General Terms
and Conditions
Object:
REGULATION OF CONTRACTUAL RELATIONS BETWEEN
ORGANIZER AND
INTERMEDIARY TRAVEL OPERATOR
ART. 1 GENERAL CONDITIONS OF CONTRACT
ART. 2 SUBJECT
ART. 3 SPECIFIC CONDITIONS AND APPLICABLE RULES
ART. 4. OBLIGATIONS OF THE ORGANIZER
ART. 5. ALLOCATION OF LIABILITY
ART. 6. DUTIES OF THE AGENCY
6.1. With regard to operational activities, the Operator undertakes, in addition to the other obligations envisaged
in the above specific conditions to:
to. collect customer requests by completing the contract proposal form
prepared according to the indications referred to in Legislative Decree 62/2018, in which the Operator will insert
specifically, the identifying details of your R.C. policy. professional and guarantee
(through a fund or insurance policy or other means required by law) which is in its possession ai
purposes of customer protection and against its risk of insolvency and/or bankruptcy;
b. promptly and fully transmit all retained data to the Organizer
indispensable, aimed at allowing the latter to adequately carry out all the necessary phases aimed at the correct booking confirmation as well as the confirmation of all
the related services connected and/or connected to it.
c. collect from customers and make the payments specified in the Organizer in favor of
following art. 7, according to the terms and conditions specified therein, including any
sums owed by the Client as a penalty;
d. communicate to the Customer the confirmation of all the services booked, as well as to send them
to the Organizer the ascertained full payment of the fees due, in order to allow the
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same Organizer the correct sending of the relative travel documents;
E. keep at its offices, for the period established by the civil code and/or special laws
in this matter, a copy of the tourist package purchase proposal form, or tourist service
and the related booking confirmation.
f. make available to the Organizer, following the simple written request of
the latter, a copy of the contract proposal form signed by the customer/s;
g. inform the Customer of the Organizer’s website where all the related forms can be extracted
to the information on the processing of personal data, tourist packages and general conditions that
regulate the relationship between the Agency and the Organiser;
h. comply with the rates published or recommended by the Organizer as well as communicate
to the Customer the Organizer’s website where the insurance information prospectuses can be extracted
related to included or optional policies;
the. keep all administrative, accounting, statistical, etc. documentation confidential
comes from the Organizer and, in any case, to keep confidential and not to disseminate and/or not
use for one’s own profit or that of others, even after termination of the relationship with the Organizer,
for any reason, all the news relating to the activity of the Organizer, of which it is
come to know; in particular, the Operator must guarantee the absolute confidentiality of its own
booking code provided by the Organizer. This code is of exclusive ownership
of the Operator and cannot be transferred to third parties or used on behalf of third parties;
L. not violate in any way the prohibition not to carry out resale and/or transfer activities and/or
brokerage in any form of products or services of the Organizer to other Operators and/or
third parties, unless authorized by the Organizer and always upon notice
to the Organizer of the person on whose behalf the Operator is operating;
m. guarantee the Client correct information and an adequate degree of professionalism;
no. behave correctly by fulfilling one’s obligations with the diligence required by the law
nature of the contract.
6.2. The Operator, with regard to its information obligations, undertakes to:
to. inform customers, in case of sale of services or tourist packages, of the catalogs and
of the Organizer’s programming both on paper and on the Web and of the relative General Conditions
of sale, in force in the period from time to time considered and to submit them to customers for the purposes
of the express acceptance of the same. The Operator is not authorized to agree with i
customers any derogation from the General Conditions, which must be PUNCTUALLY ED
FULLY applied;
b. bring to the attention of the customers, without delay, any modification of the tourist package
communicated by the Organizer to the Operator after the booking confirmation,
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taking into account the legal term of two working days to consider the modification accepted where in
the same period of time the refusal is not communicated;
c. bring to the attention of customers the official information of a general nature on foreign countries –
including those relating to the health and safety situation and the documents required for
access to Italian citizens, are provided by the Ministry of Foreign Affairs, through the site
www.viaggiaresicuri.it or from the Telephone Operations Center on 06.491115, all
publicly available and invite customers to carry out checks at the site or call center
of the Ministry of Foreign Affairs before proceeding with the purchase of the travel package since yes
deals with data subject to modifications and updates;
d. provide customers with all information regarding passports and visas and/or other documentation for
entry into the country also on the basis of the citizenship of the customers and in terms of documentation
necessary for the boarding and travel of people with disabilities (motor aids) and/or who are
in particular health conditions including pregnancy;
And. provide customers with information on the price adjustment of the tourist package in
consequence of the possible increase in the cost of aviation fuel (Jet Fuel), based on how much
reported in the Organizer’s catalogues, in the General Contract Conditions.
