General Conditions

Servizi ed esperienze di viaggio su misura

GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF PACKAGE TRAVEL

CONTENT OF THE CONTRACT FOR THE SALE OF PACKAGE TRAVEL

In addition to the following general conditions, the description of the package travel contained
in the catalogue, website or other informative material of the Commercial Partner or contained in
a separate travel program, as well as, if subsequent to the sign off of this agreement, the
booking confirmation of the services requested by the traveler together with the documents
referred to in art. 36 paragraph 8 of the Code of Tourism are an integral part of the travel
contract. By undersigning the offer for the purchase and sale of a package travel, the Traveler
expressly declares he/she has understood and accepted, for him/herself and for the subjects on
behalf of which he/she has requested the all-inclusive service, both the travel contract as
regulated therein, the warnings herein contained, and this general conditions.

1) APPLICABLE REGULATION
The contract for the sale of a package travel, whether its subject is the provision of services in
Italy or abroad, is governed by the Italian Legislative Decree of 23 May 2011 No 79 Articles 32 –
51-novies (“Co-de of Tourism”, hereinafter the CoT) as amended by Italian Legislative Decree no 62
of 6 June 2018 im-plementing EU Directive no. 2015/2302. The CoT has repealed the former framework
set forth by Italian Law No 1084 of 27/12/1977 (Ratification and Implementation of the
International Convention on Travel Contracts (CTC), undersigned in Brussels on 23.4.1970 and which
– however – remains in force conside-ring undersigning Extra-UE States or States being part of the
CTC but which are not subject to European rules. The contract is also governed by the specific
provisions on transport, service contracts and man-date contained in the Italian Civil Code – to
the extent these are applicable – and by the Italian code of Navigation (Royal Decree no. 327 of
30.03.1942).

2) ADMINISTRATIVE REGIME
The Organizer and Seller of the package travel the Traveler is addressing to shall be authorized
to carry out the relevant activities on the basis of current legislation, including regional
legislation, given their required specific competences. Before closing the contract, the Organizer
and the Seller shall inform third parties about the insurance policy in force for their coverage
of risks deriving from professional civil liability, as well as the details of the insurance
against risks of insolvency or bankruptcy of both the Organizer and the Seller, given their
respective required specific competence, for the purpose of returning the sums which have been
paid or for the return of the traveler to the place of departure. Pursuant to art. 18, para. 6,
CoT, the use in the company name of the words “travel agency”, “tourism agency”, “tour operator”,
“travel mediator” or other words and phrases, even in foreign languages, of a similar nature, is
allowed only to those qualified companies referred to in the first paragraph.

3) DEFINITIONS (ART. 33 CoT)
For the purposes of this contract, the following definitions apply:
Traveler: any person who is seeking to conclude a contract or enter into a contract or is entitled
to travel under an undersigned organized tourism contract;
Trader: any, natural or legal, public or private person who is acting, including through any
other person acting in his name or on his behalf, for the purpose of his commercial, industrial,
artisanal or professional activity, whether acting in its capacity of organizer, professional
trader facilitating connected travel servi-ces or as a travel service provider, under the
currently applicable legislation;
Organizer – Seller: a trader who combines and sells, or offers for sale, packages, either directly
or through another trader or together with another trader;

4) THE CONCEPT OF PACKAGE TRAVEL (ART. 33, para. 1, n. 4, lett. c) CoT)
A package travel shall be intended as a “combination of at least two different types of touristic
services for the purposes of the same travel or the same holiday, upon occurrence of at least one
of the following conditions:
1) these services are combined by a single trader, even upon request of the Traveler or according
to its selection, before a single contract for all the services is concluded;

2) these services, even if concluded with separate contracts with individual suppliers of
touristic servi-ces, are:
2.1) purchased from a single point of sale and selected before the Traveler agrees to pay;
2.2) offered, sold or invoiced at a lump sum or at all inclusive price;
2.3) advertised or sold under the name “package” or similar names;
2.4) combined together after the conclusion of a contract through which the trader allows the
Traveler to choose from a selection of different types of travel services, or purchased from
separate traders through linked online booking processes where the name of the Traveler, payment
details and e-mail address are transmitted by the trader with whom the first contract is concluded
to one or more traders and the contract with the latter trader(s) is concluded within 24 hours
from the confirmation date of the booking of the first travel service at the latest.

