Vermietung von Villen
und Landhäusern mit Pool
für deine Ferien
und Landhäusern mit Pool
für deine Ferien
ALLGEMEINE GESCHÄFTSBEDINGUNGEN
LEGISLATIVE RESOURCES
The sales transaction of tourist packages, with the object of providing services both nationally as well as abroad, is regulated by L. 27/12/1977 n° 1084 by ratification and implementation of the International Convention relative to travel contracts (CCV) signed in Brussels on 23.04.1970 – where applicable – as well as by the Consumer code (articles 82-100 of Legislative decree 06/09/2005 n° 206 and subsequent amendments).
AUTHORIZATIONS
The organiser and the vendor of the tourist packages, to whom the client refers, must be authorised for providing their respective services under the applicable administrative legislation.
DEFINITIONS
In this contract the terms below are intended as follows:
a) organiser of the tourist packages: the subject responsible for the combination of elements specified in article n° 4 below, and who binds himself, on behalf of himself and against money consideration, to obtain tourist packages for third party;
b) vendor: the subject responsible for selling, or binds himself to obtain tourist packages carried out as indicated in article n° 4 below against money consideration;
c) client of tourist packages: the buyer, the transferee of a tourist package or anyone, also to be named, on behalf of whom the main contractor binds himself to buy a tourist packages in absence of remuneration.
CONCEPT OF TOURIST PACKAGE
The concept of tourist package is the following:
“Tourist packages regard trips, vacation holidays and “all inclusive” stays, resulting from the prefixed combinations of at least two elements indicated as follows, sold or offered at a flat rate price, with a duration of over 24 hours or extending over a period of time that comprises at least one night:
a) transportation;
b) accommodations;
c) additional tourist services not included in transportation or accommodation that constitute a significant part of the tourist package” (art. 84 Consumer code).
The client has the right to receive a copy of the sales contract of the tourist packages (according to articles 85 and 86 of the Consumer code), which is also the document necessary for accessing the guarantee under article 20 of these general contract conditions.
OBLIGATORY INFORMATION – DATA SHEET
The organiser must insert a data sheet in the catalogue or in the programme not included in the catalogue. The obligatory information to be inserted in the data sheet in the catalogue or in the programme not included in the catalogue includes:
- reference data for administrative authorization or, if applicable, the D.I.A. of the organiser;
- reference data for the insurance policy for third party liability;
- valid period of the catalogue or of the programme not included in the catalogue;
- methods and conditions for traveller substitution (regulated by article 89 of the Consumer code);
- parameters and methods for trip price adjustment (regulated by article 90 of the Consumer code).
Moreover, the organiser must inform the passengers of the identity of the effective carrier(s) in the respect of the times and modalities provided for by the article 11 of Reg. CE 2111/2005.
RESERVATIONS
The request for reservations must be written on specific contract forms, if it be the case also in electronic form, completed in each part and signed by the client, who will receive a copy. The reservation agreement is subject to the availability of seats and is valid only, with consequent conclusion of the contract, at the moment DREAM HOLIDAYS sends relative confirmation, which may be sent by fax or e-mail.
The information relative to the tourist package not included in the contract document, in the booklets or in other means of written communication, will be provided by the organiser before the client’s departure, in the regular fulfilment of its obligations as provided for by article 87, paragraph 2 of the Consumer code.
The person, who signs the booking form, will be responsible for the payment for the entire group of clients as indicated in the booking form and for the actions of all the members of this group during the holiday period.
PAYMENT
On reservation the client must make a down payment of 25% of the price of tourist package. The down payment must be made within two working days from the booking date. The balance must be paid at least 45 days before the client’s departure.
In case of reservations done in less than 45 days before the departure date, the client must pay the entire price in full at the time of the booking.
The payments must be made by credit card or by bank transfer to DREAM HOLIDAYS’ bank account; all additional costs and, in any case, relative to banking transactions may not be charged to DREAM HOLIDAYS; the eventual charge of these costs to DREAM HOLIDAYS shall constitute unfair reduction of the stipulated payments and shall be considered incomplete payment of the stipulated price and therefore non-fulfilment of the contractual obligations assumed upon requesting the reservation; this breach of contract shall entitle DREAM HOLIDAYS to rescind the contract in accordance with the present contract conditions.
Any additional costs charged to the client, such as obligatory expenses to be paid in loco, or security deposits, shall always be indicated in the notes and details of the offer, published in the catalogue.
PRICE
The price of the tourist package is determined in the contract on the basis of the information given in the catalogue (printed or on-line), or in the programme not included in the catalogue, on any updates of these catalogues or programmes not included in the catalogue.
