documents with the amount of payment of this service and he/she cannot be considered as a travel organizer.
The following clauses of the general condition for sale of touristic package are applicable: art.6 c.1,art.7 c.2, art.13, art. 18. The application of these clauses do not configure, in any way, that services as touristic package. The terminology of the touristic package’s clauses (organizer, travel, etc..) is referred to the corresponding ones of the single service contract (seller, stay..). The processing of personal data, that are necessary for the conclusion and the execution of the contract, is compliant with DLGS 196/2003 and subsequent amendments, in digital and paper form. The customer will exercise rights ex art. 7 DLGS 196/2003 contacting the Controller: GLOCAL s.r.l.s., Lecce, Piazzetta Lucio Battisti 5, 73100, Lecce, firstname.lastname@example.org
Vincitore PIN – Iniziativa promossa dalle Politiche Giovanili della Regione Puglia e ARTI e finanziata con risorse del FSE – PO Puglia 2014/2020 Azione 8.4 e del Fondo per lo Sviluppo e la Coesione