COMPLETE CONDITIONS OF PACKAGE TRAVEL CONTRACT
We present to you the XPLORE SRL complete terms and conditions which you will be asked to sign at the moment of booking flights, apartments, services, hotels, tourist packages or individual travels via www.xploreamerica.com, property of XPLORE SRL.
The sales contract for a tourist package is an agreement regulated by the current Italian legislature and by making a reservation through XPLORE SRL you are required to accept and sign (during the confirmation steps) these conditions as regulated by the Italian Law.
For any questions, explanations or requests for information, contact us at firstname.lastname@example.org.
CONTENTS OF THE PACKAGE TRAVEL SALES CONTRACT
In addition to general conditions, essential parts of a travel contract are also the description of the tourist package as described in the catalog or in the travel program, as well as the confirmation of the services requested by the tourist/traveller. The confirmation is sent to the travel agency by the tour operator, as the agency is the representative of the Tourist and the Tourist is entitled to receive the confirmation from it. When signing the sales offer for a tourist package, the tourist/traveller needs to be well aware of the fact that for him or herself, as well as for any and all subjects to which the all-included service applies, both the travel contract as provided for in this document, and the warnings contained therein, as well as the present general conditions, are considered read and agreed to.
1) Concept of tourist package
a) the organizer of the travel: a subject committed, on his own behalf and for a lump sum, to provide tourist packages to third parties, realizing the combination of the following elements by offering to the tourist, even via a remote communication system, the possibility to independently realize and purchase the combination;
b) intermediary: the person who, even non-professionally and not for profit, sells or undertakes to provide tourist packages made under the following provisions to a lump sum payment;
c) tourist: the buyer, the transferee of a tourist package or any person to be named, provided that he or she meets all the conditions required for the use of the service on behalf of which the principal contractor undertakes to purchase a tourist package without remuneration.
The concept of tourist package is as follows:
"The package deals with travel, holidays, all-inclusive tours, tourist cruises, resulting from the combination, realized by anyone and in any way, of at least two of the following items sold or offered for sale at a fixed price: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation referred to in art. 36, which constitute, for the satisfaction of the recreational needs of the tourist, a significant part of the "tourist package" (Art. 34 of the Tourism Code.). The tourist has the right to receive a copy of the tourist package sales contract (prepared in accordance with and under the terms of Article 35 of the Tourism Code). The contract is the title to access the guarantee fund referred to in art. 18.
2) Legislative sources
1. The sale of tourist packages, which concern services to be provided both in the national and international territory, is regulated - until its repeal pursuant to art. 3 of Legislative Decree no. n. 79 of 23 May 2011 (the Tourism Code- from 27/12/1977 no. 1084 of ratification and execution of the International Convention on the Travel Contract (CCV), signed in Brussels on 23 April 1970 - as applicable - as well as by the Tourism Code (Articles 32-51) and its subsequent amendments and the provisions of the Civil Code on Transport and Delivery, as applicable.
3) Mandatory information – Datasheets
1. Before the start of the journey, the organizer and the intermediary shall provide the tourist with the following information: (a) timetables, places of rest and connections; (b) information on the identity of the operating air carrier, if it is not known at the time of the reservation, in accordance with Article 11 (2) of Regulation No 2111/05: "If the identity of the actual air carrier or actual air carriers is not yet known at the time of booking, the airline contractor shall ensure that the passenger is informed of the name of the carrier or air carriers operating as actual air carriers for the flight or flights in question. In such cases, the air transport contractor will ensure that the passenger is aware of the identity of the carrier or actual air carriers as soon as their identity has been established, as well as their possible operational ban in the European Union." The organizer prepares a datasheet in the catalog or in the out-of-catalog program, which may include electronic means or means of telecommunication. The datasheet contains technical information on the legal obligations to which the Tour Operator is subjected, such as: - details of the administrative authorization or S.C.I.A (certified announcement of the commencement of activities) of the organizer; - Details on travelers' guarantees under Art. 50 of the Tourism Code; - details of the civil liability insurance policy; - validity of the catalog or out-of-catalog program; - parameters and criteria for the adjustment of the travel price (Art. 40 of the Tourism Code).
