General sales contract conditions of tourism packages

1. CONCEPT OF TOURIST PACKAGE. Any fault in carrying out the terms of the contract must be notified without delay so that the organizer, their local representative or guide can resolve the issue in good time. If not, the compensation for the loss will be limitated or excluded according to art. 1227 c.c.. The tourist must- for the loss of a right – send a written complaint registered mail with return receipt to the organizer or vendor, within and no later than ten working days from the date of return at the place of departure.For all other information please refer to the art. 49 Lgs.d. 79/2011- Code of tourism.

2. LEGISLATIVE RESOURCES The sales transaction of tourism packages, is regulated, besides these general sales contract conditions, by the clauses indicated on the travel documentation delivered to the tourist. This sales transaction of tourism packages, with the object of providing services both nationally as well as abroad, services is also regulated by L. 27/12/1977 n°1084 by ratification and fulfillment of International Convention relative to travel contracts (CCV) signed in Brussels on 23.04.1970 as applicable to the Lgs.d. 111/95 and on the successive Lgs.d. 79/2011 of the code of tourism.

3. ADMINISTRATIVE REGIME. The organiser must, as well as the intermediary appointed by the organiser, be certified at the time of carrying out of the activity, according to the administrative and regional legislation. Pursuant to and in accordance with art. 18, paragraph VI, of the Code of Tourism, the use of the company name or business name of the words "travel agency ", "tourism agency", "tour operator", "travel mediator" that is other words or expressions, also in a foreign language, of a similar nature, is exclusively permitted to the certified companies set forth in the first paragraph.

4. DEFINITIONS For the purpose of this contract are intended as follows
a. Travel organizer or Organizer: the subject that is obliged in their own name and with lump sum payment to provide tourist packages to third parties, realising the combination of elements referred to in art. 4 and offering the Tourist, also through a remote system of communication, the possibility of carrying out autonomously and purchasing such combination;
b. Intermediary: the subject that, even if not professionally or without any profit, sells or is obliged to provide tourist packages carried out pursuant to and in accordance with art. 4 with lump sum payment;
c. Tourist: the buyer, the assignee of a Tourist package or any other person to be appointed, provided that the same satisfies all the conditions required for realization of the service, on behalf of which the main contractor is committed to buying a Tourist package.

5.OBBLIGATORY INFORMATION-TECHNICAL CHART. R51 TRAVEL, has to realize in the catalog or in a program out of the catalog - also on electronic or telematic support - a technical chart. The mandatory minimum elements to be included in the technical chart are the following: 1-adiministrative authorization n. of the organizer, or, where applicable the D.I.A. or S.C.I.A. of the organizer. 2- details of the insurance policy of liability. 3- Period of validity of the program published also on technical support. 4 – reference exchange rate for the currency adjustment, day or value (art. 40 Code of tourism). 5- terms and conditions of traveler substitution (art. 39 Code of tourism). The conditions, rules and informations indicated on the technical chart below these general sales conditions are integral parts of the sales conditions themselves.

6.RESERVATIONS. The booking can be concluded only after the acceptance of these general sales contract conditions by the tourist. Before the booking, the tourist must ensure that there is availability on the chosen structure to the R51 Travel offices The proposal/confirmation of purchase of tourism package has to be drawn on a specific contract form, that can be also in electronic form, duly completed and signed by the tourist, that will receive a copy.The reservation agreement is valid only, with conquest conclusion of the contract, only if accompanied by payment of the registration fee and the deposit and after the organizer has sent the confirmation to the tourist or the seller/intermediary travel agency, even through telematic, telephonic o e-mail system. The indications that are relative to the tourism packages not contained in contractual document, in the brochures or by other means of written communication, will be provided by the organizer with standard completion of the obligations at its own expense (art. 37 Lgs. d. 79/2011 Code of tourism), in good time before departure. In case of conclusion of distance contracts or out of the commercial premises (as respectively defined by art. 50 and 45 Lgs.d. 206/2005), the organizer reserves the right to communicate in writing the non-exhistence of the right of withdrawal foresee by the art.64 and subsequents of Lgs.d. 206/2005.

