Via G. Leonardelli, 3 47891 Dogana (RSM)

General Conditions

General Conditions

General Conditions

1. TOURISTIC PACKAGE

The touristic packages focus on travels and vacations "all included" resulting from the planned combination of at least 2 of the following elements, sold and offered at an ideal price, which lasts more than 24 hours, at least comprehensive of one night: a) transportation b) accommodation c) touristic services not concerning the transportation nor the accommodation, but included in the package offer.

2. LEGISLATIVE SOURCES

The purchase and sale of the touristic package which services concern both national and international territories, will follow the Travelling International agreement rule (CCV) signed in Brussel, the 23rd April,1970, since then applicable.

3. RESERVATIONS

The reservations are to be effectuated directly at Azimut Tour Operator Srl until the availability's depletion. The acceptation will depend on the availability and it is always to be concluded with the relative signing of the contract only after the company's confirmation form sent also by telematic system.

4. PAYMENTS

 Unless otherwise agreed between the parties, while booking, the client must pay the 30% of the total amount. The balance is due to the company within 30 days from the departure date. For reservations made during thirty days preceding the departure date, the entire amount is due to Azimut Tour Operator Srlduring the booking procedure. In case of lacking of payment within the specified time, Azimut Tour Operator Srl will have the right of resolution with consequent fine implementation for the specific case.

5. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE THE DEPARTURE

In case of the modification of the contract actuated by Azimut Tour Operator Srl, who needs to significantly change one or more essential elements of the contract, like the established price, Azimut Tour Operator Srlwill immediately communicate to its clients the changes. Therefore we consider significant the increase of at least the 10% of the amount. In case the client does not accept the increase of the price proposed, he/she will have the right to obtain the given advanced sum back and the company will offer him/her a sostitutive touristic package, according to the 2nd and 3rd clause, communicating his/her decision within the following 2 working days. Azimut Tour Operator Srl can cancel the contract in case the number of participants is not reached at least 20 days before the departure date.

6. ANNULMENT AND PENALTIES

The buyer who withdraws from the contract prior to departure outside of the assumptions listed in the first paragraph shall be charged - regardless of the advanced payment treated in the 4th clause- the cost of management practice, quantified separately, and a penalty, calculated on the total amount of the booked services to the following extent: : -10% of the total amount within 30 working days before the service starting- 30% of the total amount within 21 working days before the beginning of the services- 50% of the price within 11 working days before the beginning of the services -80% of the price within 3 working days before the beginning of the services - no refund after this date (no show). Those penalties are always subject to possible penalties conditions for the cancellation of the documents or the individual services expressed by Azimut Tour Operator Srl in the proposal and/or offer stage and accepted by the client through the confirmation of the above documents and services.


7. AFTER DEPARTURE MODIFICATIONS

Azimut Tour Operator Srl, in case of missing services after the departure, except if due to the buyer, will propose alternative solutions, without surcharging over the customer and if the alternative services are of lower value compared to those stipulated, there will be a refund. If it is not possible any alternative solutionor Azimut Tour Operator Srl’s alternative solution is rejected by the client for serious and justified reasons, Azimut Tour Operator Srl will offer a free-charge transportation service, back to the departure location or to another agreed different location, in accordance with the availability of the transportation and the location and it will be refunded up to the amount of the total services offered until the moment of the anticipated return date.


8. PARTICIPANTS DUTIES

The participants must bring their passports or other international-valid documents, as well visas and transit visas and sanitary certifications, if required. They will also have to observe general prudency and diligence rules, be aware of the organization informative main focuses and pay attention to the administrative and legislative dispositions related to the tourist packages. The participants will be responsible of any-non-observance of the previous rules.
The consumer must provide the organizer with all documents, information and evidence in its possession relevant to the exercise of the right of subrogation of the latter against those responsible thirds of the loss and is responsible to the organizer of the prejudice caused to the right of subrogation. The costumer will also communicate in writing to the organizer at the time of booking, of any special personal requests that may be the subject of specific agreements on the travel arrangements, according to the actual realization.


