GENERAL TERMS OF A PACKAGE TOUR SALE CONTRACT

1. Introduction. Notion of tourist package
   Granted that:
   1. a) the package tour organizer and seller to which the customer applies to, must own the administrative authorization to fulfil their activities;
   2. b) the customer has the right to receive a copy of the sale contract of a package tour (according to the article 84 of the Consumption Code) which is the necessary document to accede possibly to the Guarantee Fund the paragraph 18 of these General Contract Terms refers to.
   The notion of “package tour” (paragraph 84 of the Consumption Code) is the following: the subject matters of package tours are journeys, holydays and “all inclusive” circuits, resulting from the pre-established combination of at least two of the elements hereafter specified, sold or offered for sale at a flat-rate price, lasting more than 24 hours, in other words extending for a period of time comprehending at least one night:
   1. transportation;
   2. accommodation;
   3. tourist services not accessory to transportation or accommodation (words left out) … which constitute a meaningful part of the “package tour”.
2. Legislative sources
   The transaction of a package tour, whether it concerns services to be supplied in domestic or foreign territory, will be regulated by the Law 27/12/1977 no.1084, ratifying and executing the International Journey Contract Convention (CCV), subscribed in Brussels on 23/04/1970, applied also by the Consumption Code.
3. Bookings
   Booking application must be filled in the proper contract form, it must be compiled in every part and subscribed by the client. The rendering of services is subordinated to the availability of seat and it has to be considered as perfected, with following closure of the contract, only when the organizer will send the client the written confirmation. The above-mentioned confirmation will be given by the organizer directly or through the retail travel agencies as long as they have the approval issued from time to time by the organizer himself. This does not imply the negotiation of package tours outside the trade locals. The indications dealing with the package tour comprehended neither in the contract nor in brochures or other means of communication will be provided by the organizer as the regular carrying out of his provided duties, according to the legislative decree 111/95.
4. Payments
   A partial payment of 25% of the entire participation fee must be deposited at the booking time. The settlement must be paid within 30 days prior departure. Bookings made in the 30 days before the departure must be paid at the moment of the inscription. The non-payment is an explicit resolutive clause, which would determine the rescission of the tourist package sale contract, set apart the compensation for further damages suffered by the organizer.
5. Modification of the package tour before the departure
   The prices indicated in the contract can be changed until 20 days before the departure, according to the following variations only: - transportation costs, including the fuel cost; - taxes and fees on some kinds of tourist services, such as landing and embarkation fees, in ports and airports. As for such variations, these will be referred to the exchange rates and to the above-mentioned costs, as well as to the relevant prices quoted at the moment of the booking application. If the organizer is forced to change meaningfully an essential element of the contract, including the price, he is expected to give the consumer seasonable communication. It is considered as meaningful a price increase over 10%, as well as significant modifications of one or more material elements of the contract, which can objectively be defined fundamental for the fruition of the tourist package. The customer who receives such communications can withdraw from the contract, without paying penalties, or accept the modification, which will become part of the contract. The customer will have to submit his decision (to accept the modification or to recede) within and no longer than 2 working days from the moment in which he has been given the notice of the modification. In case of lack of explicit official announcement within the above-mentioned term, the proposal formulated by the organizer is considered accepted. The organizer will have to find an alternative solution, without any extra charge at contractor's expense. In case the services supplied have a lower value than the provided ones, the organizer has to refund the price differentials. If there is no alternative solution, or the solution proposed by the organizer is not accepted by the customer, the organizer will supply without any extra charge means of transport having the same value as the former to go back to the departure place or to a different agreed place, only if such solution is objectively indispensable.
6. Withdrawal of the customer
   The customer can withdraw from the contract, without paying penalties, only when receiving the communication of the change of an essential element, as according to the article 5, sub-article 3. If he decides to withdraw from the contract, he has the right to enjoy another journey of the same value of the previous one. If the organizer or the seller cannot propose a similar package, the customer has the right to be refunded of the difference. The consumer which will withdraw from the contact will have to pay, as a withdrawing sum, the following amounts:
   1. 20% of the fee until 30 working days (Saturday excluded) before the departure;
   2. 50% of the fee until 10 working days (Saturday excluded) before the departure;
   3. 85% of the fee until 5 working days (Saturday excluded) before the departure;
   4. 100% of the fee after these terms.
7. Missed execution
   The consumer can exercise the rights provided by the previous article 6, sub-paragraphs 1 and 2, also in the case the organizer tells the consumer before the departure his impossibility to effectuate the services objects of the package. The organizer can cancel the contract if the minimum number of participants is not reached. In that case, the organizer will be supposed to refund the sums received within 7 working days preceding the moment of the withdrawal or the cancellation, excluding every further disbursement.
8. Responsibility of the organizer
   The organizer answers for the damages caused to the consumer because of total or partial non-fulfilment of the services described in the contract, either if these are performed by himself or third-party suppliers, unless it proves that the event depends on the customer (including initiatives taken by himself independently, during the execution of tourist services), or on events not linked with the supply of the services described in the contract, fortuitous events, force majeure or else by circumstances which the organizer itself might not reasonably foresee or solve, on the basis of a principle of professional care.
9. Substitutions
   The renouncing customer can be replaced by a different person, in case:
   1. the organizer is informed in writing at least 4 working days before the date fixed for the departure, receiving at the same time a notice concerning the name and address of the cessionary;
   2. the substitute satisfies all the conditions for the fruition of the service (former article 89 of Consumption Code), and in particular the requirements concerning the passport, visas and medical certificates;
   3. the replacing subject refunds the organizer all the additional charges sustained to proceed to the substitution in the measure that will be quantified before the cession.
   