7. PAYMENT. The registration fee deposit shall be paid at the time of enrollment. The balance must be paid as expressed in the contract. Nonpayment of the sum above mentioned, on the preset dates constitutes the conditions for the express termination clause in such a way as to determine, by the organizer, the resolution of right of the contract with the application of the penalties described in the Technical Chart or in the contract, at the paragraph “event cancellation rules”.

8. PRICE. The price of the tourism package is expressed in the contract, with reference to what is stated in the catalog or outside the program and of the same, subsequent occurred.This can be subject to change within 20 days before the date of departure and only in consequence to the variation of: - cost of transport, cost of fuel are included; - rights and taxes on certain types of tourism services for which are landing tax, disembarkation or embarkation of passengers in ports or airports; - changes applied to the package in question. For such variations there is referral to the exchange rate and to the above mentioned current prices advertised in the program, referred to on the technical chart of the brochure or of the referred date of the above mentioned update.

9. TOURIST WITHDRAWAL. Cancellations must be sent by registered post offices R51 Travel sites in via Monte Ciove, 22 36015 Schio (VI) – Italy or by fax +39 0445 532602, by sending an e-mail to the address of knowledge occurred waiver: schio@r51travel.com. The tourist can withdraw from the contract, without penalty in the following cases: - price increase according to art.8, exceeding 10% of the price. - significant modification of one or more elements of the contract that can objectively considered as fundamentals for the availability of the touristic package, considered on its totality, and proposed by the organizer after the conclusion of the contract but before occurred departure, and not accepted by the tourist. In the case described above, the tourist has, alternatively, the right to: - benefit of an alternative touristic package, without upcharge of price, or with the restitution of the exceeded payment, when the second touristic package has a value lower than the first;- to be refund of the part of total price already paid. Repayment shall be carried out within seven working days of receiving the request for refund. The tourist shall communicate his or her decision (to accept changes or to back out) within but not more than two working days from the moment he or she has received notice of the increase or change. In the absence of express notification within the above deadline, the proposal made by the organizer will be considered accepted.The customer withdraws from the contract before departure, outside the cases listed in the previous paragraphs of this article, or in the case foreseen from the art. 7, ph.. 2 shall be charged as a penalty regardless of the deposit payment laid down in art. 7, paragraph 1, - enrolment fees, the penalty indicated in the Technical Chart of the catalogue or in the program out of the catalogue, insurance premiums, other services already given.

10. CHANGES OR CANCELLATION OF PACKAGE BEFORE DEPARTURE If,before the departure, the organiser notifies in writing his failure to provide one or more tour package services, by proposing an alternative solution, the tourist may exercise the right to reclaim the sums already paid or to accept the offer of an alternative tour package (pursuant the above mentionned art.9). The tourist may also exercise the above rights when the cancellation is due to a failure to reach the required minimum number of tourists stated in the catalogue and in the program non included in the catalogue, or in the case of 'force majeure' and fortuitous events relating to the tour package purchased.

10 BIS. MODIFICATION OR ANNULLMENT OF THE TOURISM PACKAGE BEFORE DEPARTURE BY THE TOURIST. . The modifications requested by the tourist as soon as the booking has been already accepted do not oblige the organizer in the cases where these requests cannot be fulfilled.

11. MODIFICATIONS AFTER DEPARTURE. According to art. 41 2^ comma of Lgs.d. 79/2011, The organizer, if after the departure finds him/herself unable to provide for any reason, excluding a personal case of the tourist, an essential part of the services written contract, must give alternative solutions, without additional costs at the expense of the contracting party and if the services provided are of an inferior value with respect to those expected, the reimbursement will be a standard of value equal to the difference. If there other alternative solutions are not possible, or if the proposed solution by the organizer is refused by the tourist for serious and justified reasons, the organizer will provide without additional charges a means of transportation equivalent to the means of transportation originally expected for the return to the location of departure or to a different location eventually agreed upon compatibly with the availability of the given means of transport and available seating/space and they will be refunded for the difference of the cost of the services provided and those of the services carried out from the moment of advanced re-entry.