5) INFORMATION TO THE TRAVELER BEFORE CLOSING THE CONTRACT (ART. 34 CoT)
1. Before concluding the travel package contract or a contract for a related offer, the
Organizer/Seller shall provide the Traveler with the relevant standard information form referred
to in Annex A, section I or section II of the CoT, as well as the following information:
a) the main characteristics of the touristic services, such as:
1) the travel destination(s), the itinerary and periods of stay, with relevant dates and, if
accommodation is included, the number of nights included;
2) the means, characteristics and categories of transportation, the places, dates and times of
departure and return, the duration and places of intermediate stops and transport connections; if
the time has not yet been established, the organizer and, where applicable, the seller, shall
inform the Traveler of the approximate time of departure and return;
3) the location, main features and, where applicable, the tourist category of the accommodation
under the rules of the Country of destination;
4) the meals which will be provided;
5) visits, excursions or other services included in the price agreed for the package;
6) tourist services provided to the Traveler as part of a group and, in this case, the approximate
size of the group;
7) the language in which the services are provided;
8) whether the trip or the holiday is suitable for persons with reduced mobility and, upon the
Traveler’s request, precise information on the suitability of the trip or holiday that takes into
account the Traveler’s needs;
b) the trading name and geographical address of the organizer and, where applicable, of the
seller, their telephone numbers and e-mail addresses;
c) the total price of the package inclusive of taxes and all additional fees, charges and other
additional costs, including any administrative and handling costs, or, where those costs cannot
reasonably be calculated in advance of the conclusion of the contract, an indication of the type
of additional costs which the Traveler may still have to bear;
d) the arrangement for payment, including any amount or percentage of the price to be paid as
advance payment and the timing for payment of the balance, or the financial guarantees which the
Traveler is required to pay or provide;
e) the minimum number of persons required for the package and the time-limit referred to in
Article 41(5) lett. a) CoT, before the starting date of the package for the possible termination
of the contract if that number is not reached;
f) general information on passport and visa requirements, including approximate periods for
obtaining visas and information on health formalities of the country of destination;
g) information on the Traveler’s right to withdraw from the contract at any time before the
starting date of the package upon payment of appropriate withdrawal fees or, if envisaged, the
standard withdrawal costs required by the organizer pursuant to article 41 para 1 CoT;
h) information on the registration for an optional or compulsory insurance to cover the costs of
unilateral termination of the contract by the Traveler or the costs of assistance, including
repatriation, in the event of accident, illness or death;
i) details on the insurance referred to in article 47, para. 1, 2 and 3 CoT.
2. Considering those package travel contracts referred to under article 33, para. 1, lett. d) CoT,
which are concluded over the phone, the Organizer or the trader provides the Traveler with
standard information referred to under Annex A, Section II, of this Legislative Decree and
information referred to under para. 1.

6) CONCLUSION OF THE PACKAGE TRAVEL CONTRACT (ART. 36 CoT)
The proposal for the purchase and sale of a package travel shall be made on a specific contractual
form, in electronic format or, in any case, on a durable medium, completed in its entirety and
undersigned by the client, who will receive a copy. The acceptance of the offer for the purchase
of the package travel is considered completed, with the consequent conclusion of the contract,
only upon confirmation sent by the Organizer, also via a computer system, to the Traveler. The
indications relating to the package travel which are not included in the contractual
documentation, in the brochures or in other means of written communication, will be provided by
the organizer, in the regular performance of its duties pursuant to art. 36, paragraph 8, CoT
before the starting date of the travel.
Special requests on the delivery method and/or on the performance of certain services included in
the package, hereby including any necessary airport assistance for people with reduced mobility,
request for special meals on board or at the resort, shall be made in the booking request and
shall be the subject of a specific agreement between the Traveler and the Organizer.
In case of contracts negotiated outside of business premises, the traveler has the right to
withdraw from the package travel contract within a period of five days from the date of the
conclusion of the contract or, if subsequent, from the date on which he receives the contractual
conditions and preliminary information, without penalties and without giving any justification. In
case of offers with significantly lower fares than current offers, the right of withdrawal is
excluded. In the latter case, the Organizer shall provide evidence of the price variation by
adequately highlighting the exclusion of the right of withdrawal (Article 41, para-graph 7, CoT).

