If you wish to benefit of services proposed by Retevacanze srl, please read these sale general conditions and the special conditions. These general conditions apply to all proposed services. Bookings and/or requests are reserved to the Buyer that has taken full note of these sale conditions before his request and that has accepted them without reservation. Therefore, a request for services means full agreement with these general conditions and full acceptance of all their provisions.
GENERAL SALE CONDITIONS
The 206 decree dated 06/09/2005 has introduced the “Consumer’s Code’’ which has repealed, in addition to other decrees, the 111/95 decree (through which the 90/314/CE Directive had been generated). The decree contains (Part 3, Title 4, Line 2 – art. from 82 to 100) a section called ‘Tourist Services’’ which organically fixes the rules for the buying and selling of tourist packages. The buying and selling contract for tourist packages between Retevacanze srl and the Consumer is then subject to the Consumer’s Code and to the following general sale conditions. 2) SUBJECTS IN BUYING AND SELLING CONTRACTS FOR TOURIST SERVICES
In compliance with Art. 83 of the Consumer’s Code: a) The Journey Organizer is the subject that combines the components referred to in Art. 84 and that is obliged - in his name and after receiving the agreed payment – to provide a tourist package to a third party; b) the Seller is the subject that sells or that is obliged to provide tourist packages in compliance with art. 84 after the payment of an all-included price; c) the Consumer of a tourist package is the buyer, the beneficiary of a tourist package or anyone he might choose, provided he/she complies with all the conditions necessary to benefit of the requested services and on behalf of whom the main buyer purchases a tourist package without remuneration. 3) OBJECTS IN BUYING AND SELLING CONTRACTS FOR TOURIST SERVICES
In compliance with art. 84 of the Consumer’s Code, tourist packages refer to all-included journeys, holidays and round trips resulting from the combination of at least two of the components hereafter mentioned, sold or offered at an all-included price and including at least 24 hours or one overnight: a) transportation; b) accommodation; c) tourist services not related to the transportation or to the accommodation as mentioned in art. 86 (letters: i, o and m) and that are a significant part of the tourist package. A separate invoice for the components of the same tourist package does not allow Retevacanze or the seller to avoid the obligations of the Consumer’s Code. 4) FORM OF A BUYING AND SELLING CONTRACT FOR TOURIST SERVICES
In compliance with Art, 85, a buying and selling contract for tourist packages must be laid out in writing, in clear and accurate terms, and the Consumer has a right to receive a copy of the contract, duly undersigned and stamped by the organizer or by the seller. This document is necessary to have access to the Guarantee Fund mentioned in Art. 100 of the Consumer’s Code. 5) BOOKINGS
Booking are to be requested through an appropriate form, possibly an electronic one, fully completed and undersigned by the Consumer who will get a copy. Acceptance of the reservations, followed by a contract, is complete only when the organizer sends the invoice to the consumer c/o the selling travel agency, and this may also be done through a telematic system. All information about the package not included in the travel documents, in the leaflets or in any other written notice, will be provided by Retevacanze in due time before the client’s departure to regularly comply with the obligations contained in the Consumer’s Code. 6) RESPONSIBILITY
In compliance with Art. 93 of the Consumer’s Code, Retevacanze is responsible for damages caused to the consumer by a total or partial non-respect of the agreed services, either by the organizer or by third parties, unless such damages are caused by the Consumer himself (including personal initiatives decided the consumer while using tourist services) or by circumstances that are not related to the services in contract, or by unforeseen circumstances, or by force majeure or by circumstances that Retevacanze could not reasonably foresee or solve. 7) RESPONSIBILITY FOR DAMAGES CAUSED TO THE INDIVIDUAL
A compensation for damages caused to an individual, generated by the non-observance or by the inaccurate observance of the obligations contained in the contract, and mentioned in Art. 94 in the Consumer’s Code, will never go beyond the limits fixed in the International Conditions, and in particular in the Warsaw Convention of 12.10.1929 about the International Air Transport, law 19.05.1932 no. 841, by the Bern Convention of 25.02.1961 on the Railway Transport, law 02.03.1963 no. 806 and by the Brussels Convention (VVC) of 23.04.1970, law 27.12.1977 no. 1084. 8) RESPONSIBILITY FOR DAMAGES DIFFERENT FROM THE ONES CAUSED TO THE INDIVIDUAL Please note that – as foreseen in Art. 95 of the Consumer’s Code -Retevacanze could agree in writing with the consumer some possible limitations to the compensation for damages different from the ones referring to the person, caused by non-compliance or by inaccuracy in complying with the obligations taken on through the travel contract. Such limitations cannot in any case be inferior to the provisions mentioned in Art. 13 of the Brussels Convention (CCV). It is understood that in lack of specific agreements, a compensation for the damages different from the ones referring to the person will be accepted within the limits of what established in Art. 13 of the Brussels Convention. 9) RESPONSIBILITY EXEMPTION FOR DAMAGES CAUSED TO THE PERSON AND FOR DAMAGES DIFFERENT FROM THE ONES CAUSED TO THE PERSON
