1 Applicable legislation – Liability
Travel contracts are governed by law no.1084 dated 27 December 1977, in ratification and implementation of the International Convention on Travel contracts (CCV) signed at Brussels on 23 April 1970 and also by the Consumers’Code, approved with Legislative Decree no.111/95. The liability of Key Tre Viaggi in its capacity of travel organizer with respect to travellers and their property is governed by the above laws, and in no case may exceed the limits foreseen by the said laws.
2 Booking and payment
Bookings will be accepted until all available places are filled. They will be considered valid only if confirmation is followed immediately by an advance payment of 25% of the total cost of the holiday. The balance must be paid no later than 20 days before the starting date of the holiday. Failure to pay the sums indicated above by established date constitutes an express termination clause such as to determine rightful termination by the intermediary agency and/or the organizer.
As a guarantee of the total fulfilment of its obligation towards customers, Key Tre Viaggi has stipulated a specific insurance policy with Allianz Global Assistance polizza n. 753016500 in compliance with Art. 21 Regional Law no. 111 dated 17 March 1995.
4 Cancellation – Interruption of holidays
In case of cancellation of the travel contract, Key Tre Viaggi will apply the following penalties in addition to fees and expenses incurred by the cancellation of services:
– 50% of the total cost for cancellations reaching the organizing agency no later than 14 days before the date on which booked services are to commence;
– 75% of the total cost for cancellations reaching the organizing agency no later than 3 days before the date on which booked services are to commence;
– no refunds will be made after the above date.
Should the holiday be interrupted, no refunds will be made unless the group is able to present a specific declaration made by the hotel management authorising reimbursement for unused services. This procedure must be followed without fail and the organising agency will reimburse only the amount authorised by the hotel, after having detracted any applicable agency fees.
5 Withdrawal from contract without penalties
Holidaymakers may have the right to withdraw from the contract without incurring any penalties in the following circumstances:
– Increase in the price of the booked holiday of more than 10%
– Significant changes in the contract requested by Key Tre Viaggi after the contract itself has been agreed to. With reference to this, it is specified that holidaymakers must inform Key Tre Viaggi in writing of their decision to accept or withdraw from the contract within 2 (two) working days from receipt of the proposed modification.
In case of withdrawal, holidaymakers will have the right to receive reimbursement of any money already paid or, alternatively, to be offered another holiday of equivalent quality.
Key Tre Viaggi shall have the rights to substitute hotels and/or localities with others of similar characteristics should this be made necessary by unforeseen circumstances. If such variations are not accepted, notification of that which be given within 2 (two) working days from receipt of the proposed variations, Key Tre Viaggi shall be obliged only to reimburse any sums, already paid.
Holidaymakers must give notification of any shortcomings in the fulfilment of the contract without delay, so that Key Tre Viaggi or its local representative may promptly rectify the situation. Any written complaints must be sent by registered letter with returned receipt note no later than 10 working days after return to the original place at departure, on penalty of loss of any right to claims. Since the catalogue is compiled many months before the effective supply of services, should any changes regarding descriptions have arisen in the meantime, Key Tre Viaggi may in no way held responsible. It is also specified that sports and leisure facilities, such as swimming pools, discotheques, shops, entertainment activities, kiddies’clubs, sport instruction and similar services may not be available due to adverse weather conditions or an insufficient number of guests. No compensation for the non-availability of these facilities may be requested.
8 Obligation of participants
Holiday participants must be in possession of a personal passport or some other document valid for the travel in the countries to be visited, as well as any tourist and transit visas and health certification that might be required. They must also respect the normal rules of prudence and diligence, all information provided to them by the organizer and also any regulations and administrative or legislative requirements regarding their travel. Participants will be liable for all and any damages that may be incurred by the holiday organizer that may be caused by their failure to respect the above conditions. Travellers must provide the organizer with all documents, information and other elements in their possession required for the exercise of organizer’s right of subrogation. The consumer must also inform the organizer in writing, at the moment of booking, of any special personal requests that may be the subject of specific agreements on details of the holiday, as long as these requests are possible to implement.
Luggage travels are at the risk of holidaymakers and the organising agency may under no circumstances whatsoever assume responsibility for any loss or damages incurred.
10 Sale of single services
Contracts regarding the sale of single services (accommodation, transport, etc.) and that therefore do not regard a tourist package, are governed by Travel Contracts art.1-3 and 6, arts. 17 to 23 and arts. 24 to 31, with the exclusion of references regarding contracts for organised travels. The other general conditions of sale outlined above are also applicable, without constituting under any circumstances whatsoever a tourist package.
All prices are inclusive of VAT and service charges.
In the case of an increase in the VAT rate, prices must be modified accordingly. Prices do not include drinks, extras, tips, transfer expenses or excursions.
12 National guarantee fund
The Presidency of the Council of Ministers has constituted a National Guarantee Fund to which consumers may apply under the terms of Art. 100 of the Consumers’ Code, in the case of insolvency or bankruptcy of sellers or organizers, for the protection of these rights:
a) Reimbursement of price paid;
b) Repatriation in case of holiday abroad
The fund must also ensure immediate availability of economic assistance in the case of obligatory return of holidaymakers from non-European Union countries due to emergencies ascribable or otherwise to the conduct of the organizer.
The details of the use of the fund are governed by Decree of the President of the Council of Ministers no. 349 dated 23 July 1999.
In case of legal disputes, the court having jurisdiction will be that of Trieste, Italy.
In compliance with current laws of privacy, Key Tre Viaggi guarantees the maximum confidentiality of data provided. These will be treated in compliance with art.11 of Legislative Decree 196/03.
Obligatory communication in compliance with Art. 17, Law 38, 6 February 2006: Italian law punishes offences involving prostitution or juvenile pornography with imprisonment even if committed abroad.