The price may be subject to change up to 20 days before the date of departure and only in consequence to the variation of:
- cost of transport, including fuel costs;
- rights and taxes on certain types of tourist services, namely landing tax, disembarkation or embarkation of passengers in ports or airports;
- changes in currency taxes applied to the package in question.
For such variations reference shall be made to exchange rates and to the above mentioned costs valid at the date of publication of the programme, as reported in the data sheet in the catalogue.
The aforementioned variations shall be applied on the fixed price of the tourist package in the percentage expressly indicated in the catalogue or programme data sheet.
In any case, the price adjustment may not, in any case exceed 10% of the original price.
MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE
Before the client’s departure, if the vendor must significantly modify one or more elements of the contract, immediate written notice must be given to the client, indicating the type of modification and the subsequent price variation.
In the case of non acceptance by the client of such modification(s), the client may either request restitution of the sum already paid or an alternative tourist package in accordance with subsequent article 10.
The client can exercise the above mentioned rights when cancellation is due to failure to reach the minimum number of participants indicated in the Catalogue or in the Programme not included in the Catalogue, or due to force majeure or fortuitous events, relative to the purchased tourist package.
For the cancellations other than those caused by force majeure, fortuitous events or the failure to reach the minimum number of participants, as well as for those not due to the client’s failure to accept the alternative tourist package offered the organiser who cancels (Article 33, letter e, Consumer code) must reimburse the client double the amount paid by the same and collected by the organiser, through the travel agent.
The reimbursed amount may never be greater than double what the client may owe as of the same date, under paragraph 4 of article 10, in the case where the client demands cancellation.
WITHDRAWAL BY THE CLIENT
In accordance with the article 64 of the Legislative decree 206/2005, in case of distance contract or contract negotiated outside of the office premises the client may withdraw from the contract within 10 working days from the date of the agreement, without penalty, by sending:
a) a registered letter (with proof of acknowledgement requested) or b) a telegram or a fax or an e-mail to the vendor.
If he uses one of the modalities indicated at the above-mentioned point b), the client must send for confirmation, within the following 48 hours, a registered letter (with proof of acknowledgement requested). In this case the client is entitled to the reimbursement of the sums paid, included the down payment.
The sums must be reimbursed free of charge, as soon as possible and in any case within 30 days from the date on which the vendor was informed of the client’s decision to withdraw.
The sums are considered refunded upon actual reimbursement, having been sent or credited, with value date no later than the above mentioned time limit.
The client may withdraw from the contract, without penalty, in the following circumstances:
- price increase, under above mentioned article 8, in excess of 10% of the price;
- significant modification to one or more elements of the contract after the conclusion of this contract but before the departure and not accepted by the client which may be considered fundamental at the time of use of the total tourist package as proposed by the organiser.
In the above mentioned cases, the client alternatively has the right:
- to take advantage of an alternative tourist package, without supplemental charges or with the restitution of the additional cost, should the alternative package be of inferior value;
- to the restitution solely of the sum already paid. This restitution must be made within 7 working days from the moment of receiving the refund request.
The client must notify the organiser of his/her decision (to accept the modification or withdraw) within and not after 2 working days from the moment in which notification of the increase or modification is received. If notification is not sent within the aforementioned term, the offer proposed by the organiser is understood to be accepted.
The operating costs for the file management, the insurance premium if insurance has been requested by the client at the moment of the agreement and the cost of services already provided by the organiser will be charged to the client who withdraws from the contract before departure, except in above mentioned circumstances – regardless of the down payments made under article 7 – on the following conditions:
- 25% of the total price of the tourist package purchased, for cancellation up to 45 days before the arrival date,;
- 60% of the total price of the tourist package purchased, for cancellation from 45 to 30 days before the arrival date;
- 80% of the total price of the tourist package purchased, for cancellation from 29 to 15 days before the arrival date;
- 100% of the total price of the tourist package purchased, for cancellation from 14 to 0 days before the arrival date;
The payment of the above indicated penalty fees must be made to DREAM HOLIDAYS by the client even in the case where the client provides a substitute client.
Some of the services may be subject to different penalties, which will indicate at the moment of booking.
No reimbursement will be made to those who decide to interrupt a trip or holiday in course, neither will any reimbursement be given to those who cannot make the trip or take advantage of the holiday due to the lack or the inaccuracy of the necessary personal travel documents.
