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Our guarantees

GENERAL TERMS OF TOURIST PACKAGES SALE CONTRACT

1. Introduction: notion of tourist package

Considering that:

a.
The operator and the seller of the tourist package, to which the consumer turns, must hold the administrative

authorization to the completion of their activities;

b.
The consumer has right to receive a copy of the tourist package sale contract (according to the art. 85 consumer code) that is essential document to access in case to the Guarantee Fund in accordance with the art. 18 of the general terms of contract. The notion of ‘tourist package’ (art. 84 consumer code) is the following: tourist packages have as object tours, holidays and “all inclusive” circuits, ensuing from the prefixed combination between of at least two of the elements indicated hereunder sold or offered for sale at flat-rate price, and of duration higher than 24 hours or rather lasting for a period including at least one night: a) transport,
b) accommodation;

c.
Tourist services non supplemental to transport or accommodation (omission) that constitute significant part of the “tourist package”.

2. Legislative sources

A tourist package purchase, having as object services to provide either in national or foreign territory, will be as well regulated by the disposals – as enforceable – of the L. 27/12/1977 n. 1084 of ratification and enforcement of the International Convention relating to the tour contract (CCV) signed in Bruxelles on 23/4/70, as enforceable as well as by the consumer code.

3. Compulsory information – Technical schedule

The organization is under obligation to realize, within the catalogue or in the off-catalogue program, a technical schedule. Compulsory elements to insert in the technical schedule of the catalogue or of the off-catalogue program are:
- details of the operator’s administrative authorization;
- details of the indemnity policy;
- period of validity of the catalogue or of the off-catalogue program or fitted tour;
- procedures and conditions of substitution (art. 89 consumer code)
- exchange rate, for currency adjustments, day or value.

4. Booking

Booking application must be written on a proper contract form, even electronic, filled in every its part and signed by the customer, that will receive a copy of it. The booking acceptance is intended clinched, with consequent conclusion of the contract, only when the operator will send the relative confirmation, even by telematic means, to the customer at the selling travel agency. Guidelines concerning the tourist package not included in the contractual documents, brochures or other means of written communication, will be supplied by the operator in regular execution of its duties provided for by the art.87 paragraph 2 consumer code, in time before the beginning of the tour.

5. Payment

The measure of advance, up to a maximum of 25% of the tourist package price, must be paid down on the booking or in the act of binding request; the date within the balance must be made before the departure, results from the catalogue, brochure or what not. The non payment of the above mentioned amount at the fixed date constitutes such a clause of defeasance that determines, by the intermediary agency and/or the operator, the rescission by right.

6. Price

The tourist package price is determined in the contract, with reference to what is marked in the catalogue or in the off-catalogue program and to the possible updates of the same catalogues or off-catalogue programs occurred later. The tourist package price can be changed up to 20 days preceding the departure and only in consequence of variations of:
- transport costs, included the fuel cost
- dues and charges on some typologies of tourist services like duties, landing, debarkation and boarding taxes in ports and airports;

7. Change or cancellation of the tourist package before the departure

Before the departure the operator or the seller that needs to modify significantly one or more details of the contract gives an immediate written advise to the consumer, pointing out the kind of change and the consequent price adjustment. Where the consumer doesn’t accept the proposal of change as from paragraph 1, he can exercise the right to get the already paid sum back or alternatively to enjoy a substitutive tourist package proposed (according to the 2nd and 3rd paragraphs of article 8).

The consumer can also exercise the right when the cancellation depends on the non achievement of the minimum number of participants fixed in the Catalogue (at least 10) or in the off-catalogue program, or on acts of God and fortuitous event, concerning the purchased tourist package. For those cancellations that don’t depend on acts of God, fortuitous event and the non achievement of the minimum number of participants as well as for different ones from the non non-acceptance by the consumer of the alternative tourist package offered (according to the art. 8), the operator that cancels (art. 33 lett. E consumer code), will pay the consumer back twice of what he paid and the operator cashed, through the travel agent.

The sum object of the repayment will never be higher than twice of the amounts whose the consumer would be debtor at that date art. 8, 4l paragraph in case the cancellation would depend on him.

8. Withdrawal of the consumer

The consumer can withdraw from the contract, without paying penalties, in the following cases:
- price rise as from the previous art. 6 in measure in excess of 10%;
- significant change of one or more details of the contract objectively considered as fundamental for the exploitation of the tourist package overall considered and proposed by the operator after the completion of the same contract but before the departure and non accepted by the consumer.