6.3. The Operator also undertakes to:
to. take out a suitable insurance policy or bank guarantee or join a Guarantee Fund
against your own risk of insolvency and/or bankruptcy – as provided for by art. 47 of Legislative Decree
79/2011 as amended by Legislative Decree 62/2018 – and to provide complete information to customers of
such protection in their favor and how to benefit from it in case of need;
b. sign the acceptance of the commercial agreement and send it to the Organizer by
Pec or email, subject to the ineffectiveness/non-operation of the same;
c. to immediately notify the Organizer of any change in the corporate structure and/or
of the person of the Owner of the Operator; without prejudice to the right to withdraw from this contract, in case
of non-communication, the members of the previous management will remain jointly and severally liable with i
new members of the corporate bodies.
6.4. The Operator expressly undertakes to indemnify and hold the Organizer harmless from
any claim, none excluded, made against the Organizer by customers
with which the Operator will come into contact in execution of the relationship or by any other
third party, for any title or cause in any case connected with any violations by
part of the Operator of the aforementioned legislation.
Violation of the provisions relating to data processing exposes the defaulting Party to the
compensation in favor of the other Party for any damages caused.
ART. 7. PAYMENTS
7.1. Without prejudice to what is indicated in the commercial agreement transmitted and accepted, the Operator yes
undertakes to remit to the Organizer, regardless of the actual payment by the / s
customer(s), the supply received from his Customer. The Operator undertakes to collect from customers the
any sums due as a penalty and to remit them to the Organizer, in the manner and in the
terms indicated in the booking confirmation, remaining, failing that, directly obliged
and exclusive. It is understood that the collection activity referred to in this article 7.1. will be carried out by the Operator
exclusively according to the conditions provided by the booking confirmations or by the
General Conditions applicable from time to time, and in compliance with the terms and conditions therein
you specify.
7.2. The fees for the services and tourist packages will be paid to the Organizer net of
fees owed by the Organizer to the Operator.
Any other hypothesis of compensation is excluded.
ART. 8. USE OF DISTINCTIVE MARKS
8.1. The travel operator will be able to display the brands and signs in its premises and in its windows
badges of the Organizer only using the promotional material provided
by the Organizer. If the Travel Operator intends, at its own expense, to carry out
a promotional activity that involves the use of the Organizer’s brands and distinctive signs
must first submit the related materials to the Organizer and request their consent
written.
The Organizer reserves the right to propose to the Operator, who will remain free to accept or not, the
carrying out co-marketing promotional campaigns, which provide for the competition in expenses from
part of the Organizer.
Upon termination for any reason of the relationship between the Operator and the Organizer, the former must
immediately remove the brands, distinctive signs and promotional materials from their premises
of the Organizer.
ART. 9. SALES PRICES
9.1. The Agency is in no case authorized, under penalty of violation of this agreement, to publish
on your website/s the prices that are not perfectly aligned/identical with what is published
on the website www.italianavacanze.it and/or the Italiana Vacanze catalogue, unless expressly waived
received, in writing, from the Organizer.
Any promotional/advertising material, produced in paper form, must be
previously approved in writing by the Organizer.
ART. 10. BREACH OF THE OPERATOR TO THE OBLIGATIONS PROVIDED FOR BY LAW AND\OR
BY CONTRACT – EXPRESS TERMINATION CLAUSE
10.1. In consideration of the payment obligations incumbent on the Travel Operator, which
agent of the customer who remits the provision for the purchase of the trip and which must be
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transferred to the Organizer and also in consideration of the Seller’s obligation to supply the
customer the guarantee against his risk of insolvency \ bankruptcy – as provided for by art. 47
of Legislative Decree 79/2011 as amended by Legislative Decree 62/2018 – it is understood that the non-payment
of the price will constitute a breach such as to determine the ipso jure termination of the contract
journey to be asserted directly against the customer, with the impossibility of carrying out the
travel.