MODIFICATIONS AFTER DEPARTURE
After departure, should the organiser, finds that he/she is unable to provide for any reason, excluding a personal problem of the client, an essential part of the services provided for in the contract, he/she must provide alternative solutions, without additional cost to the contracting party and if the services provided are of an inferior value than those contracted, reimbursement equal to the difference must be made.
If no other alternative solutions are possible, or if the solution proposed by the organiser is refused by the client for proven and just cause, the organiser shall provide, at no additional charge, transportation equal to that originally envisioned for return to the location of departure or to a different location eventually agreed upon compatibly with the availability of the given means of transport and available seating/space, and shall reimburse the difference in cost of the contracted services and that of the services performed up to the moment of early re-entry of the client.
SUBSTITUTIONS
The withdrawing client may be substituted by another person provided that:
a. The organiser is informed in writing at least 4 working days before the set date of departure, simultaneously being informed of the reasons for the substitution and the generalities of the substitute.
b. The substitute satisfies all the conditions for use of the service (ex article 89 of the Consumer code) and in particular the prerequisites relative to passport, visa and health certificates;
c. The same services or other alternative services can be provided after the substitution;
d. The sub-entering person must reimburse the organiser for all additional expenses incurred to proceed with the substitution, in the amount quantified prior to the transfer.
The transferring party and the transferee are responsible jointly and severally for the payment of the balance of the price as well as the amounts indicated in letter d) of this article.
Further modalities and conditions for substitution are indicated in the data sheet.
OBLIGATIONS OF THE PARTICIPANTS
If requested, the participants must have a personal passport or other document valid for entry to all countries indicated in the itinerary, as well as entry and transit visa and any health certificates which may be required. .
Moreover, the participants must adhere to the rules of normal prudence and security and to the specific laws in force in the destination countries, to all the information provided to them by the organiser, as well as to the rules and administrative or legislative provisions relative to the tourist package.
The participants will be held responsible for any damages caused to the organiser due by non-fulfilment of the above mentioned obligations by the participants.
The client must provide the organiser all the documentation, information and the elements in their possession useful for exercising his/her right to subrogation with respect to third parties responsible for the damage and he is responsible to the organiser for any prejudice caused to his/her right to subrogation.
The client must also inform the organiser in writing, at the time of the reservation, any particular personal requests (pregnancy, food intolerance, handicaps, etc…) that may become subject of specific agreements regarding the trip conditions, providing it is possible to satisfy said requests.
CLASSIFICATION OF HOUSES/APARTMENTS
The official classification of the houses/apartments is provided in the Catalogue or in other informative material solely on the basis of the explicit and formal indications of the competent authorities in the country where the service is provided. In the absence of official classifications recognised by the competent public authorities of the countries - including member states of the EU - to which the service is referred, the organiser reserves the right to provide a description of the accommodations in the Catalogue or tourist brochure, so to permit an evaluation and consequent acceptance of the same by the client.
LIABILITY REGIME
The organiser is responsible for damages caused to the client due to partial or total non fulfilment of the contractual services due, whether provided personally by the organiser or by third party service providers, unless it can be proven that the event was caused by the client (including initiatives taken independently by the client in the course of the tourist services) or by extraneous circumstances to the services provided in the contract, a fortuitous event, force majeure or circumstances could the organiser could not, in accordance with professional diligence, reasonably foresee or resolve.
The vendor with whom the booking of the tourist package was made is not responsible in any case for obligations arising from the organisation of the trip, but is exclusively responsible for the obligations arising from his role as intermediary and, in any case, within the limits provided by the aforementioned laws or conventions for said responsibility.
LIMITS OF COMPENSATION
Compensation for damages can in no way exceed the limits indicated in articles 94 and 95 of the Consumer Code.
OBLIGATIONS TO PROVIDE ASSISTANCE
The organiser must provide the client with assistance in the measure required by the criteria of professional diligence, exclusively in reference to the obligations he/she is responsible for under law or by contract.
The organiser and the vendor are exempt from their respective responsibilities when the failed or inexact execution of the contract is attributable to the client or is dependent on an unforeseeable or inevitable outside event, or in the case of fortuitous events or force majeure.
COMPLAINTS AND CLAIMS
The client must report any fault in the execution of the terms of the contract delay so that the organiser, his/her local representative or guide can resolve the issue in good time.
To the contrary, non fulfilment of the contract may not be contested.
The client must – on penalty of lapse of rights – send a written complaint by registered mail with acknowledgement of receipt to the organiser or vendor, within and no later than ten working days from the date of return to the place of departure.