In the above-mentioned cases, the consumer has right alternatively:
- to enjoy a substitutive tourist package, without surcharge or with the repayment of the surplus, in case the second tourist package has a lower value than the first one;
- to the repayment of the only part of price already paid. Such repayment must be made within seven working days from the reception of the reimbursement request.

The consumer will have to give communication of his decision (to accept the change or to withdraw) within and not later than two working days from the reception of the reimbursement request. The consumer will have to give communication of his decision (to accept the change or to withdraw) within and not later than two working days from the reception of the advice of price rise or change. In the absence of express communication within the above-mentioned term, the proposal posed by the Operator is meant accepted.

The consumer that withdraws from the contract before the departure outside the cases listed in the first paragraph, will be charged, independently from the payment of the advance as from art. 5/1st paragraph, with the penalty in the measure listed below:
- from the registration up to 30 days before the departure 20%
- from 29 to 10 days 40%
- from 9 to 3 days 60%
- from 3 days up to the day before the departure 80%. The penalty is 100% for the non presentation at the departure or, interruption of the initiated tour.

9. Changes after the departure

The Operator, in case after the departure cannot supply for any reason, except for a personal fact of the consumer, an essential part of the services provided for in the contract, will have to organize alternative solutions, without additional charges on the Contractor and, in case the services supplied are of lower value in regard to the fixed ones, to pay back it in measure equal to such difference.

In case there isn’t any alternative solution that results possible, or the solution organized by the Operator is refused by the consumer because of serious and explained causes, the Operator will supply, without additional charges, means of conveyance equal to the one firstly arranged to go back to the departure place or to the different place eventually agreed, compatibly with the availability of means and seats and, he will pay back it in measure of the difference between the cost of fixed supplies and the cost of the services supplied until the moment of the early return.

10. Replacements

The renouncer can be replaced by another person as long as: the operator has been informed in writing at least 4 working days before the departure date, receiving a contextual communication about the personal details of the assignee; the substitute satisfies all the conditions to the exploitation of the service (ex art. 89 consumer code) and particularly requisites concerning passport, visas and health certificates; the substitute refunds to the operator all the expenses occurred to proceed with the replacement in the measure quantified before the assignment.

The assignor and the assignee are jointly liable for the payment of the settlement as well as the amounts as from letter c) of the present article. With respect to some typologies of services, it could occur that a third supplier of services doesn’t’ accept the modification of the assignee’s name, even if made within the term as from the previous point a).

The operator therefore won’t be liable for the eventual non acceptance of the modification by the third suppliers of services.

Such non acceptance will be opportunely communicated by the operator to the interested parts before the departure.

11. Obligations of participants.

All participants need individual passport or other valid documentation for all the countries reached by the route, as well as stay and transit visas and health certificates eventually requested. Furthermore they will have to comply with the rules of normal prudence and diligence and with the specific ones in force in the destination countries of the tour, with all the information given by the operator, as well as with the regulations and administrative or legislative dispositions relating to the tourist package. Participants will be called to answer to all the damages that the operator should suffer because of their breach to the above-mentioned obligations. The consumer must give the operator all the documentation, information and details in his possession useful to the exercise of subrogation right by this last towards third parties and is responsible to the operator of the prejudice brought to the subrogation right. The consumer will also communicate in writing to the operator, during the booking, particular personal requests that could constitute object of specific agreements on the tour procedures, as long as their execution results possible.

12. Hotel classification

The official classification of the hotel structures is supplied in catalogue or in other informative material only under the express and formal indications of the competent authorities of the country where the service is supplied. In absence of official classifications recognized by the competent Public Authorities of the also EU members countries which the service is referred to, the operator reserves the faculty to supply in catalogue or brochure a personal description of the accommodating facility, such to allow an assessment and consequent acceptation of the same by the consumer.

13. Liability regime

The Operator is liable for damages caused to the consumer as a reason for the total or partial breach of the supplies contractually due either that the same are made by him personally or by third parties suppliers of services, unless he proves that the event is derived from a fact of the consumer (therein included initiatives autonomously taken by this last during the execution of the tourist services) or by circumstances unrelated to the supply of the supplies fixed in the contract, by fortuitous event, acts of God, or by circumstance that the same Operator couldn’t reasonably expect or solve, according to the professional diligence.

