The sale of tourist packages, which have as their object services to be provided in both national and foreign territory, is governed by L. 27/12/1977 n ° 1084 of ratification and execution of the International Convention relating to the travel contract (CCV) signed in Brussels on 23.4.1970 -as applicable - as well as by the Consumer Code referred to in Legislative Decree no. 206 of 6 September 2005 (articles 82-100) and its subsequent amendments.
The organizer and the seller of the tourist package, to which the consumer is addressed, must be authorized to carry out their respective activities according to the applicable administrative legislation.
For the purposes of this contract, the following definitions apply:
travel organizer, the person who creates the combination of the elements referred to in the following art. 4 and undertakes in its own name and against a lump sum payment to procure tourist packages for third parties;
seller, the person who sells, or undertakes to procure tourist packages made pursuant to the following art. 4 towards a lump sum payment;
consumer of tourist packages, the buyer, the transferee of a tourist package or any person even to be named, provided that he meets all the conditions required for the use of the service, on behalf of which the main contractor undertakes to purchase a tourist package without remuneration.
The notion of a tourist package is as follows:
"The tourist packages concern trips, holidays and" all inclusive "circuits, resulting from the pre-established combination of at least two of the elements indicated below,
sold or offered for sale at a flat rate, and lasting more than 24 hours or extending over a period of time including at least one night:
tourist services not ancillary to transport or accommodation (omitted) ....... which constitute a significant part of the "tourist package" (Article 84 of the Consumer Code).
The consumer has the right to receive a copy of the tourist package sales contract (pursuant to Articles 85 and 86 of the Consumer Code), which is also a document for possibly accessing the Guarantee Fund referred to in art. 20 of these General Contract Conditions. "
The organizer is obliged to create a technical data sheet in the catalog or in the non-catalog program. The mandatory elements to be included in the technical data sheet of the catalog or of the off-catalog program are:
details of the administrative authorization or, if applicable, the D.I.A. of the organizer;
details of the civil liability insurance policy;
period of validity of the catalog or of the off-catalog program;
methods and conditions for replacing the traveler (Article 89 of the Consumer Code);
travel price adjustment parameters and criteria (Article 90 of the Consumer Code).
The organizer will also inform passengers about the identity of the actual carrier (s) within the times and in the manner provided for by art. 11 of the EC Reg. 2111/2005.
The booking request must be drawn up on a specific contractual form, electronic if necessary, completed in its entirety and signed by the customer, who will receive a copy. The acceptance of reservations is considered completed, resulting in the conclusion of the contract, only when the organizer sends the relative confirmation, also by electronic means, to the customer or to the selling travel agency.
The information relating to the tourist package not contained in the contractual documents, brochures or other means of written communication, will be provided by the organizer in regular fulfillment of the obligations provided for by art. 87, paragraph 2 of the Cons. before the start of the journey.
The amount of the deposit, up to a maximum of 30% of the price of the tourist package, to be paid at the time of booking or at the time of the binding request and the date by which, before departure (55 days), it must be made the balance, result from the catalog, the brochure or anything else.
Failure to pay the above amounts on the established dates constitutes an express termination clause such as to determine, by the intermediary agency and / or the organizer, the legal termination.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or out-of-catalog program and any subsequent updates of the same catalogs or out-of-catalog programs. It may be changed up to 20 days prior to departure and only as a result of changes in:
transportation costs, including the cost of fuel;
rights and taxes on some types of tourist services
such as taxes, landing, disembarkation or embarkation fees in ports and airports;
exchange rates applied to the package in question.
For these changes, reference will be made to the exchange rate and the above costs in force on the date of publication of the program as reported in the technical data sheet of the catalog or on the date reported in any updates above.
The fluctuations will affect the flat rate price of the tourist package in the percentage expressly indicated in the technical data sheet of the catalog or program out of the catalog.
In any case, the price increase cannot exceed 10% of the original one.
Before departure, the organizer or seller who needs to significantly modify one or more elements of the contract, immediately informs the consumer in writing, indicating the type of modification and the consequent price variation.
