SOURCES OF LAW
The sale of package tours, including services provided in the national territory or abroad, is regulated by the provisions of the Legislative Decree 79/2011, of Directive 90/314/EEC, the relevant international conventions, and in particular the Brussels Convention of April 23, 1970, ratified by law December 29, 1977, No. 1084, of the Warsaw Convention October 12, 1929 regarding international air transport, ratified by law May 19, 1932, No. 841, the Berne Convention February 25, 2961 regarding railroad transport, ratified by law March 2, 1963, No. 806 insofar as applicable to the services forming the subject matter of the tourist package, as well as the relevant provisions of the Civil Code and other domestic law regulations, insofar as they do not derogate from the provisions of the present contract.
The operator and intermediary of the package tour, to which the tourist addresses, must be qualified for running their activity in compliance with the applicable administrative legislation, in case also regional. In accordance with art. 18, paragraph 6 of the Code of Tourism, the use in the business or company names of the words "travel agency", "tourism agency", "tour operator", "travel mediator" or any other similar words or expressions, also in foreign languages, is allowed exclusively for the companies licensed according to what is stated in paragraph 1.
NOTION OF PACKAGE TOUR
The notion of package tour is the following: "The package tours concern trips, holidays, "all-inclusive" circuits, tourism cruises, deriving from the combination, made by anyone and realized in any way, by at least two of the following elements, sold or offered at a lump sum:
a) transport; b) accommodation; c) tourist services not accessory to transport or accomodation (omitted) ....... that, for the satisfaction of the tourist leisure needs, represent a significant part of the "package tour" (sec. 34 Code of Tourism). The tourist has the right to receive copy of the sale contract of the package tour that will be signed by the parties and that would be an asset to eventually access the guarantee fund mentioned at paragraph 21.
The offer for reservation will be fullfilled on a specific contract form, or electronic contract form, completed in every part and signed by the client, who will receive a copy of it.
Acceptance of the reservation is deemed to be completed, with consequent validation of the contract, only when confirmed, by written notice or by email, by the operator itself.
Before departure, the organizer will give the clients all the information related to the tourist package, that is not included in the contract, in the booklets or in other written communication means, by the provisions of art. 37, paragraph 2 of the Code of Tourism. By the provisions of sec. 32, paragraph 2 of the Code of Tourism, in case of contracts validated from remote or outside the business premises (as detailed in sec. 50 and 45 of the Legislative Decree 206/2005), the organizer reserves the right to notify by written notice the non-existence of the termination right stated by art. 64 and following of Legislative Decree 206/2005.
The price of the package tour is stated in the program of the catalogue or in programs outside the catalogue defined later.
The reservation must be accompanied by an advance payment equal to 25% of the cost. The balance must be paid 30 days before departure.
For registration made during the 30 days preceding the date of departure the whole sum must be paid upon registration.
In the event of cancellation of the tour contract, Destinazione Biella shall apply the following penalties, in addition to the obligations and costs incurred by the cancellation of the services:
- cancellation submitted up to 21 working days before departure: 10% of the participation fee.
- cancellation submitted from 20 to 11 working days before departure: 30% of the participation fee.
- cancellation submitted from 10 to 3 working days before departure: 75% of the participation fee.
No repayment after this time limit.
Stipulation of a specific trip cancellation insurance is recommended.
The renouncing client may be replaced by another person provided that the written communication by registered mail, eRegistered mail or fax, is sent to Destinazione Biella detailing the information about the cessionary within and no later than 4 working days before departure and provided that no reasons of passports, visas, vaccinations or problems with different hotel accommodation persist.
CANCELLATION OF THE TOUR BY THE OPERATOR
In the event that Destinazione Biella announces that it is impossible to provide the reserved tour for not reaching the minimum number of participarnts (20 registrations) or for a cause of force majeure, the tourist will be notified within 7 days from departure in case of trips longer than one day, within 3 days from departure in case of one-day trips. In case of cancellation for not reaching the minimum number of participants, the client will be repaid within 7 working days with all the sums already paid.