The Seller where the booking of the tourist package has been made isn’t liable in any case for the obligations deriving from the organization of the tour, but he is exclusively liable for the obligations deriving from his function as intermediary and anyway within the limits of such liability provided for by the rules in force on the subject.

14. Limits of damages

The compensation for person damages cannot be, in any case, higher than the limits provided for by international conventions where Italy and European Union take part with regard to the supplies whose breach determined the liability. In any case the damages cannot exceed the amount of 50.000 Germinal Gold Franc for person damages, 2.000 Germinal Gold Franc for things damages, 5000 Germinal Gold Franc for any other damage (art. 13 n.2 CCV).

15. Assistance obligation.

The Operator is bound to give the customer the assistance measures established by the criterion of professional diligence exclusively with reference to the obligation that depend on him by law or contract. The operator and the seller are exempt from the respective liabilities (art. 13 and 14 of the present general terms), when the unfulfilled or incorrect completion of the contract is due to the consumer or derives from the fact of a third part with unpredictable or inevitable nature, or from fortuitous event or acts of God.

16. Complaints and prosecutions.

Every shortcoming in the completion of the contract must be challenged by the consumer without delay in order that the operator, his local agent or the tour conductor, remedy it. The consumer will also have to – under pain of lapse - file a complaint sending a registered letter, to the operator or to the seller, within and not later than ten working days to the return date to the departure place.

17. Guarantee Fund

The consumer can apply to the National Guarantee Fund, instituted at the Tourism Headquarters of the Ministry for the Productive Activities (under the art. 100 consumer code), in case of insolvency or declared bankruptcy of the seller or the operator, in defence of the following exigencies: a) refund of the paid price; b) his repatriation in case of tours abroad. The fund must also give an immediate financial availability in case of forced return of tourists from non-Community countries on the occasion of emergencies due or not to the operator’s behaviour.

The procedures of intervention of the Fund are fixed with decree of the Prime Minister of 23-07-99, n. 349 G.U n.249 of 12/10/1999.

ADDENDUM
GENERAL TERMS OF SINGLE TOURIST SERVICES SALE CONTRACT
DISPOSITIONS

Contracts having as object the offer of the only service of transport, stay, or of any other distinct tourist service, being not possible to frame them as juristic case of organization of tour or tourist package, are regulated by the following disposals of the CCV: art. 1, n.3 and n.6; arts. From 17 to 23; arts. From 24 to 31, as far as forecasts different from those ones concerning the organization contract as well from the other agreements specifically related to the sale of the single service object of the contract.

TERMS OF CONTRACT:
It is also possible to apply to such contracts the following clauses of the general terms of tourist packages sale contract above-mentioned: art. 4 1st paragraph; art. 5, art.7, art. 8, art. 9, art. 10 1st paragraph; art. 11; art. 15; art. 17.

The enforcement of such clauses doesn’t determine absolutely the configuration of the relative contracts as case of tourist package. Therefore, the terminology of the quoted clauses relating to the tourist package contract (operator, tour, ecc.) has to be intended with reference to the corresponding figures of the single tourist services sale contract (seller, stay, ecc.).

Compulsory communication according to the art. 16 of the L. 269/98.

Italian law punishes with imprisonment crimes pertaining to prostitution and juvenile pornography, even if they are committed abroad.

Privacy policy

We inform that all personal details will be processed in full respect of the provisions of the law 675/1996 and that the personal details processing is directed to the execution by the Society of the supplies that form object of the tourist package. Personal details won’t be transmitted to third parties anyway and will be destroyed in any moment on request of the consumer.

Technical Schedule ex art.3 – part and parcel of General Terms

Technical Organization

MH TOURS s.r.l.
Administrative authorization n.49 of 19/02/2007

MH Tours s.r.l. is covered by insurance indemnity policy n. 270992257 of 05/02/07

Program valid from may 1st 2007 to December 31st 2007

Flat-rate prices published in the catalogue have been defined on 31/04/07.
They won’t undergo modifications following currency oscillations, but with regard to the only transport, they could be modified because of variations of the cost of the same transport and the fuel costs, as well as of rights and taxes like landing, debarkation and boarding in ports and airports, according and within the "Consumer Code".

MH TOURS srl - Via G. Marconi, 63/A - 67069 Tagliacozzo (Aq) - Italy
Tel: +39 0863 68445 +39 0863 619914 - Fax: +39 0863 610249 - e-mail:

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