1. INTRODUCTION. CONCEPT OF PACKAGE / TOURIST SERVICE
a) the organizer and the seller of the tourist package / service, to which the consumer addresses, must be in possession of the administrative authorization for the performance of their activities;
b) the consumer has the right to receive a copy of the package sale / tourist service contract (pursuant to Article 85 of the Consumer Code), which is an essential document to access the Guarantee Fund pursuant to art. 18 of these General Terms and Conditions.
The notion of package / tourist service (Article 84 of the Consumer Code) is as follows: the package deals with travel, holidays and "all-inclusive" circuits, resulting from the pre-established combination of at least two of the elements indicated below , sold or offered for sale at a lump-sum price, and with a duration of more than 24 hours or extending over a period of time including at least one night:
c) tourist services not ancillary to transportation or accommodation (omitted) ... which constitute a significant part of the "tourist package / service".
2. LEGISLATIVE SOURCES
The purchase / sale of tourist package / service, whether it relates to services to be supplied in national territory or abroad, will be governed by Law n. 12/27/1977 of ratification and execution of the International Convention relating to the contract of voyage (CCV) signed in Brussels on 23.4.1970 as applicable as well as by the Consumer Code.
3. COMPULSORY INFORMATION - TECHNICAL SHEET
The organizer has the obligation to create a technical sheet in the catalog or in the program outside the catalog. The mandatory elements to be included in the technical sheet of the catalog or of the off-catalog program are:
- details of the administrative authorization of the organizer;
- details of the civil liability insurance policy;
- period of validity of the catalog or program out of print or customized trip;
- terms and conditions of replacement (Article 89 of the Consumer Code)
- exchange rate for the purpose of currency adjustments, day or value.
The reservation request must be made on the appropriate contract form, if electronic, completed in its entirety and signed by the customer, who will receive a copy. Acceptance of bookings is considered to be finalized, with the consequent conclusion of the contract, only when the organizer sends confirmation, also by computer system, to the customer at the seller travel agency.
The indications relating to the package / tourist service not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer in regular fulfillment of the obligations foreseen by art. 87 paragraph 2 of the Code of Cons. before the start of the journey.
The measure of the deposit, up to a maximum of 25% of the price of the package / tourist service, to be paid at the time of booking or at the time of the binding request and the date by which before departure must be made balance, result from the catalog, brochure or whatever else.
Failure to pay the sums referred to above on the dates established constitutes an express termination clause which determines the termination by the intermediary agency and / or the organizer.
The price of the package / tourist service is determined in the contract, with reference to what is indicated in the catalog or out-of-catalog program and to any updates of the same catalogs or out-of-catalog programs subsequently intervened. It may be changed up to 20 days prior to departure and only as a consequence of changes in:
- transport costs, including the cost of fuel;
- fees and taxes on certain types of tourist services such as taxes, landing fees, disembarkation or embarkation in ports and airports;
- exchange rates applied to the package in question.
For these variations, reference will be made to the exchange rates and costs referred to above in force on the date of publication of the program as reported in the technical sheet of the catalog or on the date reported in any updates referred to above.
The oscillations will affect the lump-sum price of the package / tourist service in the percentage expressly indicated in the technical sheet of the catalog or off-catalog program.
COUPON GIFT: gift coupons, being purchased in advance without determining the date of service / package, are valid for one (1) year from the date of purchase. At the time of booking request for the service / package purchased through a gift coupon, an integration with the initial cost may be requested, due to changes in tariffs and / or contractual conditions made with the service provider (s) included in the coupon itself
7. MODIFICATION OR CANCELLATION
OF the package / tourist service BEFORE THE DEPARTURE Before departure, the organizer or seller who needs to change significantly one or more elements of the contract, immediately gives written notice to the consumer, indicating the type modification and the change in price that follows.
If you do not accept the modification proposal referred to in paragraph 1, the consumer may alternatively exercise the right to reacquire the sum already paid or to enjoy the offer of a substitutive tourist package / service in accordance with the 2nd and 3rd paragraphs of Article 8.
The consumer may exercise the above-mentioned rights even when the cancellation depends on the failure to reach the minimum number of participants provided for in the catalog or in the program out of print, or by force majeure and fortuitous events, relating to the package / tourist service purchased. For cancellations other than those caused by force majeure, by chance and failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the consumer of the package / alternative tourist service offered, the organizer that cancels (art 33 letter eCod. Of Consumption), will return to the consumer twice the amount paid and collected by the organizer, through the travel agent.
The sum object of the refund will never be more than twice the amount of which the consumer would have the same debtor date in accordance with the provisions of art. 8, paragraph 4 if he were to cancel.
