TERMS OF SALE OF A TOURIST PACKAGE
Foreword Ė Definition of a tourist package
the organizer and vendor selling a tourist package must have the
administrative authorization to carry out their
the consumer shall be issued with a copy of the contract of sale of
the tourist package (in accordance with art. 85 of the Conusmerís
Code) which is a necessary document to access the Warranty Fund as
per Art. 18 of these booking conditions;
definition of Tourist Package (as per art. 84 of the Consumerís
Code) is the following: packages concern the journeys, the holidays
and excursions or visits all included, resulting from the
pre-determined combination of at least two of the elements referred
to below, sold or offered for sale at a flat-rate consideration, and
of a duration in excess of twenty four hours or including at least
tourist services not related to the transport or accommodation
pursuant to Article 86, subparagraphs (i) and (o), that form a
significant part of the package.
contract of sale of a tourist package, be it for domestic tour
services or trips abroad, is ruled by the provisions of the Brussels
Convention (CCV) dated 20 April 1970 implemented by Law no.
1084/1977, whenever applicable, as well as by the Consumerís
Compulsory information Ė Technical Sheet
organizer must provide for a technical sheet to be included in the
tour brochure or separate tour program. The technical sheet must
include the following elements:
of the organizerís public authorization;
of the organizerís public liability insurance;
term of the tour brochure or separate tour program or tailor-made
and conditions of transferring the contract (art. 89 of the
exchange rate for calculating currency adjustments (date and
requests shall be written out using an appropriate booking form. The
booking form may be in electronic format and shall be duly completed
in all its parts and signed by the client, who will receive a copy
of it. It is understood that bookings are accepted and the travel
contract becomes effective only after the organizer has issued a
booking confirmation that will be sent to the client at the vendorís
place, also via electronic means of communication. Any information
about the tourist package which may not have been included in the
travel contract, brochure or other leaflet, will be supplied by the
organizer in due time before tour departure in complance with art.
87, par. 2 of the Consumerís Code.
deposit, up to 25% of the tourist package price, to be paid at the
time of booking or at the time of the binding request, and the date
by which the balance is due, are clearly indicated in the brochure,
leaflet or any other document. Failure
to pay the above mentioned sums by the due dates shall entitle the
organizer and/or vendor to terminate the
price of the tourist package is indicated in the travel contract
with clear reference to the prices stated in the published brochure,
separate tour program and their further
price is subject to change up to 20 days before tour departure as a
result of variations in:
of transportation, including cost of fuel;
and taxes chargeable for some type of travel services such as fees,
taxes, embarkation and disembarkation fees at ports and
the event of any variation, clear reference will be made to the
exchange rate/s and costs in force on the date the brochure or
separate tour program has been published, as indicated in the
technical sheet, or on the date the above mentioned brochure or
separate tour program has been updated. Fluctuations will affect the
tourist package flat rate in the percentage that has been clearly
indicated in the technical sheet included in the brochure or
separate tour program.
Alteration of cancellation of the tourist package before departure
departure, if the organizer or vendor finds that he is required to
make significant alterations to one or more elements of the
contract, he shall immediately make written notification to the
consumer, indicating the type of alteration and the resulting price
the consumer does not accept the proposed alteration pursuant to
paragraph 1, the consumer shall be refunded of any sums of money
already paid or he shall be entitled to take a subsitute package
according to article 8, paragraphs 2 and 3.
consumer is entitled to fully exercize the above mentioned rights
also in the event of cancellation due to a failure to reach the
minimum number of participants indicated in the brochure or separate
travel program or due to exceptional circumstances (force majeure)
and unexpected events applicable to the tourist package that has
cancellations other than those due to force majeure, unexpected
events, failure to
reach the minimum number of participants or non-acceptance of a
substitute package by the consumer, the consumer will be refunded
with twice the amount of the sum paid to the organizer through the
vendor (art. 33, letter e) of the Consumerís
amount to be refunded will never be greater than twice the amount
that the consumer would be due on the same date according to art. 8,
paragraph 4, if he was to cancel.
consumer can withdraw from the contract and cancel a booking without
paying any cancellations fees in the following
the tourist package price exceeds an increase of 10% as a result of
fluctuations, increase in the cost of transportation, increase of
taxes and dues on certain types of travel services as stated in
above art. 6;
one or more fundamental elements constituiting the tourist package
are modified by the organizer after confirmation and before
departure and declined by the consumer.
the above cases, the consumer has the right to:
benefit from an alternative tourist package, if available, of equal
or upper value without any surcharge or of lower value with a refund
in respect of any price difference;
receive a refund of the sums paid within 7 working days of the date
of refund request.
consumer must inform the organizer in writing about his decision to
accept the changes or withdraw from the contract within 2 working
days of receipt of notification of price increase or alteration.
