GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF TRAVEL PACKAGES OR SINGLE TOURIST SERVICES SALE CONTRACT OF SUN EVENTS SRL
we are glad to welcome you as client of SUN EVENTS SRL (herewith following: Organiser / Seller) and would like to thank you for your confidence. We have put all our professionalism and engagement in organizing your travel. Herewith following we would like to illustrate our travel and payment conditions and ask you to read them carefully.
Accepting and signing the sales contract, you will consider valid also the following norms that complete the legislative rules of buying and selling travel packages according to the art. 3 of the legislative regulation n. 79 of 23/057 2011 (Tourism Code) – by law n° 1084 of 27/12/1977 ratifying and executing the International Convention concerning Travel Contracts (CCV), signed in Bruxelles on the 23.4.1970 – where applicable – plus the Tourism Code(Art. 32-51) and its subsequent amendments.
The booking must be drawn up on the provided contract form. In case of electronic format, the form must be fully completed and signed up by the client, who will receive a copy of it. The booking will be intended as accepted and the contract agreement will be reached only when the Organiser Sun Events will send the relative confirmation, also by e-mail, to the client.
All the information concerning the travel package or the single tourist services that are not contained in the contract documents, brochures and other written means of communications, will be provided by the Organiser Sun Events before the starting date of the tour, as written in the article 87, paragraph 2, Cod. Consumo.
The deposit requested by the offer/contract of the total holiday cost, has to be paid in at the moment of the reservation or of the confirmation, and the balance must be paid within the given term.
Failure to pay within the established dates is a written resolving clause, which gives Sun Events the right to cancel the contract.
The travel package or the tourist service price is determined by the contract with reference to what is indicated in the catalogue, in the program out of the catalogue or in their possible further updating, also via mail.
The price may vary until 20 days before the departure and only in consequence of the variation of :
transportation costs, including fuel prices rights and taxes on some category of touristic services
exchange rates applied to the travel package
in question VAT changes due to Government decisions occurring after the travel confirmation
Price increase must never exceed 10% of the package price.
5.TRAVEL PACKAGE MODIFICATION OR CANCELLATION BEFORE ARRIVAL
If Sun Events needs to modify significantly one or more elements of the contract before customer arrival, they must immediately give written notice to the customer, by indicating the kind of modification and the consequent price variation.
In case the customer does not accept the suggested modification, he may ask for a full refund of the already paid amount. The customer can exercise this right also in case the cancellation depends on the failure to achieve the minimum number of participants, as indicated in the catalogue or in the program out of the catalogue, or in circumstances beyond the Organiser’s control and in fortuitous cases, in relation with the travel package the customer has bought.
In case of cancellations not due to circumstances beyond the Organiser’s control, fortuitous cases, failure to achieve the minimum number of participants, or in case the customer does not accept an alternative travel package, the Organiser will refund the customer with the sum he had paid until that moment or maximum of twice the already paid sum.
The cancellation of a tour due to the failure to achieve the minimum number of participants, must be communicated to the consumer at least 30 days before departure.
6.Customer’s withdrawal / cancellation penalties
The customer may withdraw from the contract in any moment before travel begin and has to pay the foreseen administration costs and penalties, if the withdrawal is not due to significant modification of one or more contract elements, objectively defined as fundamental to the fruition of the whole travel package or if the price increase is more than 10%. As soon as Sun Events has received the written withdrawal, the penalties will be applied as written in the accepted offer/contract.
In case of late arrival or stay interruption no refund is provided and the same cancellation penalties will be applied.
7. Cancellation and repatriation travel insurance
Unless expressively included in the price, it is advisable to stipulate, at the time of the booking an insurance for expenses due to the travel package cancellation and travel-related accidents. The customer will claim his rights exclusively at the Insurance Company. Each customer has to provide himself for adequate medical and travel insurance cover.
8. MODIFICATION AFTER THE DEPARTURE
In case the Organiser finds himself in the impossibility, except for client’s fault, of providing the customer of an essential part of services contemplated in the contract, he will have to find alternative solutions, without surcharges for the customer. In case the provided services are worth less than expected, he has to refund the difference between the paid sum and the effective cost of the services provided.
In case there is no alternative solution or the solution arranged by the Organiser is refused by the customer for honest and justified reasons, the Organiser will provide, without any surcharges, a service equivalent to the booked original.
Clients renouncing may be substituted by another person provided that:
a. the Organiser receives a written notice including cessionary’s personal details at least 4 workdays before the holiday start date;
b. the substitute satisfies all the conditions necessary to the service fruition (ex art. 89 Cod. Consumo) and in particular requirements concerning passports, visas, health certificates;
c. the substitute reimburses the Organiser for all the costs necessary to that procedure, as quantified before the cession.
The releaser and the substitute are both responsible for the full balance payment.
