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Conditions of sale
3) Booking
Reservations are accepted until sell-out of available seats and they are executed, with following contract conclusion, upon written notice by the agency, directly or through the selling travel agency having regular licence. Specifications relating to the package tour not included in the contract, in the brochures or in other means of communications, will be provided by the agency to the customer, in time before the departure.
4) Payment
A down payment of 25% of participation fees as well as registration fees (non refundable, also in case of cancellation) shall be paid on booking, whereas the full payment must be effected at least 30 days before the departure. In case of registrations effectuated in the last 30 days before the departure, the full amount must be paid on booking. If the customer fails to make any payment on the due date, the agency will be entitled to cancel the contract, further damages to the Tour operator excepted.
5) Prices – package tour modifications
Prices can be modified until 20 days before the date of departure in consequence of tourist services variations. If the increase of the total price exceeds 10%, the customer may withdraw the contract. The amount already paid will be repaid in full, upon written communication within two days after notice of the increase, which otherwise will be understood agreed. In case that, after the departure, the agency cannot provide the services as set in the contract, it shall provide an alternative service not chargeable to the costumer. If the services supplied are of a lower value, the agency shall repay the difference to the customer. If there’s no alternative solution, or the customer doesn't agree for good and justified reasons, the agency will provide an equivalent service, without surcharge. Request of modifications on the part of the customer to bookings already accepted by the agency are met within the bounds of possibility, it being understood that it will be charged to the customer.
6) Withdrawal
Customers, who withdraw the contract for different reasons than those set in the previous paragraph no.5, will be charged with the following penalties, as well as the registration fees, calculated on the total price of the booked tour package: individual or groups holidays in hotels, apartments or residences: 10% until 30 days before the departure, 20% from 29 until 21 days before the departure, 50% from 20 until 11 days before the departure, 75% from 10 until 3 workdays before the departure, 100% after these terms. For all package tours, no refund will be agreed to customers, who will not be present at the departure or will renounce during the tour. As well as for those who cannot set off because of absence, nullity or lack of papers.
7) Contract transfer
Customer can be replaced by another person, who satisfy the conditions for enjoying the service as set in the contract, upon communication to the agency within 4 workdays before the departure, together with the personal details of the transferee. Both transferring party and transferee are bound towards the agency to pay the price and further charges resulting from the contract transfer.
8) Contract cancellation
The agency may cancel the contract totally or partially, without any compensation, because of exceptional circumstances or if the minimal number of participants as provided by the programme has not been reached. In this case the customer will be refund in full, excluding any other compensation.
9) Customer obligations
Customers shall provide themselves with their passports and papers (to be valid in all countries reached during the tour), as well as with tourist and transit visa and health certificates eventually requested. Furthermore they shall follow the normal rules of prudence and care and all provided information by the agency, as well as the government regulations concerning the package tour. Customers, who will not follow the above-mentioned obligations, will be liable for the damages suffered by the agency. The customer shall provide to the agency all documents, information and elements useful for its exercise of subrogation towards third person responsible for the damage and the customer is responsible towards the agency for the prejudice caused to the right of subrogation.
The customer shall also state to the agency its special requirements, which may be object of particular agreements on the package tour conditions on booking, it being understood that their execution will be possible.
10) Agency liability
Bisanum Viaggi is liable for damages caused to the customer due to total or partial breach of the services as set in the contract, unless the breaches charged to the agency are due to the customer or to unexpected events, which Bisanum Viaggi could not foresee, despite its necessary diligence. In any case damages cannot exceed the limits provided for by the law and the international conventions regarding the breaches and its liability, and specifically: Paris Convention of 1962 about hotel keeper liability; Bruxelles Convention of 1970 about the agency liability; civil code regulations not included in this contract. Bisanum Viaggi or the seller shall render prompt assistance to the traveller; however it keeps the right to be compensated, in case of damages due to customer’s breach. Bisanum Viaggi is not liable towards the customer for breaches of the contractual obligations due to the seller.
11) Assistance obligations
The agency shall render assistance to the customer as established by standards of professional diligence, only with reference to its contract obligations and regulations.
The agency is not liable towards the customer for breaches of the obligations on the part of the seller towards the customer.
12) Complaints
On penalty of cancellation, breaches in the contract execution shall be communicated to the resort management immediately and in writing, so that the agency, its local representative or the tour leader can opportunely cure them. Bisanum Viaggi is not liable for unexpected and unforeseen malfunctions because of management variation or unavoidable necessities on the part of resorts’ owners. Customers may also lodge the complaint by registered letter with proof of delivery within 10 workdays after the date of return to the departure place.
13) Insurance against cancellation penalty
Customers may take out an insurance (optional) against penalties due to contract cancellation (par. 6) on registration.
15) Place of jurisdiction
The contract shall be governed by the laws of Italy. Any dispute arising between the Parties in relation to this contract shall be deferred to the exclusive jurisdiction of the competent Court, where the Tour Operator has its registered office.
Compulsory communication in accordance with the Article16 of the Regulation 269/98. The Italian law punishes with imprisonment prostitution and juvenile pornography offences, even if these are committed abroad.
“Informative report” in accordance with the Article 13 of Regulation 196/03 (regulations on the subject of privacy protection). Customers are informed that personal data supplied by them, necessary for the fulfilment of this contract will be used exclusively for this purpose and in accordance with the Regulation 196/2003. Personal data will be only communicated to subjects who require them in order to execute and supply services included in the package tour, or to authorities if established by specific regulations. Customers may in any moment exercise their rights in accordance with Article 7 of Regulation 196/03 getting in touch with Bisanum Viaggi, liable for the personal-data processing, in the person of its Legal Representative.
P. Iva 03209300718
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