General Terms and Conditions of Sale of Travel Packages
1. Legislative sources
2. Foreword. Concept of tourist package
3. Form of the contract for the purchase of tourist packages
4. Reservations
4bis.Reduction for age groups
5. Payments
6. Price
7. Editing or cancellation of the tourist package before departure
8. Renunciation to the tourist package, penal
8a. Changes Special Flights
9. Changes after departure
10. Substitutions
11. Obligations of the participants
12. Hotel Classification
13. Responsibility regime
14. Limits on Compensation
15. Obligation to service
16. Complaints and denunciations
17. Insurances
18. Guarantee Fund
19. Mandatory information - Datasheets - Daylight Tour by Robytour s.r.l.
- Addendum General conditions for the sale of individual tourism services
(a) Normative provisions
b) Contract terms
1. LEGISLATIVE SOURCES
Daylight Tour by Robytour s.r.l. Tour Packages Agreement and the Consumer is regulated by Dec. Leg. 206 of 06/09/2005 "Consumption Code" and the following General Terms and Conditions of Contract:
The contract for the purchase of a tourist package is governed, in addition to the present general conditions, by the clauses indicated in the travel documents delivered to the consumer.
This contract, whether it is for services provided on national territory or abroad, will also be governed by the provisions - as applicable - of Law 27/12/1977 no. 1084 of ratification and execution of the International Convention on the Travel Contract (CCV) signed in Brussels on 23.4.1970, as well as the Tourism Code (Article 32/51).
2 INTRODUCTION. TOURIST PACKAGE CONCEPT
Given that:
(a) The organizer and the seller of the tourist package to which the consumer is addressed must be in possession of the administrative authorization to carry out their activities.
(b) the consumer is entitled to receive a copy of the tourist package sale contract (pursuant to Article 85/86 Cod. Consumo and Art 35 Cod Turismo), which is indispensable document for accessing the Guarantee Fund 'art. 18 of the General Terms and Conditions.
The concept of tourist package (Article 84 Consumption Code) is as follows: tourist packages cover trips, holidays and all-inclusive circuits, resulting from the predetermined combination of at least two of the following items sold, sold or offered for sale at a flat rate of more than 24 hours or extending over a period of at least one night:
(a) transport;
b) accommodation;
c) non-access services to transport or accommodation (omissis) which constitute a significant part of the "tourist package".
3 FORM OF CONTRACT FOR SALE OF TOURIST PACKAGES
According to Art. 85 of the Consummation Code, the Package Sale Agreement must be written in clear and precise terms and the Consumer has the right to receive a copy of the tour package sales contract, signed and stamped by the organizer or by the seller, which is indispensable document for accessing the Guarantee Fund referred to in art. 100 of the Consumption Code.
4 RESERVATIONS
The booking request must be drawn up on a special contractual form, if in the electronic case, completed in all its parts and signed by the consumer who will receive a copy. Acceptance of bookings is to be completed, resulting in the conclusion of the contract, only when the organizer will send the relative confirmation, also via the telematic system, to the Consumator at the vendor's travel agency.
The tourist package notices contained in the contract documents, brochures or other written media will be provided by Daylight Tour in order to comply with the obligations provided for by the Consumption Code in good time before the start of the journey.
4BIS. AGE REDUCTIONS
Some accommodation facilities offer discounts on the official rate based on the age of the participant and based on the total number of participants regarding the occupancy of the booked room / apartment. Age is always to be understood as not completed on the first day of stay. If the participant, either adult or child, has completed or will take years in any day prior to the first day of stay, and the age is the maximum limit for special discounts and special allowances, the rate or reduction of the upper age range.
5 PAYMENTS
For reservations whose rate is higher than € 400,00, there is option of paying the entire amount at once or choose the mode of deferred payment.
In the latter case, the payment of € 100 has to be contextual to the reservation, the remaining three payments are equidistant, the last must be received within one month of departure.