Should that not happen in due time, the solution proposed by the
organized will be considered as accepted.
the consumer withdraws from the contract before departure for a
reason not included in the cases indicated in paragraph 1, the
organizer - regardless of the deposit paid in reference to art. 5,
paragraph 1 - will retain the booking fee and will apply the
cancellation fees as set out in the technical sheet included in the
brochure or separate tour program or tailor-made tour
case of pre-arranged groups, cancellations fees will be agreed upon
from time to time when signing the contract.
Alterations after departure
after departure, the organizer is unable to supply, for whatever
reason, except for reasons ascribable to the consumer, a significant
part of the services indicated in the travel package, the organizer
shall act with wisdom and take steps to safeguard the consumerís
interests, by supplying adequate alternative solutions without any
surcharge or with a refund in respect of any price difference in
case of alternative services of lower value.
case of impossibility to offer alternative solutions or should the
consumer reject all alternative solutions (for valid and serious
reasons), the organizer will offer, free of charge, a suitable means
of transportation to the departure point or to any agreed location,
subject to availability of seats and means of transport, and will
refund the consumer the price difference between the amount paid and
what actually benefited from.
Transferring of a contract
consumer may ask a third party to stand in for him, provided
organizer or vendor is given notice and receives in writing all
personal details of the transferee no later than four business
days before departure;
transferee satisfies all conditions required for the tour (ex.
Art. 89 Consumerís Code), specifically all the requirements
related to passport, visa, medical
transferee refunds the organizer of all expenses sustained for the
transferring of the contract. The amount of the expenses will be
notified to the transerfee before the
transferor and the transferee are jointly liable towards the
organizer or vendor for the payment of any outstanding balance due
in respect of the tourist package and any further expense that may
arise out of the transfer as per letter c) of this
details and transfer terms are indicated in the technical
must make sure that they have all the necessary documents (a valid
and proper ID/passport/visa/medical certification) requested by the
countries included in the various itineraries.
must observe the rules of normal prudence and diligence and the
specific rules in force in the countries of destination. In the same
way they have to follow the indications given by the organizer as
well as the administrative or legislative provisions stated in the
will be held responsible for any damage caused to the organizer due
to non-fulfillment of the above mentioned obligations and
consumer must supply the organizer with all documents, information
and elements helpful to the tour operator to exercise its
subrogation rights towards third parties responsible for damage and
on the other hand the consumer is held responsible towards the
organizer for prejudice caused to the subrogation rights.
the time of booking, the consumer shall inform the organizer in
writing about any special personal needs that they may have and
which may be part of a special agreement, provided that requirements
can be satisfied.
hotel classification indicated in brochures / travel programs /
other informative travel documents refers to the official government
ratings of the country in which the service is
official government classifications are not available, the organizer
may include a personal description of the accommodation in the
brochure so that the prospective consumer may evaulate it himself
and decide whether to accept it or not.
organizer is liable for all damages caused to the consumer owing to
partial or total non-fulfillment of the services stated the
Contract, both if they are supplied by the organizer himself and by
third parties, unless it is proved that the damage was caused by the
consumerís fault (also including personal initiatives during the
performance of the tourist services), by circumstances not related
to services indicated in the Contract, by force majeure or by other
circumstances which the organizer could not reasonably foresee or
is understood that the vendor with whom the booking was made is not
liable whatsoever for the obligations deriving from the organization
of the tourist package, the vendor being in fact liable solely for
his obligations as a go-between and in any case only to the extent
as provided for under current laws.