12. SUBSTITUTIONS. According to art. 39 of Lgs.d. 79/2011, the withdrawing tourist may arrange to be replaced by a different person, provided that: a) the organiser is informed in writing at least 4 working days before the set date of departure, simultaneously being informed of the transferee generalities; b) The substitute satisfies all the conditions for use of the service (ex article 39 Code of tourism) and, in particular, the prerequisites relative to passport, visa and health certificates; c) The substitute refunds to the organizer all the extra charges made to proceed to the replacementas it will be measured before the cession. The sub-entering person must reimburse the organiser for all charges to proceed with the replacement, in the amount quantified prior to the cession. The transferring party and the transferee are responsible jointly and severally for the payment of the price balance as well as of all expenses derived from the substitution. For certain services, a third party service-provider may not accept a change of tourist,even if this is effected within the time period referred to in a) above. Therefore, the organiser shall not be responsible for any rejection of the modification by third party services providers. This non acceptance will be immediately communicated by the organiser to the interested parties before departure.

13. OBLIGATIONS OF THE TOURISTS. Provided that: a) the lgs.d. n.111 dd 17.03.95 which execute the Directive 90/314/CE, in order to protect the tourist, says that the organizer and the seller of the touristic package, to whom the tourist address himself, must have the administrative authorization to be able to fulfill its activities (art.3/1 l. a lgs.d. 111/95. b) The tourist has the right to receive a copy of the sales contract of the tourism packages (according to article 6 of the lgs.d. 111/95), that is documented as necessary to access the guarantee in reference to article 18 of these general conditions of the contract. The concept of tourism packages (article 2/1 lgs.d.111/95)is the following: tourism packages regard trips, vacation holidays and its “all inclusive” stays, resulting from the prefixed combinations of at least two elements indicated as follows, sold or offered as a flat rate price with a duration of over 24 hours or extending over a period of time the comprises at least one night:a.) transportation;b.) accommodations;c.) additional tourism services not included in transportation or accommodation costs that constitute a significant part of the “tourism package”.

14.HOTEL CLASSIFICATION. services. 14.HOTEL CLASSIFICATION. The official classification of the hotels are provided by the program with informative material based on the explicit and formal indications by competent authority of the Province of Vicenza.The organizer reserves the right to provide in the program or tourist brochure a personal description of the accommodation structure, so to permit an evaluation and consequent acceptance on behalf of the tourist.

15.SYSTEM OF RESPONSABILITY. R51 Travel is responsible for damages caused to the tourist due to partial or total non-fulfillment of the contractual services due, both if these are caused by him or by third party service providers, unless proved by the tourist (therewith initiative independently taken upon themselves in the course of the tourist services) or by extraneous circumstances to the services provided in the contract, a fortuitous event, circumstances beyond one’s control or circumstances that the organizer could not, in accordance with standard professionalism, reasonably foresee or resolve. The vendor at the location of where the reservation was made of the tourism package is not responsible in any case of the obligations that arise from the organization of the trip, but is responsible exclusively for the obligations that arise regarding the intermediary’s qualities and within the limits of responsibility of the regulations in force on the subject, except in case of exemption according to art.46 code of tourism.

16. LIMITS OF COMPENSATION. The compensation referred to in Articles 44, 45, 47 of the code of tourism and tourist related statute of limitations, are governed by there under and in any case within the limits established by the C.C.V and by international agreements governing the services covered by the package as well as the articles 1783 and 1784 of the Civil Code.

17. OBLIGATIONS OF ASSISTENCE. The organizer is responsible to provide the measure of assistance to the tourist that is imposed by the criteria of the professional standard exclusively in reference to the obligations of his/her job under the provisions of the law or contract. The organizer and the vendor are exonerated from the respective responsibilities. (art. 14 and15 of these General Conditions) when the missing or inexact carrying out of the contract is chargeable to the tourist or is dependent on a third party in an unforeseeable or inevitable way, or in the case of fortuitous event or circumstances beyond one’s control.

