The trips are products available on demirviaggi.com .DEMIR TRAVEL holder of a license A/ ill n.730 / S9 Tur. issued by the Region of Sicily and are covered for liability to customers in accordance with applicable law, by insurance taken with General Insurance No. policy 3416120661.
1) Definition of Touristic Package
Under Art 2 n. 1 of DL 111 of 17 March 1995 implementing Directive 90/314 EEC, tourist packages are subject to travel, package holidays and package tours resulting from the combination of at least two of the items listed below, sold or offered for sale at an inclusive price, and lasting more than 24 hours, or extenders for a period of time including at least one night, a) transport, b) accommodation; c) tourist services not ancillary to transport or accommodation (omitted), which constitute a significant part of the touristic package.
2) Travel Contract
The travel contracts under this program are regulated by the following provisions and the DL No. 111 of 17 March 1995, the EEC Directive 314/90, the relevant international conventions, in particular the Brussels Convention of April 23, 1970 implemented by Law No. 1084 of December 29, 1997, the Warsaw Convention of 12 October 1929 on international aviation implemented by Law No. 41 of May 19, 1932, the Berne Convention on February 25, 1961 on rail transport implemented by Law No. 806 of March 2, 1963, as applicable to the services covered by the package, as well as the forecasts of the Civil Code and other provisions of domestic law because it does not derogate from the provisions of this contract.
The reservations must be made on the appropriate form completed in full and signed by the customer. Acceptance of bookings is subject to availability of places and it is concluded with the subsequent conclusion of the contract only upon written confirmation by Demir Viaggi. The Travel agency seller, in possession of a valid license shall be issued to the Customer, According to Art. 6 of D.L. n ° 111/95, copy of the contract only if already in possession of the confirmation referred to in paragraph. the information regarding the package that are not contained in the contract documents brochures or other media, will be provided by Demir Travel in time before beginning of the trip.
At the time of the reservation must be made payment of 30% of the price and the portion of practice open. The balance must be paid 30 days before departure. For bookings made within 30 days prior to the date of departure must be paid the full amount at the time of booking. Failure to make payments above the established dates, means that the contract is terminated, as subject to compensation for further damages by the operator.
5) Validity of price and changes to the Tourist Package
The prices quoted in the contract may be modified up to 20 days prior to the date of departure and only for this changes:
- Transportation costs, including the cost of fuel;
- Dues, taxes on certain types of tourist services such as taxes, landing fees, landing or embarking at ports and airports;
- The exchange rates applied to the package in question.
For these variations reference will be made to the exchange rate specified in the data and the cost of services in force on the date of publication of the program. If prior to the departure, the organizer is forced to alter significantly an essential element of the contract, including the price, he shall promptly notify the consumer.
To this end, we consider a significant change in price more than 10% of that, or any variation of elements as fundamental of the package.
The consumer that receives a notice or alter an essential element of the price more above 10% will have the right to cancel the contract without paying anything, or to accept the change, which will become part of the contract with the precise identification of the changes and the impact the same price. The consumer must communicate his decision to the organizer or seller within two working days otherwise the change will be considered accepted. The organizer, if after the departure can not provide an essential part of the services included in the contract will provide alternative solutions, without additional cost to the consumer, and if the services provided are of lower value than what you expected, compensate extent equal to this difference.
If it is not possible to make such arrangements, or the solution offered by the organizer, is refused by the consumer for serious and justified and substantiated reasons, the organizer will provide at no extra cost, a vehicle equivalent to that originally expected to return or at any other agreed place only if that solution is objectively necessary.
The consumer changes is require to the organizer only if and to the limit that they can be meet.
In any case, the change request will be charged to the consumer of higher costs incurred.
6) Revocation of the Consumer
The consumer may cancel the contract without paying anything only when the change is communicated to an essential element in accordance with the preceding article. In which case, when exercising the revocation, he has an alternative, to take a substitute package or to be refunded part of the money already paid at the time of revocation.
The package that the consumer chooses to use must be for an amount not less than that originally intended. If the organizer or seller are not able to offer a package of equivalent or higher, the consumer is entitled to a refund of the difference.
The consumer who recede from the contract for different referred to in the preceding paragraphs of this Article shall be entitled to a refund of the amount paid at the registration and the penalty set out below, in addition to the fees and expenses to be incurred by the cancellation of services:
- 10% of the price up to 30 days before the departure date of the trip;
- 25% of the participation fee from 29 days to 15 days before the departure date of the trip
- 50% of the shareholding from 14 to 8 days prior to the date of departure;
- 75% of the fee from the 7th day on the 4th day before the date of departure;
- 100% of the fee from the 3rd day of the date of departure of the trip.
No refunds will be granted to those who are not present at the start or cancel during the course of the trip. No reimbursement will be up to those who could not make the trip due to lack or inaccuracy of personal documents for travel abroad. In the case of organized groups sums above will be agreed from time to time of the contract signed. These penalties are necessarily applied by the Operator because he has expressed various service providers that involving significant economic losses in the event of cancellation, even partial, of the number of participants.
The customer may be replaced by another person if:
- The operator has been informed in writing within 4 working days before the date of departure and receiving information about the identity of the licensee;
- Does not contravene any reason relating to passports, visas, health certificates, hotel accommodation, transport services or such as to render impossible the use of the package by someone other than the withdrawing customer;
- The transferee must reimburse the all expenses incurred for the replacement to the extent that will be quantified at the time of communication of the assignment.
For travel in Italy withdrawing customer shall in any case only pay the registration fee. For travel abroad variation applications will be accepted, as long as possible and in any event by re-confirmed by the service provider, even after payment of the costs of change to be agreed at the time of the change. It will also be jointly and severally liable with the transferee for the payment of the balance due, as well as the amounts referred to in subparagraph C of this Article.
