RETEVACANZE s.r.l. is an Italian company working in the incoming tourism industry. As a Tour Operator it offers a wide range of services and tourist packages for direct and indirect sell in the national and international, European and extra-European markets;
“THE APPLICANT”, (hereinafter referred to as the OPERATOR), aware of the consequences provided for in criminal law for omitted or false information stated in the application form on the website www.retevacanze.it, declares:
- To own the requirements, the government licenses and the insurance policies required by its Country of origin in order to work as a Travel Agent or Tour Operator;
- To fill in the application form with its data in order to apply for this collaboration agreement and to use the services and the tourist packages available on the Customer Area of the website www.retevacanze.it for commercial purposes in compliance with the law.
- To have read and accepted the law provisions regarding the selling of tourist packages reported on the general sales conditions area of the website www.retevacanze.it .
The object of this collaboration agreement is to sell tourist packages and services organized by RETEVACANZE s.r.l. The OPERATOR accepts the whole TECHNICAL FILES of the “Offer” of tourist packages and services published on the Customer Service Area of the website www.retevacanze.it as part of this agreement together with the premises.
Tourist packages and services can be sold by the OPERATOR through paper and/or web booklets with the OPERATOR brand or its foreign commercial partner; RETEVACANZE s.r.l., authorizes the OPERATOR to publish and sell its packages and services without any exclusive right;
the OPERATOR commit itself to publish the whole tour programs and the conditions established by RETEVACANZE s.r.l., including the identification elements of the products and services, such as the Names and other distinguishing elements;
the OPERATOR exonerates RETEVACANZE s.r.l. from any responsibility coming from a wrong or different version of texts and conditions reported on the technical files of each package and service;
This agreement is valid for one (1) year, and is automatically renewed each year, unless explicitly expressed by one of the party or for any cause of rescission of the contract.
4. GENERAL SALES CONDITIONS
The general sales conditions are the whole national and international law regulating the selling of tourism services and packages and are reported on the website www.retevacanze.it. The OPERATOR declares to have read and accepted the whole content of them.
5. SPECIFIC CONTRACT CONDITIONS
The OPERATOR accepts the whole specific provisions reported in this article, regulating the economic contents, the booking procedures, the confirmation and cancellation of the purchased services and packages. In absence of them, these will be regulated by the conventions used among tour operators.
- BOOKINGS: bookings must be sent via e-mail to the mail addresses of the Department corresponding to each Product/Service and which are shown below;
- AVAILABILITY: the availability of the services booked by the OPERATOR is meant as “On Request”. Therefore, unless previously established, the booking forwarding is considered as a request to be confirmed by RETEVACANZE s.r.l.;
- CONFIRMATION: for the whole tour services and packages reported on the CustomerArea of the website www.retevacanze.it , the Product/Service Booking department will be in charge of sending the confirmation via e-mail, together with the travel documents (voucher, travel information, etc.) and with the administration documents (pro forma bills) within 48 hours (excluding holidays, friday, saturday and sunday) from the request. The invoice will be sent after the payment;
- TRAVEL PROGRAMS: due to technical reasons, RETEVACANZE s.r.l. can modify the whole or part of the travel programs every time it is necessary, with immediate communication to the OPERATOR and must guarantee to the customers the purchased standard services. The OPERATOR must immediately communicate the programs changes to the customer and inform RETEVACANZE s.r.l. about the acceptance or refusal by the customer;
- CANCELLATION: except in case of necessity or force majeure, in case of entire Cancellation or “significant” modification of the tour package, RETEVACANZE s.r.l. commit itself to give back the whole payment received for the packages whose cancelled or modified travel program has not been accepted by the customer before the departure.
In case of booking cancellation by the OPERATOR of a package or service previously confirmed, the penalties reported on the Technical File of the purchased package or service will be applied.
Further exceptions, partial modifications or integration of the contract specific conditions will be valid only if regulated by a specific integrativewritten agreement between RETEVACANZE s.r.l. and the OPERATOR.
6. PRICES AND RATES
Prices of the offers of tourist packages and services are published in the Customer Area of the website www.retevacanze.it; they include the VAT rate as established by this agreement and they are valid for the whole duration of the contract.
During the period of validity of the “Offer” as reported in the Technical Files of the packages or services, no changes or partial modifications to net tariffs or commissions are considered, except in the following cases:
RETEVACANZE s.r.l. reserves the right to unilaterally modify the prices:
- In case of national or local changes or introduction of new taxes and/or fares, after the signing of the contract;
- For the tourist packages including air transport, in case of an increase of the oil price (applied by the airlines) that modifies the U.S.$/TON. F.O.B. ratio as reported in the offers;
In these cases RETEVACANZE s.r.l. commits itself to give notice to the OPERATOR about the change of the prices as soon as possible, from when the notice has been publicly known.
Every year, if the agreement with the OPERATOR is maintained, RETEVACANZE s.r.l. will inform about new offers of the tourist packages with price adjustment and the validity conditions for the following years, through the publication on the Customer Area of the website www.retevacanze.it.
7. TERMS AND CONDITIONS OF PAYMENT
The OPERATOR accepts all the payment conditions as reported below, including the payment in advance of the purchased service; further exceptions, partial modifications or integrations of the contract specific conditions will be valid only if regulated by a specific integrativewritten agreement between RETEVACANZE s.r.l. and the OPERATOR.
The non-compliance with the terms and conditions of payment, is cause of interruption of this contract.
In this case RETEVACANZE s.r.l. reserves the right to cancel all the future and already confirmed services and, in extremis, to interrupt immediately all the services, even if ongoing.
In any case RETEVACANZE s.r.l. reserves the right to act to preserve its interest for every other prejudice directly or indirectly caused after this behaviour;
In all cases, the non-observance of the terms of payment of this agreement involves the implementation of the provision of the clause 4 of the Legislative Decree n°231/2002.
9. BILLING ADDRESS
The OPERATOR declares that the data reported on the application form of the website www.retevacanze.it to apply to this contract are correct and authorizes RETEVACANZE s.r.l. to use them as billing address for the accounting document (bills, invoices) and administrative communications.
The OPERATOR gives the consent to the use of personal data in compliance with the Legislative Decree 196/2003 and its modifications and/or integrations, for the purposes reported on the customer file.
In case of cancellation of a previously confirmed service or package by the OPERATOR, the penalties reported on the Technical File of each purchased package or service will be applied.
12. MODIFICATIONS AND CHANGES
Any modification or change to this contract must be agreed and accepted by both parties through written agreement or otherwise considered invalid.
13. COURT IN CHARGE
The parties agree that the court of Palermo will exclusively manage any litigation concerning the application and/or the interpretation of this agreement. Civil litigations concerning the customer right of withdrawal will be managed by the court in charge of the customer place of residence or domicile, if situated in the Italian territory, otherwise by the court of Palermo, if the residence or domicile of the customer is situated outside the Italian territory.
14. EXPRESSED AGREEMENT
Both parties declare to have read and expressly accepted the provisions of the clauses 1,2,3,4,5,6,7,8,9,10,11,12,13.