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General conditions of package tour sales contract

Legislative sources. 
The sale of package tours which have the objective of providing services in Italy and abroad is regulated by Law 27/12/1977 no. 1084, ratified and implemented by the International Convention on travel contracts (CVV) signed in Brussels on 23.4.1970 –  as applicable – as well as by the Consumer Code enshrined in the Decree no. 206 of the 6 September 2005 (articles 82-100) and its subsequent modifications.

The liability of Sapori d’Italia Incoming is regulated by the above norms and may in no case exceed the envisaged limits.  If the package tour is not used because of the client’s default and/or due to any damage deriving from services provided by outside third parties and which are not part of the package tour, or which derive from independent initiatives undertaken by the client during the tour, the organisation will not be held responsible.

Transfer of the contract.
A traveller who cannot make use of the tour booked may transfer his/her reservation to a person who satisfies all the conditions envisaged, on condition that this is communicated to the organisation at least 4 days before the date of the start of the trip.

Withdrawal and cancellation.
The client has the right to withdraw from the contract without penalty in the following cases:
Increase in the prices of the package of more than 10%; significant change of one or more elements of the contract considered essential to the end of the use of the tour package as a whole, where such a change is proposed by the organisation after the conclusion of the contract but before departure and not accepted by the consumer.  To this end the traveller must provide, in a written communication to the organiser, his/her decision to accept or withdraw within two working days after receiving the proposed change.  Where there has been no such express communication within the stated limits, the proposal of the organiser is understood to be accepted.

If the client withdraws from the contract for reasons different from those outlined above, he/she will be subject to the following penalties for cancellation of the services:

  • from the day after the conclusion of the contract to 30 days before the date of departure, no penalty
  • from the 29th to the 20th day before departure, 30% of the total services booked
  • from the 19th to the 10th day before departure, 50% of the total services booked
  • from the 9th to the 4th day before departure, 75% of the total services booked
  • 100% of the booking after this deadline

Any deficiency in the execution of the contract must be reported by the consumer without delay, so that the organiser can take steps immediately to solve the problem. The consumer must present the complaint directly to the organiser, or the complaint will not be taken into consideration; only later, if no steps have been taken, can the complaint be made by registered letter with advice of receipt to the organiser within ten working days of the date of return from the trip, at the place of departure.

In addition to the mandatory third party insurance cover, if there is an express request by the client at the moment of signing the contract through the relevant contractual form, the organiser will provide further insurance cover (Insurance and Assistance for Tourists).

The category of hotel included in the package tour purchased refers to the official classification of the country where the hotel is located. If for any reason, not directly attributable to the organiser, the hotel company is unable, on the client’s arrival, to guarantee the accommodation previously booked and confirmed, the company must make other arrangements for the client in suitable accommodation (understood as a substitute hotel and a different type of room), of the same category or of a higher category.

Price of the package tour
The price of the package tour is fixed in the contract, with reference to the indications in the offer viewable on the website.  The price may be altered up to 20 days before departure and only as a result of variations in:

  • Transport costs, including fuel costs
  • Charges and taxes on some types of tourist services, such as duty, landing taxes, disembarkation or boarding  taxes at ports and airports
  • Exchange rates applied to the package in question

For these variations reference will be made to the exchange rate and the costs referred to above in force on the date of publication of the offer.

Method of payment
On accepting the package tour the client will pay 25% of the total cost as a deposit on the services booked, by means of bank transfer and/or postal order.
The balance will be paid later according to the date of booking and in any case within 30 days of the departure date relative to the provision of the services.
For bookings made less than 30 days and up to 7 days before the departure date, the balance must be paid within 5 days of the booking.
For bookings made less than 7 days before the departure date, the balance must be paid within 24 hours before the departure date.
Failure to pay the aforementioned sums by their deadline dates constitutes an expressed cancellation clause, so that the organiser may legally cancel the contract.

For tour packages which envisage the client’s passage through the territory of countries adhering to the SCHENGEN agreement, the border police may require to see an identity document.

Place of jurisdiction:
Italian law applies. The contract between Sapori d’Italia and the commissioning subject is governed only by Italian legislation. The place of jurisdiction is the judiciary branch of Verbania.