10. PARTICIPANT’S DUTIES
Participants have to travel with their individual passport or other document valid and health certificates, if requested. They must observe rules of prudence, diligence and all those norms and laws taking effect in the countries where the tour/holiday takes place. All participants must besides obey to all the information provided by Sun Events, such as rules, administrative and legislative dispositions concerning the travel package/tourist services. Participants will be held responsible for all the damages Sun Events may suffer owing to their non-fulfilment of the obligations examined above.
Participants have to provide themselves for adequate medical and travel insurance cover.
The customer shall provide Sun Events with all the documents, information and all the elements he owns, which are useful to exercise the right of substitution towards a third party liable of the damage and he is responsible to the Organiser for the damage made to the right of substitution.
The customer will also communicate in writing to the Organiser, at the moment of the booking, particular personal requests which may lead to specific agreements on travel modalities, provided that their accomplishment is possible.
11. HOTEL GRADING
The hotel official classification is provided in the catalogue or in the other informative material only on the basis of expressed and formal indication of the competent country authorities where the service is given. In the absence of official classifications recognised by the competent public authorities of the countries Sun Events reserves the faculty to provide in the catalogue or in the brochure his own hotel description, which could allow the customers to evaluate the suggestion and, later, to confirm it.
Sun Events is liable for damages caused to the customer in case of total or partial non-fulfilment of the services settled by the contract, in case these are performed by himself or by other service suppliers, unless he is able to prove that the event is due to the consumer’s behaviour (including independent initiatives taken by the traveller during the holiday), to circumstances extraneous to the supply of the services prescribed in the contract, to fortuitous case, adverse weather conditions, circumstances beyond the Organiser’s control or that Sun Events could not reasonably foreseen nor solve.
13. LIMITATIONS ON CLAIMS FOR REFUND
The compensation for damages to the person can never be superior to the limits established by International Conventions, in which Italy participates, with reference to the services whose non-fulfilment has determined responsibility. In any case the compensation can never exceed the amount of 50.000 Germinal gold Francs for damages to people, 2.000 Germinal gold Francs for damages to things and 5000 Germinal gold Francs for any other damage (article 13 n° 2 Contratto Collettivo Viaggio).
14. DUTY OF ASSISTANCE
Sun Events has the duty to assist the customer, as established by the professional diligence criteria, with exclusive reference to her own duties, according to the law or contract. Sun Events is exempted from her individual responsibilities (articles 13 and 14 of these General Terms and Conditions) in the event that failure to fulfil or inaccurate fulfilment of the Contract are attributable to the customer, to an unforeseeable and unavoidable third party, or due to circumstances beyond Sun Events’s control and fortuitous
15. COURT OF JURISDICTION
The customer can sue Sun Events only at his office
16. GUARANTEE FUND
The Directorate General of Tourism of the Productive Activities Ministry has created the Guarantee National Fund. The User can apply to the Fund (in accordance with the article 100 Cod. Consumo), in case of insolvency or declared bankruptcy of the Seller or Organiser, to protect the following requirements:
a) refund of the fees already paid
b) repatriation costs in case of trips abroad
The Fund shall also provide an immediate amount of money for possible forced return of the User from non-EU countries in case of emergency due or not due to the Organiser’s behaviour.
The Fund’s intervention modalities are established by Prime Minister’s Decree n° 349 of 23/07/99 and G.U. n° 249 of 12/10/1999.
GENERAL CONDITIONS OF SALE CONTRACT FOR SINGLE TOURISTIC SERVICES
A) LAW PROVISIONS
Contracts regarding the sale of single services (accommodation, transport, etc.) cannot be intended as organized travel packages and they are therefore governed by the following dispositions of the Collective Travel Contract (“Contratto Collettivo Viaggio”): article n°1, n° 3 and n° 6; from 17 to 23 and from 24 to 3, concerning estimations which are different from those regarding the organisation contract as well as from other agreements specifically referred to the sale of the single service object of the contract.
B) CONTRACT CONDITIONS
The following clauses of the general terms and conditions for travel package sale contract listed above are also applicable to these contracts: article 4, 1st paragraph; article 5; article 7; article 8; article 9; article 10, 1st paragraph; article 11; article 15; article 17. The application of these clauses does not determine at all the configuration of the concerned contracts as, in the case in point, travel package. The terminology of the quoted clauses concerning the travel package (Organiser, travel, etc.) must be intended with reference to the correspondent figures of the sale contract of the single touristic services (Seller, accommodation, etc.)
Technical organisation: Sintur
Insurance: Europ Assistance S.p.A. n° 19396
Compulsory communication in accordance with the article 16 of the law 269 of 3/10/98. The Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if they have been committed abroad.
INFORMATIVA ex art. 13 D. Lgs. 196/03
(protection personal data)
The treatment of personal data, whose submittal is necessary to conclude and execute the contract, is carried out in accordance with D. Lgs. 196/2003 in both digital and printed format. Data will be transmitted only to the suppliers of the services included in the travel package. The client will be able to exercise the rights ex art. 7 D. Lgs. 196/03, by contacting Sun Events srl, travel organization, [email protected], treatment holder.