In compliance with what decided in Art. 96 of the Consumer’s Code, Retevacanze cannot be held responsible – in any case – of possible damages caused to the person and for damages different from the ones caused to the person because of non-compliance or because of inaccuracy in complying with the obligations taken on through the travel contract when these facts are due to: (I) the consumer’s behaviour, or (II) unforeseeable and unavoidable facts due to third parties or (III) events due to unforeseen circumstances or (IV) cases due to force majeure or, finally, (V) circumstances which Retevacanze could not reasonably foresee. 10) INSURANCE
In application of Art. 99 of the Consumer’s Code, Retevacanze has an insurance policy no. 116088 with MONDIAL ASSISTANCE ITALIA S.p.A. to cover civil responsibility referred to in the previous articles 18,19 and 20. 11) GUARANTEE FUND FOR THE CONSUMER
In compliance with Art. 100 of the Consumer’s Code a national guarantee fund has been established at the Ministero delle Attività Produttive in order to guarantee the consumer against the risk of insolvency or bankrupt of a seller or of Retevecanze. The fund can be used for the refund of the paid amounts and for the consumer’s repatriation when travelling abroad and to give immediate economic availability in case of forced return of tourists travelling in non-EC countries due to emergencies caused by Retevacanze. The fund works in accordance with the regulations determined by a decree of the Ministro delle Attività Produttive with the cooperation of Ministro dell’Economia e delle Finanze. ADDENDUM TO THE GENERAL CONDITIONS OF SALE CONTRACTS FOR INDIVIDUAL TOURIST SERVICES
Contracts for the offer of the mere transport service, stay or any other separate tourist service that cannot be classified in the general idea of package tours are regulated by the following provisions (Law 1084 of 27.12.1977 – ratifying and executing the International Convention relevant to the Travel Contract – CCV – signed in Brussels on 23.04.1970): art. 1, no. 3 and no. 6; articles from 17 to 23; from art. 24 to art. 31, as to those forecasts which go beyond the contract and as to other specific agreements referring to the sale of a single service mentioned in the contract. B) CONTRACT CONDITIONS
In addition to the above contract conditions, the following clauses are applicable to sales contracts for tourist packages: art. 5; art. 7; art. 11; art. 12; art. 14; art. 15; art. 16; art. 22; art. 24. The application of these clauses does not determine the configuration of these contracts as contracts referring to tourist packages. The terminology of the above mentioned clauses relevant to the contract for package tours (Retevacanze, journey, and so forth) is to be meant with reference to the subjects in the sale contract for tourist services (seller, stay, etc.). Compulsory notice in compliance with art. 16, law no. 269/98. The Italian law punishes with seclusion those offences related to prostitution and pedophilia even if they are committed abroad. PRIVACY PROTECTION In compliance with decree no. 196 – Code for the regulation of the protection of Personal Data, please note that the personal data of each client will only be used for marketing purposes in the most correct and transparent way and, anyway, in compliance with what established by the current laws in this regard. In compliance with art. 4, law 196/2003, the treatment of personal data – either with a paper support or with a telematic support, will consist in the collection, in the recording, in the organization, in the storage, in the consultation, in the processing, in the modification, in the selection, in the extraction, in the confrontation, in the use, in the interconnection, in the communication, in the circulation, in the cancellation and distribution of such data and also in the combination of two or more operations. These data are necessary for the materialization of a journey of each traveller, to activate the insurance policy, and to send all the documents and other items to the clients’ address. Please note that every single client has a free guarantee on the rights mentioned in art. 7, law 196/2003 and in particular on the updating and on the correction of his data as well as the integration or cancellation of such data upon the clients’ request through a notice sent to Retevacanze srl Via Messina 7/D CAP 90141 PALERMO (Italy).
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