8. PENALTIES IN CASE OF CANCELLATION
In case of renunciation of the booked services, the customer will be reimbursed the sum collected net of the penalties indicated below, in addition to the costs and expenses to be incurred for the cancellation of the services. The agency will treat:
- 25% of the entire amount from the 29th to the 14th day before the start of the services
- 50% of the entire amount from the 13th to the 5th day before the start of the services
- 80% of the entire amount from the 4th to the 2th day before the start of the services
After this deadline no refund is provided (100% amount) unless otherwise agreed by the parties. For bookings relating to high season periods, cancellation penalties may be subject to change which will be communicated upon confirmation.
When booking a tourist package in the "Exclusive" category, please see the cancellation policy in section 8 of the "Terms and conditions of sale of services purchased through Dreavel.com" for the property.while for all other services included in the package follow the cancellation conditions set out in point 8 of these "General terms and conditions for sales of package tours".
In the event that the customer fails to provide or provide false information regarding the requirements necessary for the performance of the services/activities purchased and the organizer/guide does not allow access to the service/activity, the customer will not be entitled to any refund. The restrictions indicated by the individual activities are mandatory and do not allow exceptions of any kind, both for legal and insurance reasons.
9. WITHDRAWAL OF THE CONSUMER
The consumer may withdraw from the contract relating to the package / tourist service, without paying penalties, in the following cases:
- increase in the price referred to in the previous art. 6 in excess of 10%;
- significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the package / tourist service considered overall and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the consumer.
In the cases mentioned above, the consumer has alternatively law:
- to take advantage of an alternative package / tourist service, without a surcharge or with a refund of the excess price, if the second package / tourist service has a lower value than the first;
- to return only the part of the price already paid. This return must be made within seven working days from the receipt of the reimbursement request.
The consumer must give notice of his decision (to accept the change or to withdraw) no later than two working days from the time he received the notice of increase or change. In the absence of express communication within the aforementioned term, the proposal formulated by the organizer is considered accepted. To the consumer who withdraws from the contract before departure outside the hypotheses listed in the first paragraph, will be debited - regardless of the payment of the deposit as per art. 5/1 ° paragraph - the individual cost of practical management and penalties to the extent indicated in the technical sheet of the Catalog or Program out of print or customized trip.
In the case of pre-established groups, these sums will be agreed from time to time upon signing the contract.
For the rest of the services offered (eg air tickets, sale of individual services, etc.) the right of withdrawal will not be applicable.
10. IMPOSSIBILITY TO PROVIDE PURCHASED PACKAGE SERVICES
In the event that Dreavel.com is unable to provide the service (s) and / or experience acquired by the customer for reasons not attributable to Dreavel.com itself, but due to causes of force majeure (weather conditions, unavailability of guides and / or impossibility of / suppliers to carry out activities / experiences), the customer can re-book the service / ie / or experience / and for a new date or convert the amount paid into a voucher to be used no later than 12 (twelve) months from the date of purchase. If the customer does not intend to take advantage of either of the two possibilities mentioned above, he / she will be able to obtain reimbursement of the amount paid; Dreavel.com will retain € 20.00 as a reimbursement of expenses for practical management and booking.
11. CHANGES AFTER THE DEPARTURE
The organizer, if after the departure is unable to provide for any reason, except for a fact of the consumer, an essential part of the services covered by the contract, will have to provide alternative solutions, without surcharges of price charged to the contractor and if the services provided are of a lower value than those envisaged, reimburse it in an amount equal to that difference.
If no alternative solution is possible, ie the solution prepared by the organizer is refused by the consumer for serious and justified reasons, the organizer will provide without a surcharge, a means of transport equivalent to the original one provided for the return to the place of departure or to the different place agreed upon, compatible with the availability of the vehicle and places and will reimburse it to the extent of the difference between the cost of the services provided and that of the services performed up to the time of early return.
The renouncing customer can be replaced by another person provided that:
to. the organizer must be informed in writing at least 4 working days before the date fixed for the departure, receiving at the same time communication about the generality of the transferee;
b. the substitute fulfills all the conditions for the use of the service (pursuant to Article 89 of the Consumer Code) and in particular the requirements relating to the passport, visas and health certificates;
c. the person taking over reimburses to the organizer all the additional expenses incurred to proceed with the replacement to the extent that will be quantified before the sale.
The transferor and the transferee are jointly responsible for the payment of the balance of the price as well as the amounts referred to in letter c) of this article.
The additional terms and conditions of replacement are indicated in the technical data sheet.
13. OBLIGATIONS OF PARTICIPANTS
Participants must have an individual passport or other document valid for all countries affected by the itinerary, as well as residence and transit visas and health certificates that may be required. They must also comply with the rules of normal prudence and diligence and with the specific rules in force in the destination countries of the journey, with all information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to the package / service. tourist. The participants will be called to answer for all the damages that the organizer had to suffer due to their non-compliance with the above-mentioned obligations.
The consumer is obliged to provide the organizer with all documents, information and elements in its possession useful for the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible to the organizer of the injury caused to the right of subrogation.