7) PAYMENTS
Upon signing the package travel purchase offer, the following shall be paid:
the individual registration or handling fee (see Article 8);
advance payment on the price of the package travel published on the catalogue or indicated in the
quota-tion by the Organizer. This sum is payed as a deposit and as a percentage of the overall
price.
Over the duration of the purchase offer and, therefore, before any confirmation of booking that
constitutes, pursuant to art. 1326 of the Italian Civil Code, the conclusion of the contract, the
effects of art.1385 of the Italian Civil Code are not produced if the withdrawal is caused by a
supervenient not attributable fact. The balance shall be mandatorily paid within the deadline set
forth by the Organizer in its catalogue or in the booking confirmation of the requested package
travel or, lastly, in the contractually agreed term.
For those bookings occurred after the date indicated as the deadline for making the balance, the
full amount shall be paid upon signing the purchase offer;
Failure to pay the sums referred to above on the established dates constitutes an express
termination clause pursuant to art. 1456 of the Italian Civil Code which determine the termination
by law of the con-tract with simple written communication, by fax or e-mail, or at the domicile,
including the electronic one, where communicated, of the Traveler. The balance of the price is
considered to have taken place when the sums reach the Organizer directly from the Traveler.

Please read carefully all information on this page

VILLAS, PACKAGE TOURS, EVENT and WEDDING ORGANISATION

Reservations and payments
Reservations will be confirmed upon receipt of a signed booking form and a non-refundable deposit of 30% of the total price required per person.

Final payment is due 60 days prior to the first day of activity. If payment is not received at that due date, CLM Viaggi reserves the right to cancel the booking retaining the deposit.

When booking within 30 days of the start date of the reserved activity, full payment is to be done within 3 days after the receipt of the booking confirmation.

PALIO TICKETS and SERVICES

Reservations and payments

Payment is due in full at the time of order confirmation and will be by bank’s transfer. The moment that your order is confirmed and payment has been processed then you’ll receive an email with full details and voucher to be exchanged for tickets on the spot.In the unfortunate event of you needing to cancel your visit then please note that Palio tickets are non-refundable. They may, however, be transferred to another person or persons. In the event of rain the main Palio race will be postponed until the following day and your tickets are valid for the rescheduled race. Cancellations of the Palio race (or the rescheduled race), or the Contrada dinner or the guided tours due to extraordinary weather conditions are not refundable.

Methods of payments
All payments can be done by bank transfer (that shall record the name of the client, number of persons booked and reference to the tour).

Acceptance – Voucher
By signing and sending the booking form, the client accepts the terms and conditions of this contract. After the balance has been paid, CLM Viaggi will send the client a voucher that the client, upon arrival, must show to hotel or office where the service is given. No other document will be considered valid.

Cancellation policies
Client can cancel his/her booking. Such cancellation needs to be notified in a written form.

The client will be entitled to reimbursement of the rental fee subject to the deduction of a penalty.

30% of the total rental fee if the cancellation is notified more than or equal to 40 days before the start fo rental period:

50% if cancellation is notified between 39 and 30 days before the start of rental period;

60% if cancellation is notified between 29 and 22 days before the start of rental period;

80% if cancellation is notified between 21 and 15 days before the start of rental period;

100% if cancellation is notified during the 14 days before the start of rental period;

Liability Insurance
CLM Viaggi has stipulated all the insurance policies required by the Region of Tuscany, Italian law, and the European Community.

These policies cover the legal liability of CLM Viaggi – authorization by Amministrazione Provinciale di Siena n°0067- according to the rules and insurance obligations of Italian law dated 17 March 1995 n°111 and of the CCV (International Convention for Travel Contracts ) – law dated 27 December 1977 n°1084.

Jurisdiction
For any dispute concerning the booking and the Booking Conditions, the Court of Siena has jurisdiction and the Italian law is applied.

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