If you do not accept the proposed modification referred to in paragraph 1, the consumer may alternatively exercise the right to reacquire the sum already paid or to enjoy the offer of a replacement tourist package pursuant to paragraph 2 and 3 of article 10 .
The consumer can exercise the rights provided above even when the cancellation depends on the failure to reach the minimum number of participants provided for in the Catalog or in the out-of-catalog Program, or by cases of force majeure and unforeseeable circumstances, relating to the tourist package purchased.
For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the consumer of the alternative tourist package offered, the organizer who cancels, (Art. 33 letter and Consumer Code) will return to the consumer double the amount paid and collected by the organizer, through the travel agent.
The amount to be returned will never be more than double the amounts that the consumer would be owed on the same date in accordance with the provisions of art. 10, 4th paragraph if he were to cancel.
The consumer can withdraw from the contract, without paying penalties, in the following cases:
price increase referred to in the previous art. 8 in excess of 10%;
significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the tourist package as a whole considered and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the consumer.
In the above cases, the consumer has alternatively the right:
to take advantage of an alternative tourist package, at no extra cost or with the refund of the excess price, if the second tourist package has a lower value than the first;
to the refund of the only part of the price already paid. This return must be made within seven working days from the moment of receipt of the refund request.
The consumer must communicate his decision (to accept the change or to withdraw) no later than two working days from the time he received the notice of increase or change. In the absence of express communication within the aforementioned term, the proposal made by the organizer is considered accepted.
The consumer who withdraws from the contract before departure outside of the hypotheses listed in the first paragraph, will be charged - regardless of the payment of the deposit referred to in art. 7 paragraph 1 - the individual cost of handling the file, the penalty to the extent indicated in the technical sheet of the Catalog or Program out of the catalog or tailor-made travel, any consideration for insurance coverage already requested at the time of conclusion of the contract or for other services already returns.
In the case of pre-established groups, these sums will be agreed from time to time at the signing of the contract.
If, after departure, the organizer is unable to provide an essential part of the services covered by the contract for any reason, except for a fact of the consumer, he will have to arrange alternative solutions, without price supplements to be borne by the contractor. and if the services provided are of lower value than those provided, reimburse him in an amount equal to this difference.
If no alternative solution is possible, or the solution prepared by the organizer is rejected by the consumer for proven and justified reasons, the organizer will provide, at no extra cost, a means of transport equivalent to the original one provided for the return to the place of departure. or to the different place eventually agreed
compatibly with the availability of vehicles and places, and will reimburse you to the extent of the difference between the cost of the services provided and that of the services performed up to the time of early return.
The renouncing consumer can be replaced by another person provided that:
the organizer is informed in writing at least 4 working days before the date set for departure, receiving at the same time communication about the reasons for the replacement and the details of the transferee;
the transferee satisfies all the conditions for the use of the service (pursuant to art. 89 of the Consumer Code) and in particular the requirements relating to passport, visas, health certificates;
the same services or other replacement services may be provided following the replacement;
the substitute reimburses the organizer for all additional expenses incurred to proceed with the replacement, to the extent that will be quantified before the transfer.
The transferor and the transferee are jointly responsible for the payment of the balance of the price as well as the amounts referred to in letter d) of this article.
The additional terms and conditions of replacement are indicated in the technical data sheet.
During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided in writing with general information - updated to the date of printing of the catalog -
relating to health obligations and the documentation necessary for expatriation. Foreign citizens will find the corresponding information through their diplomatic representations present in Italy and / or their respective official government information channels.
In any case, consumers will, before departure, check that it is updated with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115 ) adjusting before the trip. In the absence of such verification, no responsibility for the non-departure of one or more consumers can be attributed to the seller or the organizer.
Consumers must inform the seller and the organizer of their citizenship and, upon departure, must definitively ensure that they have the
vaccination certificates, individual passport and any other document valid for all countries touched by the itinerary, as well as residence and transit visas and health certificates that may be required.
Furthermore, in order to assess the health and safety situation of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the consumer will find (using the information sources indicated in paragraph 2) the official information of a general at the Ministry of Foreign Affairs which expressly indicates whether or not the destinations are subject to formal discouragement.
