given that:

a) decree N.206 issued on 2005 for the Direttiva 90/314/CE requires those selling package holidays to possess administrative authorization (art./1 lett. ad.lgs 206/05) and
b) the customer has the right to a copy of the package holiday contract (art.6 d.lgs 206/05), which is essential to apply for the indemnity fund (article 18 of this T&C)
The object of a package holiday (art. 2/1 d.lgs 206/05) is a journey, holiday and all-included services resulting from the agreed combination of at least two of the following, sold or offered at a flat rate price and lasting over 24hours: a)transport; b)accommodation;

c)other services not related to transport or accommodation but integral to the “package holiday”.

 

Package holiday contracts are regulated by law n1084 27/12/1977 and by Decree 206/05. Other services offered are regulated by laws applying to a specific area - for example air, road, rail and sea transport, etc.

 

Bookings must be recorded on a contract form, electronic if necessary, completed and signed by the customer, who will receive a copy. Bookings are accepted and contracts are effective when Viaggi da Raccontare Agenzia Viaggi e Turismo sends written (or e-mail)confirmation. Further information on regulations relating to “package holidays” will be given by AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency before the holiday begins.

4. Payment

On booking customers must pay a deposit (25% of the full holiday price). All payments must be received 30 days before departure. If booking takes place in the 30 days before departure the whole sum due must be payed on booking. Failure to pay within the dates indicated above is an explicit let-out clause which gives AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency right of rescission of contract.

 

Prices are indicated in the contract and refer to those indicated in the catalogue, programme or revised editions of them. They can be changed up to 20 days before departure and for the following causes only: increase in cost of transport ,including cost of petrol, of duties on landing, boarding and disembarking in airports and ports, of exchange duties applicable to package holidays. Price variations are referred to those printed in catalogues, programmes or any revised editions of them. Variations to the package holiday price must occur within the percentage indicated in the price list.

6. Customer Withdrawal

The customer has the right to withdraw, free of charges, for the following reasons: increase of price by over 10% (see above): modification of one or two essential contractual elements before departure that are not accepted by the customer. Customer has the right to a)an alternative package holiday, free of supplement and reimbursable if exceeding original price; b)refund of sum already paid. Refund must be paid within 7 working days of claim. The customer's choice must be communicated within 2 working days of receiving notification of change or increased price. Failure to do so will mean acceptance of terms offered by AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency . In the case of customer's cancellation the following charges are to be calculated on the total holiday price and deducted from the refund:

 

 

If, before the date of departure, AREA VIAGGI E VACANZE by Eridio Holiday  Travel Agency indicates its inability to offer one or more services included in the package holiday and offers an alternative solution, the customer has the right to accept it or to a refund of the sum already paid (see article 6). Any significant changes to the package holiday or to one of its services must be accepted by the customer. Changes requested by the client when bookings have already been accepted do not oblige the agency to satisfy them if it should not prove possible to do so. In any case for any change requested by the client there is a fixed €15 charge. Changes to hotel board basis, change of hotel, reduction of holiday duration , change to departure date or to number of participants are included. Reduction of the number of people in a group is treated as a “partial cancellation” (ex.art 6).

 

If, after departure, AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency is unable to offer, for any reason, services included in the contract, alternative solutions, free of charge and refundable if price is higher than the original, must be offered.

 

A customer may be substituted by another person provided that: a) AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency is informed with a written document at least 4 days before date of departure, b)the substituting customer complies with all the conditions set out in the contract and c)the substituting customer refunds AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency all substitution costs. If a third party should not accept substitution, even though it has taken place within times indicated in a) AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency has no responsibility but will inform those involved before date of departure.

 

Customers must have proof of identity valid for travel, visas and medical certificates if required. They must observe good conduct rules and laws of the country of destination, all indications given by AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency and all conditions included in the “package holiday”contract.
All customers are liable for damage AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency  may suffer as a result of their transgressing any of the above obligations. In this case customers must provide AREA VIAGGI E VACANZE by Eridio HolidayTravel Agency with all documents and information necessary to exercise right to subrogation against those causing the damage and are responsible for any prejudice of it.
On booking, customers must write to AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency to inform it about any personal requests which may give rise to specific agreements whenever possible.

 

Hotel rating is indicated in catalogues and is based on information given by local authorities.

 

AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency is liable for damage caused to customers by total or partial failure to comply to contractual obligations, unless it is proved that such failure was caused by the customer or by external factors which AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency could not reasonably have foreseen or solved.

 

AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency is obliged to assist its customers exclusively within the limits indicated by law or contract. AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency is exempt from liability (art.12) when failure to comply to contractual obligations is caused by the customer or external factors which could not have been foreseen or solved.

 

Customers must notify any fault or failure in order to enable AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency, its local representative or the tour leader to solve the problem immediately. Customers can make an official complaint by writing to AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency within 10 working days of return date through local agency. The letter must be sent via certified mail with advice of delivery.

 

 

AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency of the Province of Brescia as Organizer and in compliance to art 20, Dlg 17/03/95, stipulated insurance policy N° 100067110 with Navale Insurance for civil liability in cases indicated in law n 1084 of 27/12/77 regarding agreement mentioned in art.1 of these Terms and Conditions.

 

It is possible and advisable to stipulate a special insurance policy for cancellation charges and injuries. These are not included in the package price and have to be stipulated, on booking, in the offices of AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency. Insurance for loss of property, stolen property and damage to luggage is also available.

 

In case of insolvency or declared bankruptcy by AREA VIAGGI E VACANZE by Eridio Holiday Travel Agency, customers can refer to the National Indemnity Fund established at the Direzione Generale per il Turismo del Ministero delle Attivita' Produttive (Ministry of Trade) for be obtain a refund of sum already paid. Indemnity Fund intervention has been regulated by the “decreto del Presidente del Consiglio dei Ministri” of 23/07/99 (G.U. n.249 of 12/10/1999 in compliance with art.21 n.5 D.lgs. n.111/95).

A) Legislation

Contracts dealing with any single service which cannot be taken to be a contractual case in point of a “package holiday” are regulated by the following CCV legislation: art.1, n.3 and n.6, art. 17-23; art.24-31 in cases not indicated in the organization contract and other agreements in relation to the sale of the single service which is the object of the contract.

 

B) Contrat Conditions

The following clauses from the “Package Holiday Terms and Conditions” can be applied to these contracts: art.4 point 1, art.5, art.6, art 7, art.8, art.9, art.10 point 1, art.11, art.15, art.17. Application of these clauses does not give these contrast status of “package holidays”. Words used in the clauses referring to specific figures within the package holiday contract (organizer, journey etc.) are here to be interpreted as referring to the corresponding figures within the single service offered.

Programmes completed in compliance to art. 10 of “Package Holiday” of Regional Administration of Lombardia. (Regional law of 16th september 1996 n. 27)

Technical organization by AREA VIAGGI E VACANZE  Travel Agency T.O. Sabbio Chiese (Bs) Italy, authorized by the Provincial Administration of Brescia N° 4020.