General Conditions of Sale Contract of Holiday Packages
Avvenice - Core Investment Company S.r.l. carries out the activity of intermediary of tourism services and holiday packages. The tourism services and holiday packages advertised on this web platform will be offered for sale at the conditions described on it.
The sale of holiday packages which have as object the services offered on the national and international territory is regulated – until its abrogation – under the article 3 of the Italian Legislative Decree n. 79 23rd May 2011 (“Tourism Code”), the Italian Law 27/12/1977 n° 1084 that rectifies and executes the International Convention on the travel contract, signed in Brussels the 23rd of April 1970 – since it is applicable – as well as by the Italian Tourism Code (articles 32-51) with later amendments.
For the purpose of this contract:
a) travel planner means the subject that undertakes, under its own name and towards a one-off payment, to provide holiday packages to the third party, creating the combination of the elements at the following article 4 or offering to a tourist, also through means of distance communication, the possibility to create and purchase on its own this combination;
b) seller means the subject that, even if not on a professional basis and for non-profit, sells or undertakes to provide holiday packages created under the following article 4 toward a once-off payment;
c) tourist means the buyer, assignee of a holiday package or any person, even to be nominated, as long as it satisfies all the conditions required to the enjoyment of the service, on whose behalf the main contractor undertakes to purchase a holiday package without remuneration.
4. Holiday Package Definition
The definition of holiday package is the following:
“The holiday packages have as their subject: travels, holidays, all inclusive holidays and tourism cruises, based on the combination, created by anyone and in any way, of at least two of the following elements, sold or offered on sale for a once-off price:
c) tourism services not ancillary to transport or accommodation (omissis) ....... accounting for a significant proportion of the package.” (article 34 Italian Tourism Code).
5. Validity of the Program and Price List
Prices, discounts, reductions and whatnot related to the determination of prices of the touristic services and holiday packages will be published and constantly updated on our web platform www.avvenice.com. With the execution of the booking, the consumer declares and recognizes to have viewed and read a full copy of the Conditions of Sale in force at the booking date. In case of intermediation in the transport service to be done through scheduled carriers (flight non ITC – Inclusive Tour Charter) or of holiday packages including this type of air transport, the relative air ticket, unless otherwise agreed, will be issued at the same time of the booking; in case of withdrawal will be applied the penalties as per the data sheet.
The reception of the booking is intended to be accepted, with consequent contract closing, only when the planner will send the confirmation, even via computerized system, to the tourist among the intermediary travel agency. Under the article 32, comma 2, of the Italian Tourism Code, in case of distance or off-premises contracts (as respectively defined by the articles 50 e 45 of the Italian Legislative Decree 206/2005), the planner reserves the right to communicate in written form to the tourist the exclusion of the right of withdrawal provided for in the articles 64 et seq. of the Italian Legislative Decree 206/2005.
All the bookings done shall be paid against the payment of the whole price of the holiday package, concurrently with the booking.
Prices and the relative variations, published on the web platform, are always expressed in Euro and are computed based on the exchange rate, fuel cost and carbon tax estimated at the date of determination of the price.
For this reason the price of purchase may be subjected to upward changes, as follows, in case subsequently to the contract closing occur changes in the parameters described hereafter.
A) Scheduled flights: in case of immediate issue of the airline ticket the charged amount includes the adjustments applied by the airline company till the issue date and excludes the applicability of further adjustments successive the issue date of the ticket.
In case of postponed issue of the airline ticket, respect to the closing date of the travel contract, the ticket price will be subject to fuel/foreign exchange adjustments applied by the airline company; the consumer will be required to pay the eventual price adjustment applied by the airline company. In case of a variation higher than 10% of the purchase price of the holiday package, the consumer will have the right to withdraw the contract without the payment of penalties.
The administrative expenses for revision/variation of the procedure can be at maximum 40 Euro per procedure.
9. Modification or Cancellation of the Holiday Package Before Departure
Before departure the planner or intermediary that need to significantly modify one or more elements of the contract, shall immediately communicate it to the tourist in written form, specifying the type of modification and the respective price variation.
In case the tourist does not accept the proposal of modification, an alternative holiday package may be offered.
The above mentioned right, may be exercised in case of annulment/cancellation of the holiday package, for any reason, except in case of tourist’s fault.
For annulments other than the ones caused by force majeure, unforeseeable circumstances and by failure to reach the minimum number of participants, the planner that cancels the holiday package will return to the tourist the amount paid and collected through the travel agency (article 33 and Italian Consumer Code).
10. Tourist’s Withdrawal
The tourist that withdraws the contract before departure, will be charged with the following annulment penalties:
10% of the price of the holiday package up until 30 working days before departure;
50% of the price of the holiday package between 30 and 15 working days before departure;
100% of the price of the holiday package after the above terms.
Modifications and annulments of scheduled flights and ferries are subject to penalties in accordance with the airline and shipping companies’ policies which may differ from what is written in the above article 10.
For scheduled flights, beyond the penalties reported herein, will also be applied to the ones applied by the air carrier.