The consumer will also communicate in writing to the organizer, at the time of booking, the particular personal requests that may be the object of specific agreements on the travel arrangements, provided that it is possible to implement them.
14. HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalog or in other informative material on the basis of the express and formal indications of the competent authorities of 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, such as to allow an evaluation and consequent acceptance of the same by the consumer.
15. LIABILITY SYSTEM
The organizer is liable for damages caused to the consumer due to the total or partial non-fulfillment of the contractually due services, whether they are carried out by him personally or by third party service providers, unless he proves that the event is derived from the fact of the consumer (including initiatives taken independently by the latter during the execution of tourism services) or from circumstances outside the provision of the services provided in the contract, by chance, force majeure, or circumstances that the organizer himself could not reasonably foresee or solve according to his professional diligence.
The seller where the tourist package / service has been booked does not under any circumstances meet the obligations arising from the organization of the trip, but is solely responsible for the obligations arising from his quality as an intermediary and in any case within the limits for this responsibility current regulations.
16. LIMITS OF COMPENSATION
The compensation pursuant to art. 44/45/47 of the Tour Code. The related limitation periods are governed by the provisions contained therein and in any case within the limits established by the International Conventions governing the services that are the object of the package / tourist service as well as by the art. 1783 and 1784 of the Civil Code.
17. OBLIGATION OF ASSISTANCE
The organizer is obliged to provide the measures of assistance to the consumer imposed by the criterion of professional diligence exclusively in reference to the obligations at his own expense by law or contract.
The organizer and the seller are exempted from their respective responsibilities (articles 13 and 14 of these General Conditions) when the failure or incorrect execution of the contract is imputable to the consumer or is due to the fact of a third party of an unpredictable or inevitable nature, ie a fortuitous event or force majeure.
18. COMPLAINTS AND COMPLAINTS
Every failure in the execution of the contract must be contested by the consumer without delay so that the organizer, his local representative or the accompanying person can promptly remedy it.
The consumer must - under penalty of forfeiture - also make a complaint by sending a registered letter with acknowledgment of receipt to the organizer or seller, no later than ten working days from the date of return to the place of departure.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is possible, and indeed advisable, to stipulate at the time of booking at the offices of the organizer or of the seller special insurance policies against expenses deriving from the cancellation of the package, injuries and baggage. It will also be possible to stipulate an assistance contract covering the repatriation costs in case of accidents and illnesses.
20. GUARANTEE FUND
The National Guarantee Fund is set up at the Directorate General for Tourism of the Ministry of Productive Activities, to which the consumer can apply (pursuant to article 110 of the Consumer Code), in the event of insolvency or declared bankruptcy of the seller or the organizer, for the protection of the following requirements:
a) reimbursement of the price paid;
b) his repatriation in the case of travel abroad
The fund must also provide immediate economic availability in case of forced return of tourists from non-EU countries on the occasion of emergencies attributable or not to the organizer's behavior.
The methods of intervention of the Fund are established by decree of the President of the Council of Ministers of 23/07/99, n. 349 G.U. n. 249 of 12/10/1999.
ADDENDUM GENERAL CONDITIONS OF CONTRACT FOR SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts relating to the offer of only the transport service, the stay, or any other separate tourist service, not being able to be configured as a negotiation case of travel organization or package / tourist service, are governed by the following provisions of the CCV: art. 1, 3 and 6; Articles. from 17 to 23; Articles. from 24 to 31, as regards the forecasts different from those relating to the organization contract as well as the other agreements specifically related to the sale of the single service object of the contract.B) CONTRACT CONDITIONS
The following clauses of the general contract conditions for the sale of tourist packages indicated above are also applicable to these contracts: art. 4 1st paragraph; art. 5; art. 7; article 8; article 9; art. 10 1st paragraph; art. 11; art. 15; art. 17. The application of these clauses does not determine absolutely the configuration of the relative contracts as a case of package / tourist service. The terminology of the aforementioned clauses relating to the package contract / tourist service (organizer, travel etc.) should therefore be understood with reference to the corresponding figures of the contract for the sale of individual tourist services (seller, stay, etc.).
Mandatory communication pursuant to article 17 of the law n. 38/2006. Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.
Respect for children's rights knows no borders
The agency Let's Travel srl joins the Consorzio Fogar to guarantee the final customer from the risk of insolvency or bankruptcy. The insurance coverage is provided for the benefit of all the Fogar Consortium members by the Tua Assicurazioni n° 40321512000018
Professional liability insurance Unipol Sai polizza n.1/32016/319/181784366
Medical / luggage insurance Nobis Filodiretto polizza n.6001004753/D Insurance conditions
Umbria Region License with Decree n. 1849 27/03/13
Technical Director: Diego Pieroni N. 37 of 14/03/2018