If the tourist package provides for additional transport (ships, airplanes, or other carriers), the amount of the carrier's fare and taxes related to it must be paid upon booking confirmation, in addition to the deposit.
The non-payment of the sums above the established deadlines constitutes termination clause such as to determine, from the organizer, the termination of the contract, without prejudice to the right to the application of the penalties provided for in Article 8 even with partial compensation or total sums paid.
6 PRICE
The price of the package is determined in the contract, with reference to what is stated on the website. It may be changed up to 20 days prior to departure, with notice to be sent to the Consumer and / or the Travel Agency by fax, by email or by registered letter A / R. It is understood that the price review is only permitted following a proven variation of:
a) transport costs, including the cost of fuel;
b) fees and charges on certain types of tourist services such as taxes, landing fees, landing or embarkation charges at ports and airports;
c) exchange rates applied to the package.
The prices of the published tourist packages were calculated using the average reference parameter of 800 USD / tonne for the fuel and with the exchange rate 1 EURO = 1,40 USD; for ITC flights, an adjustment calculated proportionally based on the difference between the above parameter and the quotation of Platts * for the second month before the date of departure may be applied. For scheduled flights, the Airline's required adjustments may be applied.
* Jet Aviation Fuel is an index that measures fuel prices for turbine aircraft; it is recognized daily by Platts, the world's largest independent information and service provider for energy industry (www.platts.com).
For such variations, reference will be made to the exchange rate and the above costs in force at the date of publication of the program as listed in the technical datasheet of the catalog or on the date given in any updates above. The oscillations will affect the standard package price of the tour package in the percentage expressly indicated in the catalog of the catalog or out-of-catalog program.
In the case of price variations for the reasons referred to in points (a), (b) and (c), which have been communicated within a period of twenty days and which involve an increase of less than or equal to 10% of the original price, will not give rise to any possibility withdrawal in favor of the Consumer.
In the case of price changes for the reasons referred to in points a, b and c that have been communicated within twenty days and which cause a price increase of the Tourist Package in excess of 10%, the Consumer, directly and / or through the Travel Agency, no later than two working days after the receipt of the communication, shall have the right to
A) accept the variation
B) withdraw from the travel contract by giving immediate written notice to the Travel Agency, or directly to the Daylight Tour.
In the event that the two-day term of the notice of increase of the price to more than 10% of volumes without any communication from the consumer, the amendment will be deemed definitively accepted.
The date of publication of this catalog for the cost of services is September 2016. On that date, DAYLIGHTTOUR by Roby tour s.r.l. reserves the right to calculate and vary the quotas in the terms of DL 206/2005 Cod. Consumption.
7 CHANGE OR CANCELLATION OF THE TOURISTIC PACKAGE BEFORE DEPARTURE
Before departure, Daylight Tour or the vendor, who needs to significantly modify one or more items of the contract, immediately issues written notice to the Consignee, indicating the type of modification and any price variation resulting therefrom If you do not accept the modification proposal, the consumer can withdraw from the contract without paying penalties, and has the right:
- to take advantage of an alternative tourist package, free of charge or with the return of the price surplus, if the second tourist package is less than the first;
- the refund of the only part of the price already paid.
This refund must be made within seven business days of receipt of the refund request.
The consumer must give notice of his decision (to accept the modification or withdraw) within and not more than two working days from the receipt of the notice of increase or modification.
The consumer may exercise the rights provided above even when the cancellation is due to the failure to reach the minimum number of participants in the Catalog or the Out-of-Competition Program, or for cases of force majeure and fortuitous cases, relating to the tourist package purchased.
For cancellations other than those caused by force majeure, by accident and failure to reach the minimum number of participants as well as for those other than the non-acceptance by the consumer of the alternative tour package offered by the organizer who annuls (Article 33 and Consumption Code) will return twice the amount paid to the consumer and collected by the organizer through the travel agent.