INSURANCE AGAINST THE CANCELLATION AND REPATRIATION COSTS
If not expressly included in the price, it is possible, and advisable, to stipulate special insurance policies that cover the costs due to cancellation of the package, accidents and luggage, at the moment of booking at the organiser’s or vendor’s offices. It is also possible to stipulate an assistance contract which covers the expenses of repatriation in case of accident or illness.
GUARANTEE FUND
The National Guarantee Fund (under article 100 of the Consumer code) instituted to protect the consumers in possession of a contract, addresses the following issues in case of insolvency or declared bankruptcy of the vendor or organiser:
a)refund of the price paid;
b)repatriation in case of trips to foreign countries;
The fund must also provide immediate economic resources in case of forced re-entry of tourists from non-European Countries during emergencies whether or not attributable to the organiser’s behaviour.
The course of action of the Fund are established by the decree of the President of the Council of Ministers n. 349 of 23/07/1999.
APPLICABLE LAW AND PLACE OF JURISDICTION
The present contract is regulated by Italian Law.
Any and all controversies referable to this contract shall be resolved under the exclusive jurisdiction of the Court of Urbino.
REGULATIONS RELATIVE TO SINGLE TOURIST SERVICES
The client states that he has examined the regulations, in the Catalogue, relative to the single tourist services making up the package, and states that he entirely accepts them.
ADDENDUM
GENERAL SALES CONTRACT CONDITIONS OF SEPARATE TOURIST SERVICES
PRESCRIPTIVE AGREEMENT
The contracts that only regard the offer of transportation services, accommodations or of any other separate tourist service cannot be considered as such the negotiation of an organised trip or tourist package, but as “travel intermediary” contracts. These contracts are regulated by the following dispositions of the CCV (Brussels Convention, 1970): art. 1, art. 3 and art. 6; arts. 17 to 23; arts. 24 to 31, as concerns provisions other than those related to the organisation contract, as well other agreements specifically referred to the sale of the single service, subject of the contract.
Art. 1 no. 3 of the CCV states "Intermediary Travel Contract" means any contract whereby a person undertakes to provide for another, for a price, either an organized travel contract or one or more separate services rendering possible a journey or sojourn.” and Art. 1 no. 6 defines "Travel Intermediary" as “any person who habitually or regularly undertakes to perform the contract defined in paragraph 3, whether such activity is his main business or not […].”
“Any contract concluded by a travel intermediary with a travel organizer or with persons providing separate services, shall be deemed to have been concluded by the traveller.” (Art. 17 CCV).
“The travel intermediary shall not be liable for non-performance, in whole or in part, of journeys, sojourns or other services governed by the contract.” (Art. 22 no. 3 CCV).
CONTRACT CONDITIONS
The following clauses of the above mentioned general sales contract conditions of tourist packages are also applied to said contracts: art. 6, commas 1 and 2; art. 7; art. 8; art. 9; art. 10; art. 11; art. 12; art. 13; art. 17; art. 19, art. 21 comma 2; art. 22.
The application of these clauses in no way determines the configuration of the relative contracts as tourist packages. The terminology of the above mentioned clauses relative to the tourist package contract (organiser, trip, etc.) is therefore understood with reference to the corresponding features of the sales contract for separate tourist services (seller, stay, etc.).
Date,
Dream Holidays Read, confirmed and undersigned
______________________________ ____________________________
The undersigned expressly approves the clauses under points:
also with reference to the addendum
as well as to letters A and B of the addendum
Read, confirmed and undersigned
______________________________ _____________________________
Information note under ex art. 13 Legislative decree 196/2003: The personal information of the signer of this contract and those of the other participants, which must be provided in order to guarantee that the same may use the services, subject of the purchased tourism package, shall be manually and/or electronically processed under the privacy act. Refusal to provide said data shall make it impossible to conclude the contract and provide the relative services. The data controllers are – subject to separate and different indications, which may be viewed in the catalogue and/or on the respective websites – the selling Agency and the organising Agency. Where necessary, disclosure of the data shall be made only to competent Authorities, correspondents or local representatives of the vendor or organiser, supplier of services which are part of the tourism package or, in any case subjects to whom the transmission of the data is necessary in relation to the conclusion of the contract and use of the relative services. The data may also be disclosed to tax consultants, accountants, lawyers for the fulfilment of legal obligations and/or for exercising rights in legal procedures. All of the rights under art. 7 Legislative decree 193/2003 may be exercised at any time.
Consequently, the undersigned expresses his/her consent to the process of his/her personal data, also with electronic and/or automated procedures suitable for organizing the data retained to be confidential, for processing by the Tour Operator.