4) Reservations and Payments
1. The offer of a tourist package must be drawn up on a special contractual form, in case of electronic application, filled in its entirety and signed by the customer, who will receive a copy. The acceptance of the proposal for the purchase of the tourist package is considered completed, and the contract is considered stipulated, only after the organizer sends a relative confirmation, which may occur via means of telecommunication, to the tourist at the intermediary travel agency, which will make sure the tourist receives said confirmation. The tour package information not contained in the contract documents, in the brochures or in other written media, shall be provided by the organizer, as part of the obligations provided for in art. 37, paragraph 2 of the Tourism Code, before the start of the trip. Special requests for the provision and / or execution of certain services forming part of the tourist package, including the need for assistance at the airport for people with reduced mobility, the requirement of special meals on board or in the place of stay, must be advanced during the reservation request phase and are subject to a specific agreement between the Tourist and the Organizer, through the travel agency. According to art. 32, paragraph 2 of the Tourism Code, in contracts stipulated remotely or outside of the commercial premises (as defined by article 45 of Legislative Decree 206/2005), the right of withdrawal is excluded, pursuant to art. 47, 1st paragraph, lett. g.
2. When signing the proposal for the purchase of a tourist package, you will be required to pay: a) the registration fee or operational costs, b) a deposit not exceeding 25% of the price of the tourist package published in the catalog or in the estimate of the package provided by the Organizer. This amount is to be paid in the form of a deposit and an advance. In the period of validity of the sale proposal and therefore before any confirmation of the reservation which indicates the completion of the contract, the effects referred to in art. 1385 c.c. are not produced in case the withdrawal depends on a non-attributable arising fact. The balance must be paid out within the deadline set by the Tour Operator in its catalog or in the reservation confirmation of the required tour package service.
3. For bookings taking place in the period after the date stated as the deadline for making the payment, the client will have to pay full amount at the moment of signing the purchase proposal.
4. Failure to pay the amounts mentioned above at set dates, as well as the failure to transfer to the Tour Operator the amount that the Tourist paid to the intermediary and withholding any warranty actions ex art. 50 of the Legislative Decree 79/2011 to the latter, constitutes a definitive termination clause that determines termination of rights, which can be communicated in written form, by fax or by e-mail, at the intermediary agency or at the tourist’s home or electronic address, if one is provided. The price is considered paid at the moment the sums reach the organizer directly from the tourist or through an intermediary chosen by the tourist.
1. The price of the tourist package is determined in the contract, with reference to the catalog, or out-of-catalog program, as well as in updates of those catalogs and out-of-catalog programs, or on the Operator's website. The changes can be made only as a result of the variations of: - transport costs, including the cost of fuel; - rights and fees relating to air transport, landing or embarkation rights at ports and airports; - exchange rates applied to the package in question. For such changes, the exchange rates and the prices in force on the day of publication of the program will apply, referring to the date specified in the technical datasheet of the catalog or reported in updates published on the websites. In any case, the price cannot be increased within 20 days prior to departure and the revision may not exceed 10% of the price in its original amount. The price consists of:
a) registration fee or administration fee
b) participation fee: indicated in the catalog or in the package cost estimate provided to the agent or the tourist
c) costs for any insurance policies the client decides to stipulate in case of cancellation and/or medical and other costs
d) visas and entry and exit fee costs for destination countries, if any
e) airport and port fees and charges
6) Changing or cancelling the tourist package before departure
1. Before departure, the organizer who needs to make significant changes to one or more of the elements of the contract shall give immediate written notice to the tourist, either directly or through his intermediary, indicating the type of change and its effects on the price.
2. If the tourist does not accept the amendment proposal referred to in paragraph 1, he or she may withdraw without payment of penalties and have the right to another tourist package in case the Tour Operator is able to offer it, alternatively it can be reimbursed within the limits of the law, for the sum of money already paid, including administration fees.
3. The tourist shall let the organizer or the intermediary know of his or her decision within two working days from the moment the notice referred to in paragraph 6.1 was received. In case he or she fails to communicate the decision within the aforementioned term, the proposal formulated by the organizer will be considered accepted.
4. If the Organizer cancels the tourist package prior to departure for any reason, except for the Traveler's fault, he will have to make a refund to the latter, as prescribed by the law, in the amount paid for the purchase of the tourist package, and he will be entitled to a compensation for the failure to execute the contract, except in the following cases.
