1. TOURISTIC PACKAGE
The touristic packages focus on Travel and Vacation form All Included resulting from the planned combination of at least 2 of the following elements, sold and offer at an ideal price, – comprehensive of a 24 hour stay and 1 overnight a) transportation b) staying c) touristic services note concerning the transportation nor the staying but included in the package offer.
2. LEGISLATIVE SOURCES
Buying and selling Touristic Package which services concern both national and international territories, are ruled for the Travelling International agreement (CCV) signed in Bruxelles,the 23rd April,1970, are applied since that date.
The reservations are to be effectuated directly by The One until the availability’s depletion. The reception will depend on the availability and is always to be concluded with the signature of the contract confirming the availabilty or by telematic terms-
A download of a 30% of the total amount is requested .(Only in exceptional cases agreements might be different) The remaining amount is to be paid within 30 days from the departure date. For reservations effectuated on 30 days preceeding the departure, the total amount is to be payed when conferming and sealing the contract . In case of missing payment within the specified terms the company will have the right to resolution with consequent penal implementation for the specific case.
In case of modifying the contract on behalf of THE ONE dued to one or more essential elements prior to the departure . The ONE will immediate notify the client of these changes. It is significant that a modification will be more than 10% of the established price.. In case the client does not accept the increase of the price and modification he/she have the right to have back the deposit given or if he/she may decide to accept the offer on behalf of The One to sostitutive the touristic package according to the 2nd and the 3rd clause.
Communication on behalf of the client must be made within 2 working days after he/she receives notice from The One on modifying the contract on what he/she decides.
The One can cancel the contact within 20 days before the departure date if the number of participates is unreached
6. CANCELLATION AND PENALTIES
The client can cancel the contract without paying any penaly only for the following: – A increase of a 10% of the total amount of the price
– A significant modification of one or more elements being part of the contract considerated foundamental for the touristic package offered before the departure.
In these cases the customer has the following rights: to be offered an alternative touristic package, without increasing in price, if the alternative touristic package is more expensive than the main booked, otherwise The One will give the downdeposit back. The customer will need to comunicate his/her decision (to accept the alternative offer or to cancel it) within 2 working days from the company warning. If the customer will not do this in time scheduled the alternative proposal will be automatically considered accepted.
Clients who cancell the contract , prior to the date of departure for reasons outside of those listed above will be charged with the handling costs of the dossier and the penalty calculated on the total amount of the booked services and on the basis of the days of notice.
10% of the total amount within 30 working days before the service starting- 30% of the total amount within 21 working days before the service starting- 50% of the price within 11 working days before service starting -80% of the price within 3 working days before service starting- no refund after this date (no show). Those penals are always under eventual penalty conditions for annulment of the documents or the singular services expressed by the company during the offer accepted by the client through confirmation of the documents and services.
7. AFTER DEPARTURE MODIFICATIONS
In case of missing services after the departure, The One will propose alternative solutions, without extra charge and if the alternative solutions are lower level compared to the service sealed in the contract , there will be a refund. If no solution will result applicable,or the company’s alternative solution is rejected by the client for serious problems and reasons, The One will offer a free of charge transportation back to the departure location or to others eventually discussed, always according with the availability of the transportation and the location and refund up to the amount of the total services offered until the anticipated return.
8. PARTICIPANTS OBLIGATIONS
The participants must bring their passports or other international-valid documentations, visas and sanitary certifications. They must observe general prudency and diligence rules, be aware of the organization informative focus 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. Participants must supply to the organization team all the documentations required,the informations and elements that can be used for exercing the right of subrogation against third parties responsabile for damage, and he/she is also responsible of the prejudice of loan from the organizer. In that case the customer must write to the organizer to communicate, during the reservation, the particular personal demands,through which he/she will be able to agree the travelling procedures,according to the actual realization.
9. HOTEL CLASSIFICATION
The official classification of the hotel is showed on our catalogue or on other informative material,it follows the rules provided by the country authority and directly furnished by the service provider. In lack of the official categorisations under the public authority of the EU members,to whom the service is provided,the organiser will be able to furnish a detailed description of the accomodating structure,in order to let the customer judge and eventually choose the service offered.
10. RESPONSIBILITY REGIME
The company is directly responsible of only eventual damages to the client with a non-respected contract (partially or entirely),either the non-given service was on other service providers or on the company itself,except if the problem is related to the client (includying decisions of the client not previously discussed,during the touristic service) or depending on external circumstances out of the contract, in case of any accidental situation,or circumstances beyond one’s control,or circumstances not even the organiser could be able to prevent or solve.
11. REFUND LIMITS
The refund provided in case of personnel damages cannot exceed the limit established by the international norms,which detaines the direct responsibility,particularly on the limits established by Warsaw agreement of the 12th of Octuber,1929 regulating the international aerial transportation, under the 841 regulation of the 19th of May,1932, from the Bern agreement of the 25th of February,1961 reguarding the railway transportation,under the 806 regulation of the 2nd of March,1963 and from the Bruxelles agreement of the 23rd of April,1970 (CCV), under the 1084 regulation of the 27th of December,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 parameter,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 unproper procedure or non-execution of the contract depends on the customer or some unpredictable fact,or accidental or inevitable situation.
13. CLAIMS AND CHARGES
Any lack during the contract procedure must be claimed by the client within a short period of time in order for either the organiser,the local representative or the tour guide to immediately solve the problem. The client must present his/her claims by registered mail to the organiser or seller, within 10 working days from the return pre-fixed date. Delated claims will not be held in consideration.
14. CANCELLATION AND REPATRIATION INSURANCE
If not included in the contract, but it is possible and recommended to stipulate special insurance policies while reserving on the organiser’s offices for the eventual cancellation of the package, mishap and luggage. It is also possible to stipulate an assistance contract in order to cover the eventual repatriation expenses due to accident or illness,comprehensive of local assistance by qualified medical personnel.
15. SERVICES REPLACEMENT
The One could change the hotels or locations,as long as the main requests are kept, for eventual necessities,communicating of the changes in time. In case of drastic difference between the alternatives and the original services reserved,the client can claim an eventual refund. However this possibility does not include any trip change.
16. COMPROMISING CLAUSE
In law matter, it is established that the eventual disputes caused by the wrong application or interpretation of the contract are under the decision of an arbitral council composed by a judge for each division, presided by one of the elected judges,if the local courthouse president is not present. The arbitral council will meet on the legal seat of the company (The One) and will decide over the dispute a solution to appease.
ADDENDUM: GENERAL CONDITIONS OF CONTRACTS SELLING TOURISTIC SERVICES,NORM DISPOSITIONS
For the contracts having transportation,sojourn and touristic service as objects,not appearing as subjects of travel organisation,or as touristic package, it is also applicable the group of clauses concerning the general conditions of touristic packages selling 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 quoted clauses related to the touristic package contract (organiser,travel etc…) has to be read referring to the actual parts of the selling contract of touristic services (seller, sojourn etc…)
MANDATORY COMMUNICATION: The law punishes the crimes concerning prostitution and jouvenile pornography,even if commetted abroad.