In any case, the Operator will be required to hold the Organizer harmless from any and all
prejudicial consequence deriving from the non-performance and termination of the contract between
Organizer and customer which occurred for reasons attributable to the Operator himself and/or as a result of
the foregoing.
10.2. It is also understood that, once the terms indicated above have elapsed, specific conditions,
without the Operator having made the payment to the Organizer of the
Consideration and/or any other sum due to the Organizer (including cancellation penalties
paid by the customers), default interest will accrue on the unpaid sums equal to the rate of
legal interest in force at the time, which will be calculated according to the provisions of article 5 of
Legislative Decree n. 231 of 9 October 2002.
Furthermore, failure to comply with the terms set out in the specific commercial conditions, as well as
obligations deriving from the general conditions of the contract, may involve, where applicable:
– the forfeiture of the benefit of the deferred payment connected with the method of payment
chosen, so that the Operator will be required to make all payments still due in favor
of the Organiser, as indicated in the specific conditions above;
10.3. Without prejudice to the provisions of the previous points, the Organizer will have the unquestionable
faculty to terminate the contract ipso iure and to dispose accordingly and immediately
closing and/or blocking of booking codes in the following cases:
to. failure by the Operator of its obligations, including payment obligations
referred to at any time, both towards the Organizer and any other company
of the group;
b. failure by the Operator of the SUPERIOR obligations set forth in articles 7, 8, 9;
c. failure by the Operator of all the obligations referred to in the above art. 6, with
particular emphasis on the prescribed communication of data, on the correct use of the code
booking and brokerage prohibition;
d. change in the corporate structure and/or in the person of the owner of the Operator;
And. revocation of bank credit lines and/or existence of indicators of loss of financial solidity from
part of the Operator, such as protests, monitory procedures, bankruptcy etc;
f. if the technical director, or the partner/owner of the Operator was previously director
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technician or member of the corporate structure of other Operators subject to procedures
bankruptcy proceedings or which have been or still are insolvent with respect to the Organiser;
g. in case of resale of the Organizer’s tourist packages to another Travel Operator or
intermediary without prior written authorization from the Organizer. In addition to the
occurrence of this situation, the Operator will have to pay the Organizer compensation
of the damage to the extent equal to the price of the tourist package/s sold without the aforementioned
authorization.
The closing and/or blocking of the codes will be communicated, by the Organizer to the Operator, for
in writing and/or in any form deemed suitable, even by simple email,
ART. 11. WITHDRAWAL
11.1. Without prejudice to the provisions referred to in the previous articles, taking into account the legal nature of the
existing relationship between Organizer and Operator, based on the fiduciary element it assumes
decisive importance in the case of this agreement, if the Operator puts in place
behaviors capable of undermining the aforementioned relationship of trust, such as, by way of example, the
diffusion or publication by any means and\or instrument of offensive communications and/or
defamatory against the Organizer and/or any other Group Company,
the Organizer may, at its sole discretion, withdraw with immediate effect from
this agreement, disabling the booking codes to the Operator and thus interrupting any
collaboration with the same, also reserving the right to any request for compensation from
damage.
ART. 12. COMMUNICATIONS
12.1. Any communication between the Parties must be sent in writing (e-mail, Pec,
telegram and telematic tools in general).
ART. 13. FORO ESCLUSIVO ED INDEROGABILE
13.1. Any dispute arising out of or connected with the interpretation, validity, performance and
termination of the Contract will be devolved to the exclusive and mandatory jurisdiction of the Court of
Paola.
ART. 14. PRIVACY (EU REGULATION 2016/679)
14.1. The data relating to the customers with whom the Operator will come into contact during the execution of the
relationship, to be communicated by the Operator to the Organiser, are subject to the discipline referred to
to EU Regulation 2016/679, as per the form published on the website
www.italianavacanze.it. The Operator and the Organizer, as far as they are responsible, yes
expressly undertake to respect and apply all the rules on protection with
reference to the processing of personal data.