18. COMPLAINTS AND CHARGES. Any fault in carrying out the terms of the contract must be notified without delay so that the organizer, their local representative or guide can resolve the issue in good time. If not, the compensation for the loss will be limitated or excluded according to art. 1227 c.c.. The tourist must- for the loss of a right – send a written complaint registered mail with return receipt to the organizer or vendor, within and no later than ten working days from the date of return at the place of departure.For all other information please refer to the art. 49 Lgs.d. 79/2011- Code of tourism.

19. CANCELLATION AND REPATRIATION COSTS INSURANCE. It is possible, and advisable, at the moment of booking at the orgniser or seller to take out a special insurance policy to cover expenses deriving from the cancellation of the package, accidents and luggage. It shall also be possible an insurance policy to cover the costs of assistance, including repatriation in the event of accident or illness. The tourist will exercise the rights arising from such contracts exclusively to policyholders of the insurance companies, under the conditions and in the manner required by such policies.

20. FUND OF GUARANTEE. The Directorate-General for Tourism of Ministry of Productive Activities has instituted the National Guarantee Fund, which the tourist can use ( pursuant to Art. 51 Lgs.d. 79/2011) in the event of the insolvency or declared bankruptcy of organiser or seller for the protection of following demands: a) refund of the deposit price; b) repatriation in instances of foreign trips. The fund must also provide immediate economic resources in case of forced reentry of tourists from non-European Countries during emergencies whether they are imputable to the organiser’s behaviour or not. The interventions of the Fund are established by decree of the President of the Council of Ministers of 23/07/99, no. 349 in G.U. no. 249 of 12/10/1999 The organization and intermediary contribute to fuel the Fund to the extent provided in paragraph 2 of that Code art.51 tourism through the payment of the insurance premium that is required to take mandatory, part of which is paid to the Fund in the manner provided for by art. 6 of Ministerial Decree 349/99.

ADDENDUM - GENERAL SALES CONTRACT CONDITIONS OF SEPARATE TOURIST SERVICES A) PRESCRIPTIVE AGREEMENT The contracts regarding the offer only of the service of transport, of stay that is of any other separate tourist service, that cannot be able to shape as organization of trip or tourism package, are regulated by the following dispositions of the CCV: art. 1, n.3 and n.6; art. from 17 to 23; art. from 24 to 31, as for the forecasts different from those ones related to the contract of organization as well as from the other agreements referred to the selling of the single service subject of the contract. B) CONTRACT CONDITIONS following clauses of the General Terms and Conditions of the Contract of Sale for Tourist Packages set out above apply to these contracts: Article 6; Article 7; Article 9: art. 10; art.11; art.12; art.13; art.17; art.19. The application of the above clauses will in no way result either in the classification of the related contracts as tourist package contracts or in the application to the same of the provisions of the Code of tourism. The references to the aforementioned clauses and the terminology used in them will be deemed relevant to the correspondent parties of the sale contract for individual tourist services (seller, stay etc). DISPUTES In the event of disputes regarding the interpretation or the application of or in connection with the contract, the competent court is in Vicenza - Italy.

COMPULSORY COMMUNICATION ACCORDING TO ART. 17 L. 38/2006

Italian law punishes with imprisonment, for crimes related to prostitution and child pornography.
PRIVACY POLICY EX ART.13 D.LGS. 196/2003 - Protection personal data
The treatment of personal data, whose submittal is necessary to conclude and execute the contract, is carried out in accordance with D. Lgs. 196/2003 in both digital and printed format. Data will be transmitted only to the suppliers of the services included in the travel package. The tourist will be able to exercise the rights ex art. 7 D. Lgs. 196/03, by contacting R51 Travel, schio@r51travel.com , treatment holder.

OBLIGATORY INFORMATION-TECHNICAL CHART TECHNICAL CHART Technical organization: R51 Travel, via Monte Ciove 24, 36015 Schio (VI)-ITALIA authorization to carry out a tour operator and travel agent issued by the town of Vicenza the 15/05/2014 n. 34426. Policy liability insurance: RCT ALLIANZ n.111122848 Payments will be perfected only when the sums actually are received by the organizer. In case of non-payment of the above amounts, the organizer has the right to declare determined the contract even if it has sent to the tourist the rights to proceed (cd. "Voucher") or the tickets.