Extent of compensation
no case will the compensation for personal damage exceed the limits
stated in the international conventions which Italy and the EU agree
to in relation to the services whose unfulfilment determined the
liability. In no case will the compensation limit exceed the amount
of 50000 Germinal Gold Francs for damage to people, 2000 Germinal
Gold Francs for damage to property, 5000 Germinal Gold Francs for
any other damage (art. 13, no. 2 CCV).
organizer must offer the consumer all the measures of assistance
imposed by criteria of professional diligence with exclusive
reference to the obligations stated in the contract or in the above
mentioned laws. The organizer and the vendor are exonerated from
their obligations (art. 13 and art. 14 of these booking conditions)
when the partial or non-fulfillment of the contract is attributable
to the consumer or to an unforseeable or unaboidable act of a third
party or a fortuitous event or exceptional circumstances (force
Claims and complaints
consumer is required to notify the organizer (or his local
representative or the group leader) of any alleged failure to
perform the contract without delay so that the latter may remy such
failures at his earliest convenience.
also send the complaint to the organizer or vendor by registered
letter no later than 10 working days from his return to the place of
Trip cancellation and repatriation insurance
expressly included in the overall price of the tourist package, it
is strongly recommended that special travel insurance is taken out
at the time of booking with the organizer or vendor to
cover trip cancellation, accident and baggage loss expenses. It is
also possible to take out an
insurance policy covering repatriation costs in case of
accident or illness.
accordance with art. 100 of the Consumerís Code, a national
guarantee fund has been set up by Italian Government Authorities
(Ministry of Productive Activities) to safeguard the consumer in
case of insolvency or bankruptcy of the organizer or vendor. The
of the sums paid by the consumer for the travel
repatriation or the consumer in case of trips abroad.
The fund also provides immediate financial resources in the
event of forced repatriation of tourists from non-EU countries due
to emergencies, whether or not such emergencies are attributable to
for the operation and management of the fund are specified in the
Prime Minister decree no. 349 of 23 July 1999, published on the
Official Gazette on 12 October 1999, issue no.
ADDENDUM Ė GENERAL TERMS OF SALE OF SINGLE TRAVEL
contracts dealing with the offer of only one tourist service (e.g.
transport only, accommodation only, or any other separate travel
service), since they cannot be considered as travel package, they
are ruled by the following provisions of the CCV: Art. 1, no. 3 and
no. 6; Arts. 17 to 23; Arts. 24 to 31, with regard to provisions
different from those related to the organization contract as well as
by all other agreements specifically related to the sale of single
travel services being the subject of the contract.
following clauses of these booking conditions also apply to such
contracts: Art. 4 paragraph 1; Art. 5; Art. 7; Art. 8; Art. 9; Art.
10 paragraph 1; Art. 11; art. 15; art. 17. The application of these
clauses does not determine in any way the configuration of the
related contracts as travel package contracts. The terminology used
in the above clauses regarding a travel package contract (organizer,
trip, etc.) should
therefore be understood as referred to the corresponding elements of
the single travel service contract (vendor, accommodation,
communication according to Art. 17 of Law 38/2006.
Italian law punishes with imprisonment all crimes concerning
prostitution or pornography involving minors, regardless of the
offence being committed in Italy or
travel contract is signed with Euroconnections srl, which is the
owner of Discover Friuli trademark and Mitteltur travel agency. It
is important that the consumer reads and understands the booking
conditions, before making a booking. They refer to all travel
arrangements and services, ruled by international laws on tourism,
supplied by the organizer.
authorization: decree no. 238/TUR dated 05.06.2000
issued by the Friuli Venezia Giulia Region
Liability Insurance: Mondial
Assistance Italia Spa insurance policy no. 164859
travel programs published on the website www.discoverfriuli.com are
written in compliance with the requirements stated in the
Friuli-Venezia Giulia regional law no.
programs remain valid from 01 January 2007 to 31 December
Eur. 15,00 for the reservation of single travel
the time of booking, the consumer must complete a booking form and
send it to the organizer together with a deposit of 25% of the
package price. Full and final payment is due 30 days prior to
departure for multiple-day tours and 15 days for day tours.
Reservations will be confirmed only after receipt of the signed
booking form and deposit. If the initial reservation is made within
30 days (for multiple-day tours) or 15 days (for day tours) of the
date of travel, full payment is due upon requesting a reservation.