   The yielding and the cessionary are firmly responsible for the payment of the settlement of the fee as well as the amount specified at the letter c) of this article.
10. Limits of indemnity
    The indemnity due by the organizer cannot in any case be higher than the compensation indemnities described by international conventions, with reference to the performances whose non-fulfillment caused the responsibility, that is the Warsaw Convention of 1929 about international air transportation in the text modified at The Hague in 1955; the Berne Convention (CIV) about railway transportation; the Paris Convention of 1962 about the hotel-keepers; the Brussels Convention of 1970 (CCV) about the organizer responsibility. In any case, the compensation limit cannot exceed the sum of “5.000 Germinal gold francs for any other damage”, fixed in the article 3 no. 2 CCV.
11. Assistance obligation
    The organizer is obliged to perform assistance to the customer, on the basis of a professional diligence principle, solely with reference to its obligations, or by contract or law regulation. The organizer is not responsible for unsuccessful or wrong execution of the contract from part of the seller.
12. Claims and denunciations
    Any lack in the contract performance has to be notified by the customer with no delays to the organizer so that his legal representative or the tour leader can immediately make up for it. The customer can also make his claim by registered post, with receiving notice, to the organizer to the seller, no later than 10 working days starting form the return day in the departure place.
13. Insurance for annulment and repatriation expenses
    In case an insurance is not explicitly included in the price it is possible, or even better advisable, when reserving, to take out special insurance policies for expenses deriving form the tourist package annulment, accidents or luggage. These insurance policies can be taken out in the organiser or seller offices. It will be also possible to have an assistance contract, which can cover repatriation expenses in case of accident or illness.
14. Guarantee Fund
    This Guarantee Fund is available at the General Direction for Tourism of the Ministry of Productive Activities. In case of insolvency or bankruptcy by the seller or the organizer, the customer can turn to this Fund (in accordance with the article 100 of Consumption Code), for covering the following needs:
    1. refund of the price paid;
    2. ) repatriation, in case of journeys in foreign countries.
    Furthermore, this Fund must give an immediate economic availability in case of forced return of tourists from non-EU members, on occasion of emergencies due or not due to the organizer’s behaviour. The intervention ways of the Fund are fixed by means of a Decree of the President of the Council of Ministers of 23/07/1999, no. 349 of the Official Gazette no. 249 of 12/10/1999.

1. Laws provisions
   Contracts having as purpose only the offer of transport service, or stay, in other words, any other separate tourist service, which cannot be considered as a case in point contractual of the travel organization that is the tourist package. These contracts are regulated by the following disposition of CCV: article 1, no. 3 and 6, articles from 17 to 23; articles from 24 to 31, as regards provisions different form those regarding the organization contract as well as from other negotiations that specifically refer to the selling of a single service object of the contract.
2. Contract terms
   To these contracts are also applicable the following clauses stated in the general terms of sale of package tour aforesaid: art. 4, 5, 6, 7, 11, 13. The application of aforesaid clauses does not determine at all the configuration of the relative contracts in this case the package tour contract (organizer, travel, etc.) is therefore considered as a reference for the corresponding sale contract of single tourist services (seller, stay, etc.)