Conditions for package tours
GENERAL CONDITIONS FOR PACKAGE TOURS CONTRACT SALES
Article 1 – LEGISLATIVE SOURCES
The buying and selling of travel packages, regarding facilities to provide both within national territory and abroad, are governed by law n° 1084 of 27/12/1977, ratifying and executing the International Convention concerning Travel Contracts (CCV), signed in Brussels on the 23/4/1970, applicable also by the Cod. Consumo (Consume Code).
Article 2 – RESERVES AND PAYMENTS
The booking must be drawn up on the provided contract form. In case of electronic format, the form must be fully completed and signed up by the client, who will receive a copy of it. The booking will be intended as accepted and the contract agreement will be reached only when the Organizer will send the relative confirmation, also by e-mail, to the client at the selling Travel Agency.
All the information concerning the travel package that is not contained in the contract documents, brochures and other written means of communications, will be provided by the Organizer before the starting date of the tour, as written in the article 87, paragraph 2, Cod. Consumo.
Article 3 – CUSTOMER'S WITHDRAWAL
The customer may withdraw from the contract, without paying a penalty, in the following cases:
- price increase (see art. 6) of more than 10%;
- significant modification of one or more contract elements, objectively defined as fundamental to the fruition of the whole travel package, in case these modifications are suggested by the organizer after the conclusion of the contract before client's departure and rejected by the User.
In cases like the ones listed above, the User has alternatively right to:
- make use of an alternative travel package, without surcharges or with the refund of the excess sum in case the cost of the second package is inferior to the first one;
- the refund of the fees paid so far, that must be executed within seven workdays from the receipt of the refund request.
The User will have to communicate his own decision (accepting or rejecting the above-mentioned modifications) within two workdays from the receipt of increase or modification notice.
In case there is no communication within that deadline, the Organizer's suggestion is intended to be accepted
Except for the cases listed above, in the case of traveler's withdrawal, the following fines will be applied:
- 25% of the total cost of the trip if the withdrawal is requested to ASIARCA T.O. 40 days before the departure date;
- 50% of the total cost of the trip if the withdrawal is requested to ASIARCA T.O. 30 days before the departure date;
- 75% of the total cost of the trip if the withdrawal is requested to ASIARCA T.O. 5 days before the departure date;
- 100% of the total cost of the trip if the withdrawal is requested to ASIARCA T.O. less than 5 days before the departure date.
Article 4 – CLAIMS AND COMPLAINTS
Any failure in the fulfillment of the contract shall be immediately notified by the User, in order to enable the Organizer to correct the situation. Any complaint has to be filed by the User and notified to the Organizer or Seller by means of recorded delivery letter with advice of delivery within ten workdays from the date of return to the tour starting place.
Article 5 – RESPONSABILITIES
The organizer is liable for damages caused to the User in case of total or partial non-fulfillment of the services settled by the contract, in case these are performed by himself or by other service suppliers, unless he is able to prove that the event is due to the consumer's behavior (including independent initiatives taken by the traveler during the holiday), to circumstances extraneous to the supply of the services prescribed in the contract, to fortuitous case, adverse weather conditions, circumstances beyond the Organizer's control or that the same Organizer could not reasonably foresee nor solve.
The Seller who dealt with the client's reservation is not liable under any circumstances for the duties originated by the organization of the tour; he is indeed responsible only for the duties originated by his function of intermediary and, in any case, within the bounds of the norms concerning such responsibility.
Article 6 – CUSTOMER DUTIES
Customers who are traveling with ASIARCA VIAGENS must have a valid passport of at least 6 months from the date of departure. They also must be aware of the rules and regulations that will be informed with the travel data. In the absence of such rules, no responsibility for the lack of one or more travelers can be imputed to ASIARCA VIAGENS TOUR OPERATOR.
Article 7 – BAGGAGE POLICY
ASIARCA VIAGENS TOUR OPERATOR is in no case responsible for any loss or damage suffered by the customers in their luggage. The luggage is the customer's responsibility.
Article 8 – PRICES
The published prices are inclusive of VAT (service charge). In case of VAT increase, prices will be adequate.
Article 9 – COMPETENT FORUM
Both parties agree that the law applicable to the contract established between Asiarca Tour Italia and the client is exclusively the Italian Law. The competent forum is individualized in the Court of Tivoli (Rome, Italy), as the place where the contract must be followed and as the place where the Tour Operator is located.