If payment is not received by the due date, confirmed reservations
will be subject to cancellation and the consumer will be liable for
the cancellation fees shown below.
person who signs the booking form accepts the booking conditions on
behalf of all members of his party and also accepts full
responsibility for all payments due to the organizer in relation to
the travel services booked.
are accepted and the travel contract becomes effective only after
the organizer has issued a booking confirmation that can be sent to
the client also via electronic means of communication. The
consumer is requested to check the booking confirmation carefully to
ensure it reflects all the details requested.
can be made by bank/wire transfer or credit card (Visa or
MasterCard). Credit card details can be sent to the organizer by
fax. In case of payment by bank/wire transfer, the consumer is
requested to send a copy of the bank transfer to the organizer by
indicated in the contract refer to the prices stated in the
published brochures, leaflets, website, separate tour programs, etc.
They are meant per person sharing a double room. They are quoted in
Euros and include V.A.T. They do not include tips, extras in general
and whatever not specifically stated. Prices are based on the
exchange rate, transport costs (including cost of fuel), dues
and taxes chargeable for some type of travel services such as
taxes, embarkation and disembarkation fees at ports and airports,
valid at the time of issue (15 December 2006).
will be altered as a result of changes in the cost of transport
only. Up to 21 days before departure, the tour price may be
increased by max. 20%.
the consumer (or a member of his party) decides to cancel his/her
booking for a reason not included in art. 8, paragraph 1 of the
General Terms of Sale of a Tourist Package or Single Travel Servie,
the organizer will apply the following cancellation fees.
Cancellation fees are calculated from the date the organizer
receives the written notification of cancellation in its
10% of the full amount from the date of confirmation up to 30 days
25% of the full amount from 29 to 20 days before
50% of the full amount from 19 to 10 days before
75% of the full amount from 09 to 04 days before
100% of the full amount from 03 days to date of
and full-day tours:
10% of the full amount from the date of confirmation up to 15 days
50% of the full amount from 14 to 9 days before
75% of the full amount form 8 to 4 days before
100% of the full amount from 3 days to date of
100% cancellation feed applies also:
in case of no/show at departure
if cancellation occurs after travel has started (unused services
will not be refunded)
if the consumer lacks the necessary travel documents (i.e. a proper
and valid ID/passport/VISA/medical certificates or any other
necessary document) to enter Italy and/or the countries included in
the tour package. A participant that, for his negligence, forgets
his travel documents and is rejected by Customs, will be considered
as renouncing to the travel package and will be subject to the
regulations of these booking conditions.
obtain the refund of the cancellation fees, trip cancellation
insurance is strongly recommended.
to the contract and transferring of the
to the contract and/or transferring of the contract to a third party
after a booking confirmation has been issued are subject to a Eur.
compliance with art. 10 of the booking conditions, the organizer
informs that with regard to certain types of services, it may happen
that a supplier cannot accept the transferring of a contract, even
if it occurs by the deadline indicated in the above mentioned art.
10. If so, the organizer shall not be held responsible for any
refusal by a supplier and will immediately inform the consumer about
the time of booking, the consumer shall inform the organizer in
writing about any special personal needs (dietary restrictions,
allergies, impairments, etc.) that he/she may have and which may be
part of a special agreement, provided that such requirements can be
travel contract is made on the terms of these booking conditions,
which are governed by Italian Law. In the unlikely event that
complaints cannot be settled amicably between organizer and
consumer, all disputes arising in connections with the travel
contract shall be finally settled by Italian Civil Court in the
Jurisdiction of Udine.
organizer is committed to protecting consumerís privacy and security
according to the provisions included in the Italian Data Protection
Act no. 196/2003 art. 13. The organizer will only use the
information collected about the consumer to process the consumerís
orders and inform him/her about the services. The organizer will
never willfully disclose personal information about the consumer to
any third party other than to process the consumerís orders without
first receiving his/her permission or unless the organizer is under
a legal obligation to do so. According to the above mentioned act,
the consumer can consult, cancel, update his/her personal
information at all times by writing to Euroconnections srl Ė Via S.
Pellico 6 Ė (33043) Cividale del Friuli (UD) Ė