5. There shall be no compensation for the cancellation of the tourist package when the cancellation is caused by the failure to reach the minimum number of participants required, or because of force majeure and unforeseeable circumstances.
6. For cancellations other than those caused by unforeseeable circumstances, force majeure and failure to reach the minimum number of participants as well as for those not related to the tourist not accepting the alternative tour package offered, the organizer who makes the cancellation will refund to the Tourist a sum equal to twice the amount paid and received effectively by the organizer through the travel agent.
7. The amount to be refunded shall never exceed twice the amount that the tourist would owe on the same day, as provided for in the following article, if he was the cancelling party.
7) Termination by the tourist
1. The tourist may also withdraw from the contract without paying penalties in the following cases: - price increase exceeding 10%; - significant changes to one or more elements of the contract that can be objectively configurable as essential for the purposes of the tourist package considered in its entirety and proposed by the organizer after the conclusion of the contract but before the departure and not accepted by the tourist. In the above cases, the tourist alternately has the right: - to accept an alternative tourist package of equal quality or superior, if the organizer is able to offer it. If the all-inclusive service is of lower quality, the organizer must reimburse the consumer for the price difference; - refund of the amount already paid. Such refund must be made within the terms of the law.
2. The tourist who withdraws from the contract before departure outside the hypotheses listed in the first paragraph, or those provided for in art. 6, paragraph 2, will be debited - regardless of the payment of the deposit referred to in art. 4, paragraph 2 – with the individual cost of administration fees, the penalty in the amount specified in the Booking and Penalty Charges (catalog or out-of-travel program), any insurance cover that was already requested at the time of the contract stipulation or for other services already provided.
3. In case of pre-established groups, these amounts will be agreed upon on case-to-case basis, at the moment of signing the contract.
4. Travels that include charter flights with special rates are excluded from the provisions listed above. In these cases, the conditions for cancellation penalties are deregulated and much more restrictive.
8) Changes after departure
1. If after the departure the Organizer is not able to provide an essential part of the services included the contract, for any reason except for something arising from the tourist’s part, he shall provide appropriate alternative solutions for the continuation of the scheduled trip, not incurring any kind of charge for the tourist, or reimbursing the latter within the limits of the difference between the services originally provided for and those made. If no alternative solution is possible, or if the solution offered by the organizer is refused by the tourist for well-founded and justified reasons, the organizer will provide a means of transport equivalent to the original one for the return to the place of departure or any other place agreed upon at no additional cost, depending on the availability of means and seats, and will reimburse it to the extent of the difference between the cost of the planned services and those carried out until the early return.
9) Replacements and practical changes
9.1 The tourist may substitute himself with another person, provided that: (a) the organizer is informed in writing at least 4 working days before the departure date, receiving at the same time information regarding the reasons for the substitution and the details about the transferee; b) the transferee fulfills all the conditions for the use of the service (ex Article 39 Tourist Code.), especially details pertaining to the passport, visas and health certificates; (c) the same services or other substitute services can be provided following the replacement; d) the replacement tourist reimburses to the organizer all additional expenses incurred in order to make the replacement, to the extent that will be determined before the act of the replacement is finalized. The transferor and the transferee are jointly liable for the payment of the balance of the price as well as the amounts referred to in point (d) of this Article. It is understood that, pursuant to art. 944 of the Navigation Code, replacement will be possible only with the consent of the carrier.
9.2 In any case, the Tourist who demands a change of an item relating to a service already confirmed and provided that the request does not imply contractual netting and that it is possible to implement it, shall pay to the Tour Operator a fixed lump sum in addition to the expenses resulting from the change.
10) Obligations of tourists
1. During the negotiation phase and before the conclusion of the contract, Italian citizens are provided in writing with general information – updated to the time of the printing of the catalog - regarding sanitary obligations and documentation required for the expatriation.
2. For the rules on international travel for children, please refer explicitly to the information provided on the State Police website or, for foreigners, to the local authorities. It should be noted, however, that children must be in possession of a valid personal document for leaving the country, i.e. a passport, or, for residents of EU countries, identity cards valid for leaving the country. As for the international travel of minors aged 14 or younger and the international travel of minors who require the authorization issued by the Judicial Authority, the regulations stated on the State Police site must be followed.