Consumers must also comply with the rules of normal prudence and diligence with the specific rules in force in the destination countries of the trip, with all the information provided to them by the organizer, as well as with the administrative or legislative provisions relating to the tourist package. Consumers will be held responsible for all damages that the organizer and / or the seller may suffer also due to failure to comply with the above obligations.
The consumer is required to provide the organizer with all the documents, information and elements in his possession useful for exercising the right of subrogation of the latter towards third parties responsible for the damage and is liable to the organizer for the damage. brought about the right of subrogation.
The consumer will also communicate in writing to the organizer, at the time of booking, any particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that their implementation is possible.
The consumer is always required to inform the Seller and the Organizer of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) and to explicitly specify the request for related personalized services.
The official classification of the accommodations is provided in the catalog or in other informative material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided.
In the absence of official classifications recognized by the competent Public Authorities of the countries also members of the EU to which the service refers, the organizer reserves the right to provide its own description of the accommodation facility in the catalog or in the brochure, such to allow an evaluation and consequent acceptance of the same by the consumer.
The organizer is liable for damages caused to the consumer due to the total or partial non-fulfillment of the contractually due services, whether they are carried out by him personally or by third party service providers, unless he proves that the event arose from fact of the consumer (including initiatives autonomously taken by the latter during the execution of the tourist services) or by circumstances unrelated to the provision of the services provided for in the contract, by chance, by force majeure, or by circumstances that the organizer could not , according to professional diligence, reasonably foresee or resolve.
The seller with whom the tourist package was booked is not liable in any case for the obligations arising from the organization of the trip, but is solely responsible for the obligations arising from his capacity as intermediary and in any case within the limits established for this liability by the current regulations. in the field.
Compensation for damages cannot in any case exceed the limits indicated in Articles 94 and 95 of the Consumer Code.
The organizer is required to provide the consumer assistance measures imposed by the criterion of professional diligence exclusively with reference to the obligations incumbent on him by law or contract.
The organizer and the seller are exonerated from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failure or incorrect execution of the contract is attributable to the consumer or is due to the fact of an unforeseeable or inevitable third party, or it was caused by a fortuitous event or force majeure.
Any failure in the execution of the contract must be contested by the consumer without delay so that the organizer, his local representative or accompanying person
promptly remedy. Otherwise, the breach of contract cannot be contested.
The consumer must also - under penalty of forfeiture - make a complaint by sending a registered letter, with acknowledgment of receipt, to the organizer or to the seller, no later than ten working days from the date of return to the place of departure (to pursuant to art. 98 of the Consumer Code).
If not expressly included in the price, it is possible, and indeed advisable, to take out special insurance policies at the time of booking at the offices of the organizer or seller against expenses arising from the cancellation of the package, accidents and luggage. It will also be possible to stipulate an assistance contract that covers repatriation costs in the event of accidents and illnesses.
The National Guarantee Fund (Article 100 of the Consumer Code) established to protect consumers who are in possession of a contract, provides for the following needs in the event of insolvency or declared bankruptcy of the seller or organizer:
refund of the price paid;
repatriation in the case of travel abroad.
The fund must also provide immediate economic availability in the event of the forced return of tourists from non-EU countries in the event of emergencies attributable or not to the behavior of the organizer.
The methods of intervention of the Fund are established by the decree of the President of the Council of Ministers of 23/07/99, n. 349, G.U. n. 249 of 12/10/1999.
Contracts relating to the offer of only the transport service, accommodation, or any other separate tourist service, cannot be configured as a case in point
negotiation of travel organization or tourist package, are governed by the following provisions of the CCV: art. 1, no. 3 and n. 6; articles from 17 to 23; articles from 24 to 31, with regard to provisions other than those relating to the organization contract as well as other agreements specifically referring to the sale of the single service covered by the contract.
The following clauses of the general conditions of the contract for the sale of tourist packages listed above are also applicable to these contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 19. The application of these clauses in no way determines the configuration of the related contracts as a case of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, trip, etc.) must therefore be understood with
reference to the corresponding figures in the sales contract of individual tourist services (seller, vacation, etc.).