Date
_________________________
__________________________
Obligatory communication under art. 17 of Law no. 38/2006 :
Under Italian Law crimes concerning child prostitution and pornography are punishable by imprisonment, even if committed abroad.
The sales transaction of tourist packages, with the object of providing services both nationally as well as abroad, is regulated by L. 27/12/1977 n° 1084 by ratification and implementation of the International Convention relative to travel contracts (CCV) signed in Brussels on 23.04.1970 – where applicable – as well as by the Consumer code (articles 82-100 of Legislative decree 06/09/2005 n° 206 and subsequent amendments).
AUTHORIZATIONS
The organiser and the vendor of the tourist packages, to whom the client refers, must be authorised for providing their respective services under the applicable administrative legislation.
DEFINITIONS
In this contract the terms below are intended as follows:
a) organiser of the tourist packages: the subject responsible for the combination of elements specified in article n° 4 below, and who binds himself, on behalf of himself and against money consideration, to obtain tourist packages for third party;
b) vendor: the subject responsible for selling, or binds himself to obtain tourist packages carried out as indicated in article n° 4 below against money consideration;
c) client of tourist packages: the buyer, the transferee of a tourist package or anyone, also to be named, on behalf of whom the main contractor binds himself to buy a tourist packages in absence of remuneration.
CONCEPT OF TOURIST PACKAGE
The concept of tourist package is the following:
“Tourist packages regard trips, vacation holidays and “all inclusive” stays, resulting from the prefixed combinations of at least two elements indicated as follows, sold or offered at a flat rate price, with a duration of over 24 hours or extending over a period of time that comprises at least one night:
a) transportation;
b) accommodations;
c) additional tourist services not included in transportation or accommodation that constitute a significant part of the tourist package” (art. 84 Consumer code).
The client has the right to receive a copy of the sales contract of the tourist packages (according to articles 85 and 86 of the Consumer code), which is also the document necessary for accessing the guarantee under article 20 of these general contract conditions.
OBLIGATORY INFORMATION – DATA SHEET
The organiser must insert a data sheet in the catalogue or in the programme not included in the catalogue. The obligatory information to be inserted in the data sheet in the catalogue or in the programme not included in the catalogue includes:
- reference data for administrative authorization or, if applicable, the D.I.A. of the organiser;
- reference data for the insurance policy for third party liability;
- valid period of the catalogue or of the programme not included in the catalogue;
- methods and conditions for traveller substitution (regulated by article 89 of the Consumer code);
- parameters and methods for trip price adjustment (regulated by article 90 of the Consumer code).
Moreover, the organiser must inform the passengers of the identity of the effective carrier(s) in the respect of the times and modalities provided for by the article 11 of Reg. CE 2111/2005.
RESERVATIONS
The request for reservations must be written on specific contract forms, if it be the case also in electronic form, completed in each part and signed by the client, who will receive a copy. The reservation agreement is subject to the availability of seats and is valid only, with consequent conclusion of the contract, at the moment DREAM HOLIDAYS sends relative confirmation, which may be sent by fax or e-mail.
The information relative to the tourist package not included in the contract document, in the booklets or in other means of written communication, will be provided by the organiser before the client’s departure, in the regular fulfilment of its obligations as provided for by article 87, paragraph 2 of the Consumer code.
The person, who signs the booking form, will be responsible for the payment for the entire group of clients as indicated in the booking form and for the actions of all the members of this group during the holiday period.
PAYMENT
On reservation the client must make a down payment of 25% of the price of tourist package. The down payment must be made within two working days from the booking date. The balance must be paid at least 45 days before the client’s departure.
In case of reservations done in less than 45 days before the departure date, the client must pay the entire price in full at the time of the booking.
The payments must be made by credit card or by bank transfer to DREAM HOLIDAYS’ bank account; all additional costs and, in any case, relative to banking transactions may not be charged to DREAM HOLIDAYS; the eventual charge of these costs to DREAM HOLIDAYS shall constitute unfair reduction of the stipulated payments and shall be considered incomplete payment of the stipulated price and therefore non-fulfilment of the contractual obligations assumed upon requesting the reservation; this breach of contract shall entitle DREAM HOLIDAYS to rescind the contract in accordance with the present contract conditions.
Any additional costs charged to the client, such as obligatory expenses to be paid in loco, or security deposits, shall always be indicated in the notes and details of the offer, published in the catalogue.
PRICE
The price of the tourist package is determined in the contract on the basis of the information given in the catalogue (printed or on-line), or in the programme not included in the catalogue, on any updates of these catalogues or programmes not included in the catalogue.
