TERMS & CONDITIONS
1) INTRODUCTION
In accordance with Article 2 n. 1 of Legislative Decree n. 111 of 17.3.95 of Directive 90/314/CEE:
The package holidays offer journeys, holidays and tours "all inclusive", they are the combination of two elements below -showed, sold and offered on sale with an agreed price, lasting 24 hours that is at least a period of a night time: transport; accommodation; a) tourist services which are not supposed to be an essential part of the "package holiday".
2 ) BOOKING
Booking is subject to the availability of the travel services and it is considered agreed with the conclusion of contract, only when the organisation will send a written confirmation to the client or the seller travel agency.
3 ) PAYMENT
In order to confirm a booking, client must pay a deposit of 30% of the total amount of the travel which becomes due. The balance must be paid at least 30 days before departure, at the same moment of the booking, if it is at the same moment of the booking, if it is made during 30 days prior to the departure.
In case that the due travel price is not paid in total until contractually agreed travel departure, the organization is free from service and has the right to require respective cancellation from the traveller.
4 ) PRICE
The price of the package holiday is already fixed on the contract. It will be able to increase up to 20 days before departure only in proportion to the change of the followings: transport fees, included the combustible fee; rights and tax such as landing fees, disembarkation or embarkation fees at the seaports or boarding and landing at the airports, etc.. change tax imposed by the travel.
5 ) ANNULLATIONS BY THE CLIENT
The client can cancel his trip any time before departure announcing the annulations in written without paying the equivalent amount for the cancellation in the following cases:
The Organisation has the right to charge the Client in case of contract cancelling or if the Client does not start the journey. This charge depends on the travel price reduced by the value, which the travel agent spares and reduced by the value which the agent can earn by selling the same service to another Client. The Organisation can charge a lump sum claim acc. To the following schedule, depending on the time between the cancellation date and the booked departure date in percent, calculated per person/unit.
Up to 29th days before departure: 10% of the payment shall be retained; from 28th to 15th days before departure: 30% of the payment shall be retained;
from 15th to 5th days before departure: 50% of the payment shall be retained; from 4th to 0 days before departure: 100% of the payment shall be retained.
N.B. above-mentioned fees must be provided by those who are found without or with irregular identification documents necessary to leave the country.
6) ANNULLATION BY THE ORGANISATION
The Organisation has the right to refuse or cancel the travel contract before or after departure due to following reasons:
a) Until two weeks before departure:
The client receives a return of the paid funds immediately. If it is foreseeable in advance that the min. number of participants will not be reachable, the Organisation will inform the Client. If the official necessary number of the participants can not be reached, if in the offer for a special journey a min. of participants was mentioned, the Organisation is responsible to inform the Client immediately after acknowledge that the journey can not take place.
b) Until four weeks before departure:
If the execution of journey due to not sufficient booking scope would be not reasonable for the Organisation, after trying of all possibilities, and if the execution of journey for the Organisation would mean an exceed of economical limits with regard to this journey. A right to cancel the journey exists for the Organisation only, if he is not responsible for the circumstances and if he can proof this circumstances and if he submits to the Client a similar comparable offer. In case the journey was cancelled due to above-mentioned reasons the Client receives a return of the paid amount immediately. In additional the Clients' booking costs will be returned in lump sum, if he does not use the comparable offer, made by the Organisation.
c) Annulations of contract due to force major
In case the journey will be hardly influenced or endangered due to force major, not foreseeable during conclusion of contract, Organisation and Client are both obliged to cancel the contract. In case of annulations of contract the Organisation can charge a reasonable claim for the already executed or still necessary efforts in order to cancel the journey. Further, the Organisation is responsible to undertake all necessary steps to re-transfer the traveller, especially if the contract contains a request for contract annulations. Additional costs for back-transport will be paid by both parties in equal parts. All other costs will be charge to the traveller.
7) INTERRUPTION OF THE TRAVEL
In case the client does not use single services consequently to earlier return or other hard reasons, he is not entitled to get a refund payment, useless the client himself is able to provide a statement where claiming a refund payment for those services which have not used in connection with the Management Hotel agreement. The Organisation will try to receive a refund from the key player. This procedure is strictly required in order to permit to the Organisation to refund only the amount claimed.
8) POSSIBLE PROGRAMME CHANGES
The Organisation reserves itself the right, in case of unexpected events, to change some elements of the programme providing the client adequate and comparable alternative solutions with the same standards without additional price. In case the services provided are of low standard, the organisation will refund the client the equivalent amount of the difference of the price.
9) NOMINATION OF A THIRD PARTY
A participant who is unable to take part can be replaced by another person on condition that:: a) participant must notified in writing by letter at least 4 working days before
departure, providing the details of the renunciation. b) the Organisation has the right to refuse a third part, if this person does not satisfy some special travel conditions or his participant does conform with legal regulation of the Authorities (passport, entry sanitary certificate,visa, etc..) In case an another person travel instead of the Applicator.The Organisation is obliged to charge an amount to need to specify for additional costs due to participation of a third party. The Organisation is obliged to charge an amount of € 25,86 for additional costs due to participation of a third party. In any case the third party will be liable with the Applicator to pay the balance of the amount.
10) COMPLAINTS
If the journey does not goes in accordance with the Article 19 n.2 d. lgs., The client must claim in writing letter the inadequate fulfilment of the contractual obligations. He must notified the letter addressed to the Organisation within 10 working days before returning to the place of provenance. In case of complaints during the journey, the client must claim the organisation which has to provide a suitable and adequate alternative solution. In case the complaints are notified at the end of the services, the Organisation will be able to guarantee in any case a solution.
11) LUGGAGE
The participant is in charge of his own luggage. The Organisation can't be declared responsible in any case of loss or damage.
12) LAW & JURISDICTION
In the event of a dispute concerning the terms of this contract, the court of Law of Modica, Sicily, will have sole and exclusive jurisdiction.