Demir Travel will not be responsible for any failure to accept the new name by third-party service providers.
8) Failure of travel
The consumer may exercise the rights provided by withdrawal of the consumer, even if the organizer prior to departure for any reason, except for a fact the consumer, communicating the inability to perform the services covered by the package.
The organizer may cancel the contract if it does not reach the minimum number of participants and if this is brought to their notice at least 14 days prior to the date of travel services.
In this case, as well as in the event of termination referred to in Article Withdrawal of the consumer, the organizer will be required to repayment of the sums received within 7 days from the time of withdrawal or cancellation, excluding any additional outlay.
9) Obligation of Participants
Participants must have individual passport or other valid document for all the countries to be visited, as well as residence visas and transit and health certificates that may be required.
They must also follow the rules of prudence and diligence, all information provided by the organizer, as well as regulations and administrative or legislative provisions relating to the package.
Participants will be liable for all damages that the organizer may suffer as a result of their incapacity to over obligations.
The consumer must provide the organizer with all the documents, information and other elements of the right of subrogation against third parties responsible for the damage and is responsible to the organizer of the interference with the right of subrogation.
The consumer shall inform the organizer in writing at the time of booking those special requests that will eventually be the subject of specific agreements on travel arrangements, provided that it is possible to implement.
10) Responsibilities of the Organizer
The organizer is liable for damages caused to the consumer due to total or partial performance of the contract by him or by third party service providers, unless he proves that the event was caused by the customer (including initiatives taken independently by the latter during the tourist services) or by third party unconnected with the provision of services under the contract, by accident by force majeure or circumstances that the organizer could not, professional diligence reasonably foresee or forestall.
11) Limits of Compensation
The compensation payable by the organizer shall not in any case exceed the compensation for damages provided for in international conventions in relation to benefits whose non-fulfillment caused the liability is in contract or in tort: namely the Warsaw Convention of 1929 on Air Transport international AIA as amended in 1955, the Berne Convention (CIV) on railway transport; the Paris Convention of 1962 on the responsibility of the hotel in the text of Articles 1783 and following the Civil Code; the Brussels Convention of 1970 (CVV) on the responsibility of the organizer. In any case the indemnity for damages other than personal injury may not exceed the amount "5000 Germinal gold francs for any other damage," article 13 2 CCV. If the original text of the above conventions should be subject to amendments, or new international conventions concerning the services covered by the "tourist package" would come into force will apply compensation limits provided by the sources of law and uniform force at the time of occurrence of the damaging...
12) Duty of Care
The organizer is required to provide the assistance to the customer, on the professional standard of care only in respect of obligations at its expense required by law or contract. The organizer is not liable to the consumer for non-performance by the seller of the obligations of the latter.
The consumer, on pain of forfeiture, must report in writing, in the form of a complaint, the organizer of the differences and defects of the "package tour" as well as the failures in its organization or realization, upon the occurrence of the same or if not immediately recognizable within 10 days from the date of the expected return to the place of beginning.
If complaints are present at the place of execution of the tourist, the organizer must provide the consumer with the required assistance from the previous article in order to seek a speedy and fair solution.
Similarly, the organizer will be required even in the event of a complaint at the end of the service guarantee in any case a prompt response to the demands of the consumer.
14) Insurance against the cost of cancellation and return policy
If not expressly included in the price, prior to departure is possible, and advisable, to enter into the offices of the organizer or a special insurance policy against the costs deriving from the 'package', accident and baggage as well as enter into a contract assistance to cover the costs of repatriation in case of accident or illness.
15) Guarantee Fund
At the Presidency of the Council of Ministers was set up a "guarantee fund" where the consumer can turn to, pursuant to art. 21 D. L. 111/95, in the event of insolvency or bankruptcy of vendors or operators, for the protection of the following: refund of the price paid; repatriation in the case of travel abroad. The fund must also ensure immediate availability of funds in the event of forced return of tourists from non-EU countries on the occasion of whether or not due to the organizer. The mode of operation of the fund are governed by Decree of the President of the Council of Ministers pursuant to art. 21 Decree Law # 5 111/95.
ADDENDUM Sales Terms and Conditions accommodation services:
A) Legislative measures
The contracts for the supply of the only transport, accommodation or any other separate tourist service can not be configured as case organization of a trip or tourist package, are governed by the CCV Article 1, no. 3 and n. 6; Art. 17 to 23; Article 24 to 31, with regard to provisions other than those relating to the organization contracts and other agreements concerning the sale of the single service in the contract.
B) Conditions of Contract:
These contracts are subject to the following clauses of the general conditions of contract for the sale of "packages" above: art. 3 1 commma; Art. 4; Art. 7; Art. 9, paragraph 1; Art. 10; Art. 13, paragraph 1; Article 14.
The application of these clauses does not determine the configuration of the contracts such as travel or stay organized or package.
The terminology used in said clauses regarding contract for tourist package (organizer, travel, etc.) can be understood with reference to the corresponding figures of the contract of sale of individual tourist services (seller, stay, etc.).
C) Withdrawal of the Consumer
The consumer who withdraws from the contract for any reason as long as no fault of the seller will be entitled to a refund of the amount paid less the registration fee and penalty according to the percentages indicated under art. 6 of the "Terms and Conditions".
Disputes: In the event of any dispute will be settled by the Court of Palermo
"Compulsory notification pursuant to article 16 of Law 269 of 08/03/1998" - The Italian law punishes with imprisonment for crimes related to prostitution and child pornography, even if they are committed abroad.