3. Foreign nationals should look for the relevant information through their diplomatic representations in Italy and / or their respective official government information channels. In any case, tourists should check for updates of that information with the competent authorities before departure (for Italian citizens, the local offices or the Ministry of Foreign Affairs or the Telephone Operations Center at +39.06.491115), and adjust to them before the trip . If a tourist fails to perform such checks, the intermediary or the organizer will hold no liability for failed departure of one or more tourists.
4. Tourists must in any case inform the intermediary and the organizer of their citizenship at the time of booking of the tourist package or touristic service and upon departure they will have to make sure that they have all the vaccination certificates, their personal passports and any other documents valid for all countries included in the itinerary, as well as any visas, transit and health certificates that may be required.
5. Furthermore, in order to assess the social, political and health security situation and any other useful information about destination countries and therefore to assess the feasibility of the services purchased or meant to be purchased, it will be the tourist’s responsibility to look for the official general information at the Ministry of Foreign Affairs. This sort of information is not contained in the tourist operators’ catalogs - online or printed - as they contain descriptive general information as set out in art. 38 of the Italian Tourism Code and not information that is susceptible to changes. Therefore, acquiring such information shall be the Tourist’s responsibility. 10.6 If, at the date of reservation, the chosen destination turns out to be a place that is currently not recommended for security reasons, as determined by official information channels, the traveler who subsequently would have to withdraw from the contract will not be able to invoke, for the purpose of exonerating or reducing the claim for compensation for withdrawal, the failure of the contractual cause related to the country's security conditions.
6. Tourists shall also observe the rules of normal prudence and diligence, especially those that are specific for the destination countries, as well as the information provided by the organizer, regulations and administrative or legislative provisions regarding the tourist package. Tourists will be held responsible for any damages that the organizer and / or the intermediary would suffer as a result of the failure to comply with the above obligations, including the return costs.
7. The tourist is required to provide the organizer with all the documents, information and items in his possession useful for the exercise of rights of subrogation against third parties responsible for the damage and is liable to the organizer for the prejudice to the right of subrogation.
8. The tourist will also inform the organizer in writing, upon the proposal of a tourist package and therefore before issuing the booking confirmation by the organizer, of any particular personal requests that may be subject of specific agreements regarding travel arrangements, provided that it is possible to implement them.
11) Hotel classification
1. The official classification of hotel structures is provided in catalog or other information material based only on express and formal indications by the competent authorities in the country where the service is provided. In the absence of official classifications as recognized by the competent public authorities of the countries, including members of the EU, to whom the service refers, or in the case of facilities marketed as "Tourist Village," the organizer reserves the right to provide a description in the catalog or in the brochure of the accommodation structure, so that the tourist can assess and consequently accept it.
12) Liability regime
1. The organizer is liable for damages caused to the tourist due to total or partial failure to perform services from the contract , whether they are performed by the organizer or by third party service providers, unless he proves that the event is derived by the tourist (including initiatives taken independently during the execution of the tourist services) or by a third party of an unforeseeable or inevitable nature, from circumstances beyond the scope of the provision of the services prescribed by the contract, by accident, by force majeure, or by circumstances that the organizer could not reasonably foresee or resolve according to professional diligence. The intermediary with whom the tourist package was stipulated is not in any way held liable for the obligations relating to the organization and execution of the journey and is solely responsible for the obligations arising from his intermediary quality, which are within the limits set forth by the relevant law provisions, including warranty obligations set out in art. 50 and except for the exemptions provided for in art. 46 Cod. Tur.
13) Limits of compensation
1. The damages referred to in Art. 44, 45 and 47 of the Tourism Code and the relevant terms of limitation are governed by the provisions of the CCV, the international conventions regulating the benefits covered by the tourist package as well as Articles 1783 and 1784 of the Italian Civil Code, with the exception of the damage to the person not subject to a predetermined limit.
