GENERAL TERMS OF SALE OF A TOURIST PACKAGE

1. Foreword – Definition of a tourist package

Considering that:

a) the organizer and vendor selling a tourist package must have the administrative authorization to carry out their activity;

b) the consumer shall be issued with a copy of the contract of sale of the tourist package (in accordance with art. 85 of the Conusmer’s Code) which is a necessary document to access the Warranty Fund as per Art. 18 of these booking conditions;

the definition of Tourist Package (as per art. 84 of the Consumer’s 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 one night:

a) transport;

b) accommodation;

c) 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.

2. Applicable laws

The 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 Consumer’s Code.

3. Compulsory information – Technical Sheet

The 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:

-          details of the organizer’s public authorization;

-          details of the organizer’s public liability insurance;

-          validity term of the tour brochure or separate tour program or tailor-made tour document;

-          terms and conditions of transferring the contract (art. 89 of the Consumer’s Code);

-          reference exchange rate for calculating currency adjustments (date and rate)

4. Bookings

Booking 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 vendor’s 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 Consumer’s Code.

5. Payments

The 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 contract.

6. Price

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 updates.

The price is subject to change up to 20 days before tour departure as a result of variations in:

-          cost of transportation, including cost of fuel;

-          dues and taxes chargeable for some type of travel services such as fees, landing taxes, embarkation and disembarkation fees at ports and airports;

-          currency fluctuations.

In 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.

7. Alteration of cancellation of the tourist package before departure

Before 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 change.

If 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.

The 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 been purchased.

For 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 Consumer’s Code).

The 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.

8. Consumer withdrawl

The consumer can withdraw from the contract and cancel a booking without paying any cancellations fees in the following cases:

-          if the tourist package price exceeds an increase of 10% as a result of urrency fluctuations, increase in the cost of transportation, increase of taxes and dues on certain types of travel services as stated in above art. 6;

-          if one or more fundamental elements constituiting the tourist package are modified by the organizer after confirmation and before departure and declined by the consumer.

In the above cases, the consumer has the right to:

-          either 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;

-          or receive a refund of the sums paid within 7 working days of the date of refund request.

The 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.

If 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 document.

In case of pre-arranged groups, cancellations fees will be agreed upon from time to time when signing the contract.

9. Alterations after departure

If, 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 consumer’s 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.

In 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.

10. Transferring of a contract

The consumer may ask a third party to stand in for him, provided that:

1. the organizer or vendor is given notice and receives in writing all personal details of the transferee no later than four business days before departure;
2. the transferee satisfies all conditions required for the tour (ex. Art. 89 Consumer’s Code), specifically all the requirements related to passport, visa, medical certifications;
3. the 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 transfer.

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 article.

Further details and transfer terms are indicated in the technical sheet.

11. Participants obligations

Participants 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.

They 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 travel contract.

Participants will be held responsible for any damage caused to the organizer due to non-fulfillment of the above mentioned obligations and misconduct.

The 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.

At 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.

12. Hotel classification

The 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 provided.

If 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.

13. Organizer's obligations

The 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 consumer’s 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 solve.

It 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.

14. Extent of compensation

In 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).

15. Assistance obligations

The 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 majeur).

16. Claims and complaints

The 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.

The consumer must 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 departure.

17. Trip cancellation and repatriation insurance

Unless 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.

18. Guarantee fund

In accordance with art. 100 of the Consumer’s 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 fund guarantees:

-          reimbursement of the sums paid by the consumer for the travel package;

-          the 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 the organizer.

Procedures 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. 249.

ADDENDUM – GENERAL TERMS OF SALE OF SINGLE TRAVEL SERVICES

A) Law provisions

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.

B) Contract provisions

The 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, etc).

Compulsory communication according to Art. 17 of Law 38/2006.

The Italian law punishes with imprisonment all crimes concerning prostitution or pornography involving minors, regardless of the offence being committed in Italy or abroad.

TECHNICAL SHEET

The 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.

Technical Organization: Euroconnections srl

Public authorization: decree no. 238/TUR dated 05.06.2000 issued by the Friuli Venezia Giulia Region

Public Liability Insurance: Mondial Assistance Italia Spa insurance policy no. 164859

All 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. 02/2002.

Travel programs remain valid from 01 January 2007 to 31 December 2007.

Booking fee: Eur. 15,00 for the reservation of single travel services

Bookings and payments

At 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.

The 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.

Bookings 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.

Payments 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 fax.

Prices

Prices 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 landing taxes, embarkation and disembarkation fees at ports and airports, valid at the time of issue (15 December 2006).

Prices 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%.

Cancellation fees:

If 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 offices.

Multiple-day tours:

- 10% of the full amount from the date of confirmation up to 30 days before departure

- 25% of the full amount from 29 to 20 days before departure

- 50% of the full amount from 19 to 10 days before departure

- 75% of the full amount from 09 to 04 days before departure

- 100% of the full amount from 03 days to date of departure

Half-day and full-day tours:

- 10% of the full amount from the date of confirmation up to 15 days before departure

- 50% of the full amount from 14 to 9 days before departure

- 75% of the full amount form 8 to 4 days before departure

- 100% of the full amount from 3 days to date of departure

A 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.

Trip cancellation insurance:

To obtain the refund of the cancellation fees, trip cancellation insurance is strongly recommended.

Alterations to the contract and transferring of the contract

Alterations 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. 15 fee.

In 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 such refusal.

Special requests

At 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 satisfied.

Jurisdiction

The 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.

Privacy policy

The organizer is committed to protecting consumer’s 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 consumer’s 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 consumer’s 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 – Via S. Pellico 6 – (33043) Cividale del Friuli (UD) – ITALY.