The price may be subject to change up to 20 days before the date of departure and only in consequence to the variation of:
- cost of transport, including fuel costs;
- rights and taxes on certain types of tourist services, namely landing tax, disembarkation or embarkation of passengers in ports or airports;
- changes in currency taxes applied to the package in question.
For such variations reference shall be made to exchange rates and to the above mentioned costs valid at the date of publication of the programme, as reported in the data sheet in the catalogue.
The aforementioned variations shall be applied on the fixed price of the tourist package in the percentage expressly indicated in the catalogue or programme data sheet.
In any case, the price adjustment may not, in any case exceed 10% of the original price.
MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE
Before the client’s departure, if the vendor must significantly modify one or more elements of the contract, immediate written notice must be given to the client, indicating the type of modification and the subsequent price variation.
In the case of non acceptance by the client of such modification(s), the client may either request restitution of the sum already paid or an alternative tourist package in accordance with subsequent article 10.
The client can exercise the above mentioned rights when cancellation is due to failure to reach the minimum number of participants indicated in the Catalogue or in the Programme not included in the Catalogue, or due to force majeure or fortuitous events, relative to the purchased tourist package.
For the cancellations other than those caused by force majeure, fortuitous events or the failure to reach the minimum number of participants, as well as for those not due to the client’s failure to accept the alternative tourist package offered the organiser who cancels (Article 33, letter e, Consumer code) must reimburse the client double the amount paid by the same and collected by the organiser, through the travel agent.
The reimbursed amount may never be greater than double what the client may owe as of the same date, under paragraph 4 of article 10, in the case where the client demands cancellation.
WITHDRAWAL BY THE CLIENT
In accordance with the article 64 of the Legislative decree 206/2005, in case of distance contract or contract negotiated outside of the office premises the client may withdraw from the contract within 10 working days from the date of the agreement, without penalty, by sending:
a) a registered letter (with proof of acknowledgement requested) or b) a telegram or a fax or an e-mail to the vendor.
If he uses one of the modalities indicated at the above-mentioned point b), the client must send for confirmation, within the following 48 hours, a registered letter (with proof of acknowledgement requested). In this case the client is entitled to the reimbursement of the sums paid, included the down payment.
The sums must be reimbursed free of charge, as soon as possible and in any case within 30 days from the date on which the vendor was informed of the client’s decision to withdraw.
The sums are considered refunded upon actual reimbursement, having been sent or credited, with value date no later than the above mentioned time limit.
The client may withdraw from the contract, without penalty, in the following circumstances:
- price increase, under above mentioned article 8, in excess of 10% of the price;
- significant modification to one or more elements of the contract after the conclusion of this contract but before the departure and not accepted by the client which may be considered fundamental at the time of use of the total tourist package as proposed by the organiser.
In the above mentioned cases, the client alternatively has the right:
- to take advantage of an alternative tourist package, without supplemental charges or with the restitution of the additional cost, should the alternative package be of inferior value;
- to the restitution solely of the sum already paid. This restitution must be made within 7 working days from the moment of receiving the refund request.
The client must notify the organiser of his/her decision (to accept the modification or withdraw) within and not after 2 working days from the moment in which notification of the increase or modification is received. If notification is not sent within the aforementioned term, the offer proposed by the organiser is understood to be accepted.
The operating costs for the file management, the insurance premium if insurance has been requested by the client at the moment of the agreement and the cost of services already provided by the organiser will be charged to the client who withdraws from the contract before departure, except in above mentioned circumstances – regardless of the down payments made under article 7 – on the following conditions:
- 25% of the total price of the tourist package purchased, for cancellation up to 45 days before the arrival date,;
- 60% of the total price of the tourist package purchased, for cancellation from 45 to 30 days before the arrival date;
- 80% of the total price of the tourist package purchased, for cancellation from 29 to 15 days before the arrival date;
- 100% of the total price of the tourist package purchased, for cancellation from 14 to 0 days before the arrival date;
The payment of the above indicated penalty fees must be made to DREAM HOLIDAYS by the client even in the case where the client provides a substitute client.
Some of the services may be subject to different penalties, which will indicate at the moment of booking.
No reimbursement will be made to those who decide to interrupt a trip or holiday in course, neither will any reimbursement be given to those who cannot make the trip or take advantage of the holiday due to the lack or the inaccuracy of the necessary personal travel documents.
MODIFICATIONS AFTER DEPARTURE
After departure, should the organiser, finds that he/she is unable to provide for any reason, excluding a personal problem of the client, an essential part of the services provided for in the contract, he/she must provide alternative solutions, without additional cost to the contracting party and if the services provided are of an inferior value than those contracted, reimbursement equal to the difference must be made.
