The present contract is regulated by the provisions stated in the Legislative Decree n. 206 dated September 6, 2005, by the Directive 90/314/EU, by the related international conventions, in particular by the Brussels Convention dated April 23, 1970 made executive by law n. 1084 dated December 27, 1977 and by the related provisions regulated by civil law and by the norms of internal law, when they are not expressively annulled by the present contract.
The responsibility of Arena Tourist s.r.l, in its capacity as trip organizer, towards its travellers and their personal property is regulated by the laws and international conventions cited above. The responsibility of Arena Tourist s.r.l cannot exceed the limits set by the laws and conventions already mentioned.
Licence: nr.72/1250/94 del 05.09.1994
ADDENDUM – GENERAL CONDITIONS OF SALES CONTRACT SINGLE TOURIST SERVICES
The contracts by which regarding services of only housing, or transportation or other, cannot be configured as organization of a trip or tourist package, are regulated by the following CCV dispositions art. 1, n. 3 and n. 6, art. from 17 to 23, art. from 24 to 31 and is therefore understood as referring to the corresponding figures regarding sales of the single tourist services.
CONTRACTUAL CONDITIONS
To those contracts relate the following clauses of the Legislative Decree n. 206 of September 6th 2005, art 83, 85, 86, 87, 88, 94, 96 are applied. Application of said clauses does in no way determine the configuration of the contracts such as tourist packages. The terminology of the cited clauses relative to the tourist package contract (trip organization etc) is therefore understood as referring to the corresponding figures regarding sales of the single tourist services.
FUNDAMENTALS OF TOURIST PACKAGE
As stated by the article 84 n.1 del D.L. n.206 del 06/09/2005 the tourist package have as object the trips, the holidays and all inclusive offers that combine at least two of the following elements or sold with a lump sum price and duration more than 24 hours:
1)Transportation;2) accommodation 3) tourist services which are an important part of the package tour and are not incidental to the transportation and the accommodation.
The Consumer/ Traveler has the right/ is obliged to receive/ subscribe with the Travel Agency the Contract as stated by the art. 85-86 del D.L. 206 del 06/09/2005.
PARTICULAR NEEDS OF THE TRAVELLER
The traveller shall be held responsible for communicating, in writing, his eventual particular special needs and requests at the time of reservation. Arena Tourist s.r.l reserves the right to accept them, in writing, post reception of the acceptance by the purveyor who will be providing the service. The organizers must provide in writing to the agency, which in time will communicate this to the traveller, the feasibility and eventual added costs that these particular requests will entail.
OBLIGATION OF ASSISTANCE
The organizer is legally bound to lend the necessary assistance to the consumer, assistance imposed by the professional diligence exclusively as it refers to the obligations pertinent to the job description and as stated by the law or the working contract. The organizer is not responsible to the consumer for the non-compliance of obligations held by the individual sellers.
BOOKINGS & REGULATIONS
The booking is deemed finalized upon receipt of official written confirmation from Arena Tourist s.r.l. Such confirmation is conditioned by receipt of the inscription fees of no more than 25% of the participation fee, to be paid either at the moment of booking or upon receipt of the booking confirmation. The remainder fees should be received on or before the 30th day prior to departure. Non-compliance with these terms gives Arena Tourist s.r.l the right to consider the traveller as having cancelled the trip.
CANCELLATIONS
Cancellation of the trip gives the right to a refund consisting of the amount versed, minus the indicated penalties, for the inscription and the costs of cancellations services I.T. and individual reservations, which are: from 59 to 30 days prior to departure 10% of the inscription; from 29 to 15 days from departure 25% of the inscription fee; from 14 to 9 days from departure 50%; from 8 to 4 days from departure 75% of the fee; less than 4 days from departure no reimbursement is possible. Any traveller who decides to interrupt a trip, already started, will not be eligible for a refund.
COMPLAINTS
The consumer, as stated by art. 98 of D.L. 206 dated 06/09/05, is obliged to formally denounce, in writing and with receipt of postage, any complaints regarding problems with the tourist package to both the Organization and to the tourist structure where he or she is lodged within and no longer than 10 working days after departure from the respective holiday destination. Any breach of contract must be contested by the consumer without delay, enabling the organizer or a company representative to remedy the situation in loco.
RESPONSIBILITY
The responsibility of Arena Tourist s.r.l towards the traveller and their belongings is regulated by the law and international conventions concerning the responsibility of travel organizers and the services of “all inclusive” trip, in effect at the time of occurrence of the facts concerning responsibility (in particular art. 94,95,96 D.L. 206 dated 06/09/05). The responsibility of Arena Tourist s.r.l can in no way exceed the limits of said law and international conventions.
TRIP CANCELLATION AND AMENDMENT
Arena Tourist s.r.l as stated by the art. 10 of the law 1084 dated 27.12.77 and of the UC directive 90/314 can, without incurring in charges, annul totally or partially the contract, without any obligation other than the restitution of the amounts received. In case of annulment of the contract prior to initiation Arena Tourist s.r.l must reimburse fully any payment received from the Traveller. In case of cancellation of a contract Arena Tourist s.r.l must take all the necessary measures in the interest of the traveller; each party is obliged to reimburse one another in an equal manner. The prices can be adjusted at any moment as a consequence of variation of carrier rates and costs of the tourist services.
In case of non compliances due to circumstances beyond our control, Arena Tourist s.r.l can assign an alternative destination with similar features. Whether the consumer does not communicate in writing to Arena Tourist the will to withdraw from the contract and not to benefit of the alternative choice two days before the proposal, is meant as accepted. In cases in which the increase exceeds 10% the client has the right to cancel the trip, communicating his decision in writing, within 24 hours of receiving notification of the increase.
Arena Tourist s.r.l responds only to that which is expressly indicated in this brochure (any eventual variations to said brochure or "brochure errata" shall be communicated by Arena Tourist s.r.l at the moment of booking).
REIMBURSEMENT SERVICES
Any request for an eventual reimbursement for non-compliance of service must be communicated to Arena Tourist s.r.l within 10 working days after return from holiday, or the request will be rendered invalid. The legal forum used for each discussion shall be that in which the organizing agency resides
LUGGAGE
Arena Tourist s.r.l is not responsible for any lost or damaged luggage
SECURITY FUNDS
As stated in the art. 100 D.L. 206 of 06/09/05 which announces the formation of a security fund provided by the Prime Ministry. All passengers, in case of insolvency or bankruptcy of the Tour operator, can request reimbursement of the amounts already paid and/or the return home in case of trips in foreign countries. The modality of operation of such fund has been established in a decree issued by the Prime Minister in accordance with the Minister of Finance and of the Treasury.
INSURANCE POLICY
Polizza Cattolica di Assicurazione n. 000113.32.001629. Polizza Navale Assicurazione nr.4169794.
Communication to the Administration of the Province of Verona, Tourist Office, taken place on 10th December 2010.
Obligatory communication as stated by the art. 17 of the law “6 February 2006 n. 38”: Italian law punishes, with imprisonment, all crimes connected to prostitution and/or child-related pornography, including those offences committed outside its borders.