1) APPLICABLE LEGISLATION – LIABILITY
Travel contracts are governed by Legislative Decree no. 79 dated 23 May 2011 (the “Tourist Code”), by applicable provisions of the Italian Civil Code and by Regional Law no. 7 dated 31 March 2003. The liability of Travel Well in its capacity of travel organizer with respect to travellers and their property is governed by the above laws, and in no case may exceed the limits foreseen by the said laws.
2) BOOKING AND PAYMENT
Bookings will be accepted until all available places are filled. They will be considered valid only if confirmation is followed immediately by an advance payment of 25% of the total cost of the holiday. The balance must be paid no later than 20 days before the starting date of the holiday.Failure to pay the sums indicated above by the established date constitutes an express termination clause such as to determine rightful termination by the intermediary agency and/or the organizer.
As a guarantee of the total fulfilment of its obligations towards customers, Travel Well has stipulated a specific insurance policy with FILO DIRETTO ASSICURAZIONI - AMIERRECI Polizza n° 1505001413/T compliance with Art. 11 Regional Law no. 07 dated 31 March 2003.
4) CANCELLATIONS – INTERRUPTION OF HOLIDAYS
In the case of cancellation of the travel contract, Travel Well will apply the following penalties in addition to fees and expenses incurred by the cancellation of services:
– 25% of the total cost for cancellations reaching the organizing agency no later than 28 days before the date on which booked services are to commence;
– 50% of the total cost for cancellations reaching the organizing agency no later than 14 days before the date on which booked services are to commence;
– 75% of the total cost for cancellations reaching the organizing agency no later than 3 days before the date on which booked services are to commence;
– no refunds will be made after the above date.
Should the holiday by interrupted, no refunds will be made unless the group is able to present a specific declaration made by the hotel management authorizing reimbursement for unused ser vices. This procedure must be followed without fail and the organizing agency will reimburse only the amount authorized by the hotel, after having detracted any applicable agency fees.
5) WITHDRAWAL FROM CONTRACT WITHOUT PENALTIES
Holidaymakers may have the right to withdraw from the contract without incurring any penalties in the following circumstances:
– Increase in the price of the booked holiday greater than 10%;
– Significant changes in the contract requested by Travel Well after the contract itself has been agreed to. With reference to this, it is specified that holidaymakers must inform Travel Well in writing of their decision to accept or withdraw from the contract within 2 (two) working days from receipt of the proposed modification. In the case of withdrawal, holidaymakers will have the right to receive reimbursement of any money already paid or, alternatively, to be offered another holiday of equivalent quality.
Travel Well shall have the right to substitute hotels and/or localities with others of similar characteristics should this be made necessary by unforeseen circumstances. If such variations are not accepted, notification of which must be given within 2 (two) working days from receipt of the proposed variations, Travel Well shall be obliged only to reimburse any sums, already paid.
Holidaymakers must give notification of any shortcomings in the fulfilment of the contract without delay, so that Travel Well or its local representative may promptly rectify the situation. Any written complaints must be sent by registered letter with returned receipt note no later than 10 working days after return to the original place of departure, on penalty of loss of any right to claims. Since the catalogue is compiled many months before the effective supply of services, should any changes regarding descriptions have arisen in the meantime.
8) OBLIGATION OF PARTICIPANTS
Holiday participants must be in possession of a personal passport or some other document valid for travel in the countries to be visited, as well as any tourist and transit visas and health certification that might be required. They must also respect the normal rules of prudence and diligence, all information provided to them by the organizer and also any regulations and administrative or legislative requirements regarding their travel. Participants will be liable for all and any damages that may be incurred by the holiday organizer that may be caused by their failure to respect the above conditions. Travellers must provide the organizer with all documents, information and other elements in their possession required for the exercise of organizer’s right of subrogation with regard to third parties responsible for damages. The traveller is liable towards the organizer for any compromise to the right of subrogation. The consumer must also inform the organizer in writing, at the moment of booking, of any special personal requests that may be the subject of specific agreements on details of the holiday, as long as these requests are possible to implement.
Luggage travels at the risk of holidaymakers, and the organizing agency may under no circumstance whatsoever assume responsibility for any loss or damages incurred.
10) SALE OF SINGLE SERVICES
Contracts regarding the sale of single services (accommodation, transport, etc) and that therefore do not regard a tourist package, are governed by Travel Contracts art. 1 - 3 and 6, arts. 17 to 23 and arts. 24 to 31, with the exclusion of references regarding contracts for organized travel. The other general conditions of sale outlined above are also applicable, without constituting under any circumstances whatsoever a tourist package.
All prices are inclusive of 10% VAT and service charges. In the case of an increase in the VAT rate, prices must be modified accordingly. Prices do not include drinks, extras, tips, transfer expenses or excursions.
In the case of legal disputes, the court having jurisdiction will be that of Rimini, Italy.
13) NATIONAL GUARANTEE FUND
The Presidency of the Council of Ministers has constituted a National Guarantee Fund to which consumers may apply under the terms of Art. 51 of the Tourist Code, in the case of insolvency or bankruptcy of sellers or organizers, for the protection of these rights:
The fund must also ensure immediate availability of economic assistance in the case of obligatory return of holiday makers from non-European Union countries due to emergencies ascribable or otherwise to the conduct of the organizer.
14) PRIVACY - DECLARATION UNDER TERMS OF ART. 13 LEGISLATIVE DECREE 196/03
In compliance with current laws of privacy, Travel Well guarantees the maximum confidentiality of data provided. These will be treated in compliance with art. 11 of Legislative Decree 196/03
15) OTHER MATTERS
Any other matters not expressly covered by the above General Conditions shall be governed by the legislation refered to in section 1.Obligatory communication in compliance with Article 17, Law 38, 6 February 2006: Italian law punishes offences involving prostitution or juvenile pornography with imprisonment, even if committed abroad.