If no other alternative solutions are possible, or if the solution proposed by the organiser is refused by the client for proven and just cause, the organiser shall provide, at no additional charge, transportation equal to that originally envisioned for return to the location of departure or to a different location eventually agreed upon compatibly with the availability of the given means of transport and available seating/space, and shall reimburse the difference in cost of the contracted services and that of the services performed up to the moment of early re-entry of the client.
SUBSTITUTIONS
The withdrawing client may be substituted by another person provided that:
a. The organiser is informed in writing at least 4 working days before the set date of departure, simultaneously being informed of the reasons for the substitution and the generalities of the substitute.
b. The substitute satisfies all the conditions for use of the service (ex article 89 of the Consumer code) and in particular the prerequisites relative to passport, visa and health certificates;
c. The same services or other alternative services can be provided after the substitution;
d. The sub-entering person must reimburse the organiser for all additional expenses incurred to proceed with the substitution, in the amount quantified prior to the transfer.
The transferring party and the transferee are responsible jointly and severally for the payment of the balance of the price as well as the amounts indicated in letter d) of this article.
Further modalities and conditions for substitution are indicated in the data sheet.
OBLIGATIONS OF THE PARTICIPANTS
If requested, the participants must have a personal passport or other document valid for entry to all countries indicated in the itinerary, as well as entry and transit visa and any health certificates which may be required. .
Moreover, the participants must adhere to the rules of normal prudence and security and to the specific laws in force in the destination countries, to all the information provided to them by the organiser, as well as to the rules and administrative or legislative provisions relative to the tourist package.
The participants will be held responsible for any damages caused to the organiser due by non-fulfilment of the above mentioned obligations by the participants.
The client must provide the organiser all the documentation, information and the elements in their possession useful for exercising his/her right to subrogation with respect to third parties responsible for the damage and he is responsible to the organiser for any prejudice caused to his/her right to subrogation.
The client must also inform the organiser in writing, at the time of the reservation, any particular personal requests (pregnancy, food intolerance, handicaps, etc…) that may become subject of specific agreements regarding the trip conditions, providing it is possible to satisfy said requests.
CLASSIFICATION OF HOUSES/APARTMENTS
The official classification of the houses/apartments is provided in the Catalogue or in other informative material solely on the basis of the explicit and formal indications of the competent authorities in the country where the service is provided. In the absence of official classifications recognised by the competent public authorities of the countries - including member states of the EU - to which the service is referred, the organiser reserves the right to provide a description of the accommodations in the Catalogue or tourist brochure, so to permit an evaluation and consequent acceptance of the same by the client.
LIABILITY REGIME
The organiser is responsible for damages caused to the client due to partial or total non fulfilment of the contractual services due, whether provided personally by the organiser or by third party service providers, unless it can be proven that the event was caused by the client (including initiatives taken independently by the client in the course of the tourist services) or by extraneous circumstances to the services provided in the contract, a fortuitous event, force majeure or circumstances could the organiser could not, in accordance with professional diligence, reasonably foresee or resolve.
The vendor with whom the booking of the tourist package was made is not responsible in any case for obligations arising from the organisation of the trip, but is exclusively responsible for the obligations arising from his role as intermediary and, in any case, within the limits provided by the aforementioned laws or conventions for said responsibility.
LIMITS OF COMPENSATION
Compensation for damages can in no way exceed the limits indicated in articles 94 and 95 of the Consumer Code.
OBLIGATIONS TO PROVIDE ASSISTANCE
The organiser must provide the client with assistance in the measure required by the criteria of professional diligence, exclusively in reference to the obligations he/she is responsible for under law or by contract.
The organiser and the vendor are exempt from their respective responsibilities when the failed or inexact execution of the contract is attributable to the client or is dependent on an unforeseeable or inevitable outside event, or in the case of fortuitous events or force majeure.
COMPLAINTS AND CLAIMS
The client must report any fault in the execution of the terms of the contract delay so that the organiser, his/her local representative or guide can resolve the issue in good time.
To the contrary, non fulfilment of the contract may not be contested.
The client must – on penalty of lapse of rights – send a written complaint by registered mail with acknowledgement of receipt to the organiser or vendor, within and no later than ten working days from the date of return to the place of departure.
INSURANCE AGAINST THE CANCELLATION AND REPATRIATION COSTS
If not expressly included in the price, it is possible, and advisable, to stipulate special insurance policies that cover the costs due to cancellation of the package, accidents and luggage, at the moment of booking at the organiser’s or vendor’s offices. It is also possible to stipulate an assistance contract which covers the expenses of repatriation in case of accident or illness.