Approved in September 2007 by Astoi, Assoviaggi, Assotravel, Fiavet.
Ex Art. 05 - An integral part of the General Conditions of Participation
This catalog is valid from 12/31/2021 to 12/31/2022
This price list is valid from 12/31/2021 to 12/31/2022
Changes requested by the consumer and withdrawal by the consumer
Any change requested by the consumer after the confirmation of the services included in the package will result in a charge to the consumer of € 30.00 per person, in addition to the payment to the organizer of all additional costs incurred to proceed with the change. The change of the name of the renouncing customer with that of the substitute may not be accepted by a third party service provider, in relation to some types of services, even if carried out within the term referred to in art. 10, paragraph a), of the General Contract Conditions shown alongside.
The organizer will therefore not be responsible for any non-acceptance of the change by third party service providers. Such non-acceptance will be promptly communicated by the organizer to the interested parties before departure and, if the same consequently leads to the withdrawal from the Contract by the
Consumer, the same withdrawal conditions will be applied, as indicated below. The consumer who withdraws from the contract before departure outside of the hypotheses listed in the 1st paragraph, will be charged - regardless of the payment of the deposit referred to in art. 7, 1st paragraph - the individual cost of the practice opening fee, the insurance premium and, unless otherwise specified on the presentation pages of the individual products of this brochure and / or in the process of confirming the services, the penalties indicated below, depending on the number of days until the departure date (calendar days, not including that of withdrawal) in which the cancellation is given:
30% of the total booking price up to 55 days before departure;
60% of the total booking price from 54 to 30 days before departure;
80% of the total booking price from 29 to 15 days before departure;
from 14 days to the day before check-in the penalty will be equal to the entire value of the package.
NB: the same sums must be paid by those who cannot make the trip due to the lack or irregularity of the required personal expatriation documents. In the case of pre-established groups, these sums will be agreed from time to time at the signing of the contract.
Travel insurance coverage for the customer
When purchasing a tourist package, the Customer is required to take out a travel insurance policy to cover the cancellation penalties of the package provided for by the Consumer by art. 10 of the General Conditions of the contract for the sale of tourist packages, expenses relating to illness, accident, theft and damage to luggage, repatriation, etc. The Customer can choose whether to subscribe to the travel insurance and provide written proof of previous activation of a similar policy with the same object and the same services. Excursions and optional services purchased at the destination
Excursions and more generally the services purchased directly on site by the customer, in the destination of the trip and not included in the Tourist package, are to be considered, for the purposes of the responsibility of Associated Tour Operators, excluded from the travel contract. Any description in the catalog of these services is for information purposes only.
Marche Holiday spa Technical Organization
Administrative authorization n 03/2010 category A and B license issued by the Municipality of Acqualagna.
Civil Liability Insurance Coverage T.O.
RCTP policy No. 102091703 from UnipolSai Via Stalingrado 45, 40128 Bologna for the consequences of civil liability towards third parties pursuant to the law arising from the insured in his capacity as organizer and / or seller of tourist services.
Mandatory communication pursuant to art. 17 of the law n. 38/2006
Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if they are committed abroad.
Information pursuant to art. 13 D. Lgs. 196/2003 (personal data protection)
The processing of personal data - the provision of which is necessary for the conclusion and execution of the contract - is carried out, in full compliance with Legislative Decree 196/2003, in paper and digital form. The data will be communicated only to the suppliers of the services included in the tourist package. The customer may at any time exercise the rights pursuant to art. 7 of Legislative Decree 196/03 by contacting Marche Holiday spa Corso Roma 75, 61041 Acqualagna PU - Italy, the data controller.
30% at the time of booking as a deposit, withc redit card without commissions;
70% will be paid as balance within 55 days before arrival;
For bookings made less than 55 days before arrival, full payment is required.
The payment can be made by credit card without commissions or by bank transfer. After the balance, you will receive your travel documents and invoice.
In case of direct bookings through the website MH reserves 24 hours to refuse the booking in case of overbooking. In this case, the entire payment will be reversed without any charge for either party.
Applicable law and competent court.
This contract is regulated by the Italian law.
The Court of Urbino will be exclusively competent for any controversy.