The object of the refund sum will never be higher than double the amounts of which the consumer would on the same date debtor in accordance with the provisions of Art. 8, 4th paragraph if he was to annul
8 CANCELATION OF THE TOURIST PACKAGE, PENALTY
The consumer who withdraws from the contract prior to departure, outside the previously listed hypotheses, will be charged as a penalty - irrespective of the payment of the deposit referred to in art. 5 - the cost of the registration fees, any insurance premiums and the following percentages of the participation fee, calculated on the basis of the number of days before departure, has been canceled.
Calculation of penalties is made by counting the actual days remaining since the beginning of the holiday, neither the day the request is made nor the day of departure.
PENALTIES DESTINATIONS SEA ITALY, and SNOW:
For stays only, stay + free ship or ship and practices with only stay + booking for the airline transport, ship or train, only for the part of stay are provided the following penalties:
- cancellations up to the 31st calendar day before departure 10% of the participation fee;
- cancellations from 30th to 21st day before departure 25% of the participation fee;
- cancellations from 20th to 8th calendar day before departure 50% of the participation fee;
- cancellations from 7th to 3rd calendar day before departure 75% of the participation fee;
- no refund from the 2nd day
FOREIGN DESTINATIONS PENALTIES:
For stays only, stay + free ship or ship and practices with only stay + booking for the airline transport, ship or train, only for the part of stay are provided the following penalties:
- cancellations up to the 60th calendar day before departure 20% of the participation fee;
- cancellations from 60th to 31th calendar day before departure 30% of the participation fee;
- cancellations from 31th to 15th calendar day before departure 50% of the participation fee;
- cancellations from 15th to 4th calendar day before departure 75% of the participation fee;
- no refund after these terms.
FOREIGN DESTINATIONS PENALTIES:
For stays only, stay + free ship or ship and practices with only stay + booking for the airline transport, ship or train, only for the part of stay are provided the following penalties:
- up to 30th calendar day before departure 10% of the participation fee;
- cancellations from 30th to 18th day before departure 30% of the participation fee;
- cancellations from 18th to 10th calendar day before departure 50% of the participation fee;
- cancellations from 10th to 4th calendar day before departure 75% of the participation fee;
- no refund after these terms.
No refund will be paid to the customer in the following cases:
- no presentation on the scheduled arrival date at the facility or at the airport / port of departure without prior notice to the organization (no show);
- interruption of travel or stay;
- it is impossible to travel because of missing or irregular documents of expatriation or any other fulfillment necessary for the journey. The check of the validity of documents or visas for expatriation, as well as the fulfillment of currency, health care obligations and the existence of all the necessary requirements for the execution of the journey is a personal and non-delegable obligation of the traveler.
- cessation of practices involving reservations of air, naval or railway means of transport shall be subject to a penalty of 100% for the part of the carriage, irrespective of the date of cancellation.
- in the event of cancellation of a reservation or modification of the date of stay / transport, a penalty will be charged on the amount of the stay as described above, in addition to the additional ship / aircraft benefits such as extra passages, cabins and / or armchairs, etc., fees, pre-sale fees or any fuel adjustments.
In the case of pre-established groups, such sums will be agreed on signing the contract.
For changes or modifications related to foreign tourist facilities, payment of a change of € 30 per person is required. For changes to the departure and / or destination dates, beyond the above mentioned expense, you will be charged 10% of the participation fee from 30 days to 15 days prior to departure, 20% of the participation fee from 15 days at 8 days prior to departure, 60% of the participation fee from 8 to 3 calendar days before departure, 90% of the participation fee after these terms. Modification of reservations may also include the addition of any penalties by land and transport providers.
The calculation of the days does not include the date of the withdrawal and the one on the first day of the beginning of the stay.
8 BIS) CHANGES SPECIAL FLIGHTS
For operational reasons, it may be necessary any technical stops and / or intermediate stops in Italy and / or in the country of destination, or be varied departure / arrival airports. In the latter case, the organizer will provide an alternative to the new departure / return airport.These variations do not make a significant change to an essential element as travel is guaranteed. With respect to special flights, the Organizer reserves the right to modify the Airline and / or aircraft if this is necessary for technical / operational reasons.