VARIATIONS IN THE PROGRAM
Destinazione Biella may change the tour program and replace the hotels, itineraries and/or vacation spots, in the event that this becomes necessary for operative reasons or for any other reason. Variations will be notified to the participants.
The organizer is liable for the claims by tourists in case of total or partial non-fulfilment of the services stated in the contract, either the services are provided by the organization itself or by third-parties.
Destinazione Biella is not liable in case there is proof that the event at the origin of the claim wa caused by the tourist (including indipendent initiatives taken by the tourist while the touristic services were being provided) or by a third fact that was unpredictable and unpreventable, by circumstances unrelated to the services provided by contract, by accident, by cause of force majeure, that is to say by circumstances that the organizer could not, with its professional diligence, reasonably predict or resolve. The intermediary through which the registration of the the tourist package was fulfilled is not liable in any way for the obligations deriving from the organization of the tour, but it is liable only for the obligations deriving from its role of intermediary and, in any case, within the limits provided by the aforesaid laws and conventions.
The operator is liable to assist the tourist according to professional diligence with sole reference to its obligations deriving by law or contract. The operator or intermediary are not liable (sec. 15 and 16 of these General Conditions), when the lacking or inaccurate fulfillment of the contract is imputable to the tourist or caused by a third fact that was unpredictable or inevitable, that is to say it was caused by an accident or force majeure.
CLAIMS AND CHARGES
If the tourist encounters any lackness of fulfilment of the contract, it must be claimed during the tour contacting us directly so that the operator, its local representative or escort can soon find a solution.
However in case the complaints were not made according to what stated in the previous paragraph, the compensation for the damage will be reduced or excluded according to the seriousness of the fault by the tourist and the extent of the consequences. In every case we cannot accept complaints that were not sent in writing by registered mail with notice of receipt to the operator or intermediary, within and not later than 10 working days from the date of return to the place of departure.
To guarantee the fulfilment of the obligations undertaken towards the clients in conformity with CCV, Destinazione Biella is covered by the insurance policy 6001004386/A with the company Filo Diretto S.p.A. in compliance with the applicable law.
However it is at discretion of the client, and recommended by the operator, to stipulate optional insurance policies of tourist assistance and tour cancellation.
Baggage travels at the participant's risk and Destinazione Biella is not in any way liable for an eventual loss or damage.
The courts in Biella shall have jurisdiction in every possible dispute.
CUSTOMS AND POLICE FORMALITY
The tourist must conform to the regulations issued by customs, taxation authority and police or other administrative authorities, both for matters regarding the person himself or herself, and for matters of security check of luggage, hand luggage and other related matters. Tourist must carry their identity card or passport valid for expratriation ( the information written in the programs are referring to UE citizens). The Society is not liable to the tourist in case he/she is stopped at customs by border guards for not conforming to the above-mentioned regulations.
CAUSES OF FORCE MAJEURE
Strikes and suspensions due to bad weather conditions, war events, civil and militar disorders, revolts, natural disasters, raids, terrorist actions.
These acts and other similar constitute a cause of force majeure and are not the liability of the carrier or of the operator.
Possible additional costs due to such causes shall not, however, be repaid. Furthermore the operator is not liable for non-used services due to delays or cancellations of the carrier.
Italian law punishes with the penalty of imprisonment crimes relating to prostitution and pornography involving minors, even if they are committed abroad. Mandatory notice pursuant to Section 169 of the Law 269/98.
VALIDITY OF THE PROGRAMS: From 01/09/2017 to 30/08/2018
• Technical organisation: Aloha Viaggi SNC, Via Milano, 94 - 13900, Chiavazza (BI)
• Licence Order No.: BI194714
• Fees: Participation fees are based on costs, exchange rates and costs of services in force from 01/01/2017