9. HOTEL CLASSIFICATION

The official classification of hotels is provided in the catalogue or in other informative material based on the explicit and formal indications of the competent authorities of the country where the service is supplied and provided by the service provider. In the absence of official classifications recognized by the competent public authorities of EU member states where the service is provided, the organizer reserves the right to provide its own description of the accommodation in order to judge and eventually the service offered


10. RESPONSIBILITY REGIME

The organizer is only liable for damages caused to the client due to a total or partial non-respected contract, either the non-given service, , whether these be performed by himself or by third party service providers,unless the problem is related to the client (including client’s decisions not previously discussed, during the touristic service) or depending on external circumstances out of the contract, in case of any accidental situation, force majeure,
or by circumstances that the organizer could not, according to professional diligence, reasonably foresee or solve.

11. REFUND LIMITS

The refund provided in case of personnel damages cannot exceed the limit established by the international conventions, which detains the direct responsibility, particularly on the limits established in accordance with the Warsaw Convention of Transport dated 12/10/1929 on the international air transportation, under the 841 regulation dated 05/19/1932,by the Bern agreement dated 25.02.1961 on railway transportation, under the 806 regulation dated 02.03.1963 and by the Brussels agreement dated 23/04/1970 (CCV), under the 1084 regulation dated 27/12/1977 concerning any eventual responsibility belonging to the organiser. In any case the refund limit cannot exceed the amount of 2,000 Gold Francs Germinal, for damages to objects, 5,000 Gold Francs Germinal for damages to any other identity (law 13 n°2 CCV)


12. ASSISTANCE DUTY

The organiser must observe the assistance rules towards the client, under the professional diligence standard, according to the duties concerning the contract or the law. He/she is not responsible for the eventual non-fulfilment by the client of his/her duties related to the contract. The organiser and the seller are not responsible of the 10th and 11th clause, in case of improper procedure or non-execution of the contract depend on the customer or on a third party
unpredictable or unavoidable, or accident or forcemajeure.



13. CLAIMS AND CHARGES
Any failure in the execution of the contract procedures must be claimed by the client
without delay so that organiser, his local representative or the tour guide may immediately solve the problem. The client must also file a subsequent complaint by sending a registered letter with acknowledgment of receiptto the organizer or seller, no later than ten working days from the date of return to the starting point. Belated claims will not be considered admissible or received.


14. CANCELLATION AND REPATRIATION INSURANCE

If not included in the contract, it is possible and recommended to stipulate special insurance policies when booking at the organiser's offices for the eventual cancellation of the package, accidents and luggage. It is also possible to stipulate an assistance contract in order to cover the eventual repatriation expenses in case of accidents and diseases, as well as on-site assistance by qualified medical personnel.


15. SERVICES REPLACEMENT

Azimut Tour Operator Srl has the right to change the the hotels and / or carriers and / or localities with other services that have similar characteristics, for operational reasons or for other possible requirements giving prompt communication.In case of drastic difference between the alternatives and the original services reserved, the client can claim an eventual refund for the overdue amounts. However this possibility does not include any trip change.


16. COMPROMISING CLAUSE

Under the law, it states that disputes arising from the application, interpretation, execution of the contract will be relinquished to the decision of an arbitration concil composed of one arbitrator for each party and chaired by one of the arbitrators appointed by the arbitrators themselves, or, absence, the President of the Court of the locality in which the operator (Azimut Tour operator). The arbitration council will be located where the operator’s (Azimut Tour Operator) registered offices are located and will decide according to the law after the possible conciliation


ADDENDUM: GENERAL CONDITIONS OF CONTRACTS SELLING TOURISTIC SERVICES,NORM DISPOSITIONS
In the contracts having transportation, accommodation and any other touristic service as the object, not appearing as subjects of travel organisation, or as touristic package, it is also applicable the following clauses concerning the general conditions of sale of touristic packages, already mentioned: clause 3; clause 4; clause 5; clause 6; clause 7; clause 8; clause 12; clause 14; clause 15; clause 16. The implementation of those clauses does not absolutely determine the configuration of the related contracts as particular case of touristic package. The terminology of the said clauses related to the touristic package contract (organiser, travel etc...) has to be read referring to the actual parts of the sale contract of the single touristic services (seller, accommodation, etc...)