Hotel Reservation Modifications: In some occasional cases, you may see that the hotel accepts and reconfirms a higher number of bookings than your actual availability (overbooking). At the occurrence of such events, which are not dependent on our will, the hotel will retrieve Clients at an equal or superior level, located (as far as possible) in the same area.
9 CHANGES AFTER DEPARTURE
DAYLIGHT TOUR by Roby tour srl, if after the departure it is unable to provide for any reason, except for a fact of the consumer, an essential part of the services contemplated in the contract, will have to prepare alternative solutions, without price supplements contractor's liability and if the services provided are of lower value than the one provided, reimburse it to an equal extent of that difference.
If no alternative solution is possible, the solution prepared by the organizer is rejected by the consumer for serious and justified reasons, the organizer will provide, at no cost, a means of transport equivalent to the original one scheduled for return to the place of departure or at any other place agreed upon, compatible with the availability of the means and seats and will reimburse it to the extent of the difference between the cost of the services provided and the performance of the services until the time of early return.
10 REPLACEMENTS
The renunciator may be replaced by another person if:
a) the organizer has been informed in writing at least 4 working days before the date set for the departure, receiving at the same time communication of the generality of the transferee;
b) the substitute fulfills all the conditions for the use of the service (ex Article 89 Cons. Code) and in particular the requirements relating to the passport, visas and health certificates;
c) the substitute shall refund to the organizer all the expenses incurred to make the replacement in the amount that will be quantified before the sale.
d) replacement services or other services may be provided following replacement
e) the transferor and the transferee are jointly and severally liable for the payment of the balance of the price and the amounts referred to in point (c) of this Article.
Further details and conditions are indicated on the technical sheet.
In relation to some types of services, a third-party service provider may not accept the change of the transferee's name, even if performed by DAYLIGHT TOUR, so it will not be responsible for any failure to accept the modification by third party service providers.
Such non-acceptance will be promptly communicated to interested parties before departure.
11 OBLIGATION OF PARTICIPANTS
Participants must be provided with individual passports or other valid passports for all countries affected by the itinerary, as well as residence and transit visas and health certificates that may be required. They shall also observe the rules of normal prudence and diligence and the specifics in force in the countries of destination of the journey, all the information provided to them by the organizer, and the regulations and administrative or legislative provisions relating to the tourist package. Participants will be required to respond to any damages that the organizer would suffer as a result of their default on the above-mentioned bonds.
The consumer must provide the organizer with all documents, information and evidence in its possession relevant to the exercise of the right of subrogation of the latter against those responsible thirds of the loss and is responsible to the organizer of the prejudice caused by the right of surrogacy.
The consumer will also communicate in writing to the organizer at the time of booking, of any special personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement.
12 HOTEL CLASSIFICATION
The official classification of hotel structures is provided by this site only on the basis of the express and formal indications of the competent authorities in the country where the service is provided.
In the absence of official classifications recognized by the competent public authorities of the countries also members of the EU to whom the service refers, the organizer reserves the right to provide in the catalog or brochure a description of the accommodation structure in such a way as to allow evaluation and subsequent acceptance of the same by the consumer.
13 LIABILITY REGIME
According to Art. 93 of the Consumer Code, DAYLIGHT TOUR shall be liable for any damage caused to the consumer as a result of the total or partial non-performance of the contractually-paid benefits, whether they are carried out by him personally or by third-party service providers, the event originates from the fact of the consumer (including initiatives taken independently by the latter during the execution of the tourist services) or from circumstances beyond the scope of the provision of the services provided by the contract, by accident, by force majeure or by circumstances which the same organizer could not reasonably foresee or solve, according to professional diligence.
The vendor to whom the reservation of the tourist package has been made shall in no case be liable for the obligations arising from the organization of the journey but shall be solely responsible for the obligations arising out of its intermediary quality and in any case within the limits of such liability as provided for by law or above conventions.