GUARANTEE FUND
The National Guarantee Fund (under article 100 of the Consumer code) instituted to protect the consumers in possession of a contract, addresses the following issues in case of insolvency or declared bankruptcy of the vendor or organiser:
a)refund of the price paid;
b)repatriation in case of trips to foreign countries;
The fund must also provide immediate economic resources in case of forced re-entry of tourists from non-European Countries during emergencies whether or not attributable to the organiser’s behaviour.
The course of action of the Fund are established by the decree of the President of the Council of Ministers n. 349 of 23/07/1999.
APPLICABLE LAW AND PLACE OF JURISDICTION
The present contract is regulated by Italian Law.
Any and all controversies referable to this contract shall be resolved under the exclusive jurisdiction of the Court of Urbino.
REGULATIONS RELATIVE TO SINGLE TOURIST SERVICES
The client states that he has examined the regulations, in the Catalogue, relative to the single tourist services making up the package, and states that he entirely accepts them.
ADDENDUM
GENERAL SALES CONTRACT CONDITIONS OF SEPARATE TOURIST SERVICES
PRESCRIPTIVE AGREEMENT
The contracts that only regard the offer of transportation services, accommodations or of any other separate tourist service cannot be considered as such the negotiation of an organised trip or tourist package, but as “travel intermediary” contracts. These contracts are regulated by the following dispositions of the CCV (Brussels Convention, 1970): art. 1, art. 3 and art. 6; arts. 17 to 23; arts. 24 to 31, as concerns provisions other than those related to the organisation contract, as well other agreements specifically referred to the sale of the single service, subject of the contract.
Art. 1 no. 3 of the CCV states "Intermediary Travel Contract" means any contract whereby a person undertakes to provide for another, for a price, either an organized travel contract or one or more separate services rendering possible a journey or sojourn.” and Art. 1 no. 6 defines "Travel Intermediary" as “any person who habitually or regularly undertakes to perform the contract defined in paragraph 3, whether such activity is his main business or not […].”
“Any contract concluded by a travel intermediary with a travel organizer or with persons providing separate services, shall be deemed to have been concluded by the traveller.” (Art. 17 CCV).
“The travel intermediary shall not be liable for non-performance, in whole or in part, of journeys, sojourns or other services governed by the contract.” (Art. 22 no. 3 CCV).
CONTRACT CONDITIONS
The following clauses of the above mentioned general sales contract conditions of tourist packages are also applied to said contracts: art. 6, commas 1 and 2; art. 7; art. 8; art. 9; art. 10; art. 11; art. 12; art. 13; art. 17; art. 19, art. 21 comma 2; art. 22.
The application of these clauses in no way determines the configuration of the relative contracts as tourist packages. The terminology of the above mentioned clauses relative to the tourist package contract (organiser, trip, etc.) is therefore understood with reference to the corresponding features of the sales contract for separate tourist services (seller, stay, etc.).
Date,
Dream Holidays Read, confirmed and undersigned
______________________________ ____________________________
The undersigned expressly approves the clauses under points:
also with reference to the addendum
as well as to letters A and B of the addendum
Read, confirmed and undersigned
______________________________ _____________________________
Information note under ex art. 13 Legislative decree 196/2003: The personal information of the signer of this contract and those of the other participants, which must be provided in order to guarantee that the same may use the services, subject of the purchased tourism package, shall be manually and/or electronically processed under the privacy act. Refusal to provide said data shall make it impossible to conclude the contract and provide the relative services. The data controllers are – subject to separate and different indications, which may be viewed in the catalogue and/or on the respective websites – the selling Agency and the organising Agency. Where necessary, disclosure of the data shall be made only to competent Authorities, correspondents or local representatives of the vendor or organiser, supplier of services which are part of the tourism package or, in any case subjects to whom the transmission of the data is necessary in relation to the conclusion of the contract and use of the relative services. The data may also be disclosed to tax consultants, accountants, lawyers for the fulfilment of legal obligations and/or for exercising rights in legal procedures. All of the rights under art. 7 Legislative decree 193/2003 may be exercised at any time.
Consequently, the undersigned expresses his/her consent to the process of his/her personal data, also with electronic and/or automated procedures suitable for organizing the data retained to be confidential, for processing by the Tour Operator.
Date
_________________________
__________________________
Obligatory communication under art. 17 of Law no. 38/2006 :
Under Italian Law crimes concerning child prostitution and pornography are punishable by imprisonment, even if committed abroad.