14) Obligation to assist
1. The organizer shall promptly provide any remedy useful to the assistance of a tourist experiencing difficulties according to the criteria of professional diligence with exclusive reference to his obligations under law or contract law, except the right to compensation for damages where the incorrect performance of the contract is attributable to the latter. The organizer and the intermediary are exonerated from their respective responsibilities (Articles 15 and 16 of these General Conditions) when the failure or incorrect execution of the contract is attributable to the tourist or occurs due an unforeseeable or unavoidable event deriving from a third party or one caused by a fortuitous case or force majeure.
15) Complaints and claims
1. Any failure to execute the contract must be challenged by the tourist during the use of the package so that the organizer, his local representative or the accompanying person can provide a prompt remedy. Otherwise, compensation for damage will be reduced or excluded pursuant to art. 1227 c.c. Without prejudice to the above obligation, the tourist may also file a complaint by sending to the organizer or the seller a registered letter with the receipt, no later than ten working days from the date of return to the place of departure.
16) Insurance against cancellation and repatriation charges
1. Unless it is expressly included in the price, it is possible and recommended to obtain a special insurance policy against the costs of package cancellation, injuries and/or illnesses including costs of repatriation, and loss and / or damage to luggage. Rights arising from insurance contracts must be exercised by the tourist directly towards the insurance companies with which the policy was purchased, under the terms and conditions laid down in the policies, as set out under the policy conditions published in catalogs or brochures made available to the Tourist at the time of departure.
17) Instruments for alternative resolution of disputes
1. For the purposes and under the effects referred to in art. 67 of the Italian Tourism Code, the organizer shall be able to propose to the tourist - in the catalog, in documents, on the website or in any other form - alternative ways of resolving disputes. In this case, the organizer shall indicate the type of alternative resolution proposed and the effects that it entails.
18) GUARANTEES TO THE TOURIST (Art. 50 and 51 of the Tourist Code)
1. Organized tourism contracts are supported by appropriate guarantees provided by the Organizer and the Travel Agent which, for both international and national travels, guarantee the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist in case insolvency or bankruptcy of the intermediary or organizer. Details regarding the legal entity which is required to provide the guarantee on behalf of the Organizer shall be listed in the Tour Operator's catalog and / or website and may also be indicated in the booking confirmation of the services requested by the tourist / traveler.
19) Operational changes
1. Considering the catalogs containing information on how to use the services are published very far ahead of the departure, it should be noted that the timetables and flight routes indicated in the proposal of the services may be subject to variations as they are in any case subject to a subsequent validation. Therefore, the tourist / traveler must request confirmation of the services at his / her agency prior to departure. The Organizer shall inform the passengers about the identity of the actual carrier(s) within the timeframe and in accordance with the provisions of Art. 11 of Reg.EC 2111/2005. (referred to in Article 3).
ADDENDUM - GENERAL CONDITIONS OF SINGLE TOURIST SERVICE SALES CONTRACT
a) Legal provisions
Contracts that have the sole purpose of providing a single transportation service, accommodation only service, or any other separate tourist service, as they cannot be considered as a negotiating arrangement of a travel organization or a tourist package, are regulated by the following provisions of the CCV : Art. 1, n. 3 and n. 6; articles from 17 to 23; articles 24 to 31 (limited to parts of these provisions that do not refer to the organization contract) and other arrangements specifically related to the sale of the single service contracted. A vendor who undertakes to provide to a third party a separate tourist service, which may be done in electronic form, is obliged to issue to the tourist all documentation pertaining to the service, which shall include the sum paid for the service, shall in no way be considered as travel organizer.
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, paragraphs 1 and 2; art. 10; art. 15. The application of these clauses does not absolutely determine the configuration of the relevant services as the subject of a tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, travel etc.) should therefore be understood with reference to the corresponding figures in the sales contract of individual tourist services (vendor, stay, etc.).
Data Protection Directive 95/46/EC and the subsequent amendments
Personal data processing, which is required for the conclusion and execution of the contract, is carried out in full compliance with the European Data Protection Directive 95/46/EC and subsequent amendments in paper and digital form. The customer may at any time exercise the rights of that particular European Directive by contacting the data controller: Xplore s.r.l., based in Turin (Italy), Via Matteo Pescatore 9 / b, tax code and VAT number 088568420015, email: email@example.com.
Obligatory notification pursuant to Article 17 of the Italian Law No. 38/2006.
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