14 COMPENSATION LIMITS
Compensation for damages to the person may not in any case exceed the limits set out in art. 94/95 Consumption Cod
15 SERVICE OBLIGATION
According to and by virtue of Art. 96, paragraph 2, DAYLIGHT TOUR is required to provide consumer assistance measures, imposed by the professional diligence criterion exclusively in relation to its obligations under law or contract.
DAYLIGHT TOUR OF Robytour s.r.l. the seller is exempt from liability (Articles 13 and 14 of these General Conditions) when the failure or improper performance of the contract is attributable to the consumer or is due to a third party of an unforeseeable or unavoidable nature, or a fortuitous case or of force majeure.
16 CLAIMS AND COMPLAINTS
Any failure in the contract must be contested by the consumer without delay so that the organizer, its local representative or the guide may remedy the situation promptly.
The consumer must - by default - also file a complaint by sending a registered letter with acknowledgment of receipt, to the organizer or to the seller, within ten working days from the date of his return to the departure location.
17 INSURANCE SEA ITALY AND SNOW ITALY
In application of art. 99 of the Consumer Code, DAYLIGHT TOUR by ROBYTOUR s.r.l. is insured with policy n. 5009095ET SARA Insurance Company and Civic Responsibility to Customers with Amitour
18 GUARANTEE FUND
The National Guarantee Fund, to which the consumer may apply (in accordance with Article 100 of the Code of Conduct), in the case of a declaration of insolvency or bankruptcy of the seller, or of the organizer, to protect the following requirements:
a) reimbursement of the paid price;
b) his repatriation in the case of overseas travel
The fund must also provide immediate economic availability in case of forced return of tourists from non-EU countries in case of emergencies attributable or not to the behavior of the organizer.
The procedures for the management and operation of the Fund are laid down by decree of the President of the Council of Ministers of 23/07/1999, No. 399 G.U. No. 249 of 12/10/1999
19 MANDATORY INFORMATION (TECHNICAL) DAYLIGHT TOUR by Roby Tour LTD
Extremes of administrative authorization 25 prot 33794 of 19.05.2008 the province of Latina naming DAYLIGHT TOUR
ADDENDUM GENERAL CONDITIONS FOR SALE OF SINGLE TOURIST SERVICES
A) NORMATIVE PROVISIONS
Contracts relating to the offering of the only transport, accommodation or any other separate tourist service, which can not be considered as a negotiating event for a travel organization or a tourist package, are governed by the following provisions of the CCV: art. 1, n ° 3 and n ° 6; art. from 17 to 23; art. from 24 to 31, with regard to the forecasts other than those relating to the organization contract and other arrangements specifically related to the sale of the single service contracted.
B) CONTRACT CONDITIONS
The following clauses of the general terms and conditions of the sale of the above-mentioned tourist packages are also applicable to these contracts: art. 4; art.5; Article 7; article 8; art. 9 - art. 10 1st paragraph; art. 11; article 15; art. 17. The application of these clauses does not absolutely determine the configuration of the relevant contracts as a package holiday event. The terminology of the aforementioned clauses relating to the tourist package contract (travel organizer, etc.) should therefore be understood with reference to the corresponding figures of the sales contract of individual tourist services (seller, residence, etc.) Approved by DAYLIGHT TOUR. Obligatory communication - Information pursuant to the law pursuant to art. 17 of Law 38/2006 - Italian law penalizes crimes involving prostitution and child pornography, even though they are committed abroad.
For any dispute, the forum where the organizer is based will be competent.
Validity October 2013 / October 2014
Organization: DAYLIGHT TOUR BY ROBY TOUR SRL
Photos: DAYLIGHT TOUR Photographs by Robytour srl
This contract does not include rental of means of transport (motorcycles, cars, scooters, etc.) carried out locally by the traveler and therefore DAYLIGHT TOUR can not be held liable for any damage resulting from the use of such means.
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