11. Modifications After Departure
If after the departure the planner is unable to provide, for any reason, except for a fact of the tourist, an essential component of the services mentioned in the contract the planner shall ensure alternative solutions.
The tourist that renounces to the holiday package can be substitute by another person only if:
a. the planner has been informed in written form at least 4 working days before the departure date, and has received the motivations and the needed details to proceed with the replacement;
b. the transferee satisfies all the requirements to use the service (ex article 39 Italian Consumer Code) and in particular the requirements related to the passport, visas, health certifications;
c. the above services or other services in substitution of these may be supplied following the substitution;
d. the transferee pays the expenses needed to proceed with the replacement, that will be communicated before the official replacement.
The transferor and the transferee are jointly liable for the payment of the outstanding amount as well as for the amounts provided for in point (d) of this article.
Further procedures and conditions for the substation are mentioned on the data sheet.
It is clarified that in some cases (in accordance with article 944 of the Italian Navigation Code) the substitution will be possible only with the consent of the carrier.
13. Tourist Obligation
During the negotiations and, however before the contract closing, all the information relative to health and expatriation requirements are provided to the tourists. In any case the tourist will be responsible to verify with the competent authorities that the information provided is up to date.
Without proof of this verification, any responsibility for the missed departure of one or more tourists may be ascribed to the intermediary or planner.
The tourists shall inform the intermediary and the planner of their own citizenship, and at the moment of departure, they shall ensure to have the vaccination certificates, passport, visas and any other documents that may be eventually required. With the purchase of the holiday package the tourist declares of having acquired and autonomously evaluated the information regarding the health and safety situation of the destination countries and, therefore, the objective usability of the services purchased for which the tourist entirely assumes the risk of non objective or subjective usability in case of social, health or natural events that may occur between the date of purchase and the period established for the holiday.
Furthermore the tourist shall respect the rules of common prudence and diligence, the specific rules in force in the destination countries, all the information provided by the planner and the administrative and legislative arrangements of the holiday package.
The tourists will be held to account of all the damages that the planner and/or the intermediary may occur due to the non-compliance with the above mentioned obligations.
The tourist shall provide to the planner all the documents and information in its possession useful to execute the subrogation right of the latter in respect of third parties responsible of the damage, the tourist is responsible toward the planner of the injury caused to the subrogation right.
The tourist will also communicate in writing to the planner, upon booking, the particular personal requests which may be subject of specific agreements on the holiday arrangements, assuming that these may be feasible.
The tourist shall inform the vendor and the planner of special needs or conditions (pregnancy, food intolerances, disability, etc.) and explicitly specify the request of personalized services. The tourist declares and recognizes of assuming the full responsibility for the work of the travel agency, by itself selected, in relation to the information received, the document delivery, the correct and prompt payment of the due amount to Avvenice – Core Investment Company S.r.l. for the touristic services by itself booked/purchased. In case of non-payment of the due amount Avvenice – Core Investment Company S.r.l. will be entitled to terminate the travel contract by sending a simple written communication to intermediary travel agency.
14. Hotel Classification
The official classification of the hotels is provided on the web platform or in other informative material based on the official data provided by the competent authorities of the specific country in which the service is provided. In absence of official classification recognized by the public authorities of the country in which the service is provided, the planner reserves the right to provide its own description of the tourist accommodation.
15. Responsibility Scheme
The planner is liable for the damages caused to the tourist by totally or partially failing to provide the services contractually due, both in case these are provided by itself and third parties, unless it proves that the event has been caused by the tourist (including autonomous initiatives of the latter assumed during the execution of the touristic services) or by third parties and this has unpredictable or unavoidable character, is related to circumstances unconnected with the provision of the services contracted for, unforeseeable circumstances, force majeure, or circumstances that the planner may not predict or resolve, accordingly to professional diligence.
The intermediary through which has been booked the holiday package is not liable for any obligation related to the travel organization, but it is exclusively liable of the obligations related to its activity of intermediary, and in any case, within the limits laid down by the existing rules.
16. Compensation Limits
Compensation laid down in articles 44, 45 e 47 of the Italian Tourism Code and the related limitation periods, are regulated as provided herein and in any case within the limits laid down by the International Conventions which regulate the services part of the holiday package and by articles 1783 and 1784 of the Italian Civil Code.
17. Obligation to Give Assistance
The planner shall provide to the tourist proper assistance based on the professional diligence criterion only with respect to the obligation laid down by law or contract.
The planner and organizer shall be exempt by their respective responsibilities (articles 15 and 16 of this General Terms), when the missed or inaccurate execution of the contract is attributable to the tourist or is depended on an unpredictable or unavoidable event of a third party, or has been caused by unforeseeable circumstances or force majeure.
18. Complaints and Claims
Any failure in the performance of a contract must be questioned by the tourist during the travel through prompt submission of compliant in order that the planner, its local representative or chaperon may verify the substance of claims.
The tourist shall also – under penalty of forfeiture – lodge a compliant by sending a registered mail, with signed return receipt, to the planner, not later than 10 working days from the return date to the departure location.