General conditions pertaining to holidays

1) Preface: tourist packages.

  • Pursuant to article 2 no.1 legislative decree no.111 from 17/03/1995 in fulfilment of EU Directive 90/314, tourist packages include journeys, holidays and “all inclusive” packages resulting from the pre-arranged combination of at least two of the following elements, sold or offered in sale for a lump-sum and lasting more than 24 hours or lasting for a period of time which includes at least one night: a) transport; b) accommodation; c) tourist services not related to transport or accommodation which constitute a significant part of the “tourist package”.

2) Rules which apply.

  • The contract is regulated by the following provisos, by the clauses indicated in the holiday documentation sent to guests and by Legislative Decree no.111 dated 17/03/1995, EU Directive 90/314, by the international conventions on the subject and in particular by the Brussels’ Convention dated 20/04/1970, made executive with law no.1084 of 29/12/1977, of the Convention of Warsaw no.41 12/10/1990 of the Convention of Bern 25/02/1961 on public transport, made executive with law no.806 2/03/1963 regarding the service objective of package holidays, as well as the provisos on the subject in Civil Law and the other national legal rights which are not infringed by the rules of this contract. The responsibility of the organisation can in no way exceed the limits of the laws cited.

3) Booking.

  • The request for submission must be made by fully completing the form provided and including the client’s signature. The acceptance of the booking is dependent on availability. The booking is considered confirmed at the point when the company sends a written confirmation. Information relevant to the tourist package but not sent with the initial confirmation, will be sent on to the client in time for the holiday.

4) Payment.

  • At the point of booking a deposit of 30% of the total cost and the whole registration fee, where necessary, must be paid. The rest of the money must be paid 30 days before the date of departure. For bookings made less than 30 days before departure, the full cost of the package must be paid immediately. The failure to pay the correct price at the appropriate times constitutes breaking the contract, such termination is subject to compensation for further damages by the company.

5) Validity of the registration fees.

  • The fees are established on the basis of the cost of services in force on 30/11/2010 and the exchange rate. The price can change up until 20 days before the agreed departure date, according to the fluctuations of the exchange rate, the carriers and taxes. The revision of prices will be determined in proportion to the variations already mentioned and the client will be informed of the changes which have caused the price revision. The client may cancel the contract if the price has risen by 10% and if the client notifies the company within seven days of receiving the information on the price change. If no such notification is received by the company then it is understood the price change has been accepted by the client.

6) Transfer of booking.

  • The traveler who is unable to proceed with the holiday booked can transfer the booking to a person who satisfies all the conditions required for participation in the journey (passports, visas, health certificates, conditions and personal circumstances) provided that:
  • a) The company is informed in writing at least four days before the departure date, giving information regarding the particulars of the person to which the participant intends to transfer the reservation.
  • b) There are no problems in regard to visas, health certificates, hotel accommodations, transportation or other services that makes it impossible to use the package by someone other than the original participant.
  • c) The person to whom the trip was transferred must pay all transfer expenses which will be clarified at the time of the communication about the transfer. However, the company will not be held responsible for the failure of third party service providers to agree to the transfer. The original customer must in any case, pay the registration fee, where applicable.
  • They will also be jointly responsible, with the new customer, to pay the balance of the price and for any associated transfer costs as mentioned above.

7) Cancellation.

  • If a client cancels the trip in writing they will be entitled to a refund of the amount paid less the registration fee and the penalty set out below which is calculated on the total amount of the booking, as well as fees and charges incurred for the cancellation of services, tour packages with individual scheduled services and the hotel:
  • 10% from the moment of booking until 30 days before departure
  • 30% from 29 to 21 days before departure
  • 50% from 20 to 11 days before departure
  • 75% from 10 to 3 days before departure
  • No refunds will be given after these deadlines.
  • No refund will be given to those who are not present at the start of the trip or who cancel during the course of the trip. No refund will be given to those who cannot make the trip due to lack or inaccuracy of their personal and travel documents.

Cancellation of the trip by the company.

  • The company may cancel the contract, in whole or in part, without compensation, for the following reasons:
  • a) Under exceptional circumstances
  • b) When the minimum number of participants in the trip has not been reached and the client is informed at least 20 days before departure. In both cases the customer will receive a full reimbursement of the fees paid within 7 days from the time of cancellation, but no other compensation.

9) Changes to the package.

  • The company may, on reasonable grounds, introduce changes to the program as long as the services actually provided are not objectively lower than expected (eg hotel accommodations may be different from those provided as long as the hotel category is not less than indicated in the itinerary). If changes occur in one or more elements of the services included in the package, the client is entitled to terminate the contract without penalty provided they give written notice to the company within two business days of receiving the notification of changes. If post-departure the company cannot provide an essential part of the services covered in the contract, it will provide alternative solutions, without additional cost to the client and if the services provided are of lower value than those originally booked, compensation in the amount equal to such differences will be given. Where no alternative is possible or where the solution offered by the company is refused by the client for genuine, justified and substantiated reasons, the company will provide a means of transport equivalent to that originally planned to return the client to the starting point of the trip. In all cases, the client is entitled to compensation for any direct damage, if the fault of the company. Cases for compensation covered by the contract are subject to the limitations of liability provided by law or by existing international conventions, in regard to travel and transportation. Requests by clients for changes to bookings already accepted will be met if the company can do so, without obligation. In this case the major costs incurred by changes will be charged to the client.

10) Obligations of the clients.

  • Clients must be in possession of passports or other valid documents for all countries visited, as well as tourist and transit visas and health certificates if required. They must also observe the rules of normal diligence, and read all information provided by the organization along with all regulations and administrative and legal provisions in the package. Clients will be liable for any damage that the company incurs because of their failure to fulfill the above obligations. The client will provide to the company all documents, information and facts in its possession relevant to the act of the right of subrogation against third parties responsible for damage. The client will also communicate in writing to the company at the time of booking, all the details which will eventually be the subject of specific agreements of the travel arrangements, presuming they proceed without complications.

11) Hotel classification.

  • The hotel classification, in the absence of official classifications recognized by the competent Public Authorities of the EU countries where their service is provided, is based on the company’s evaluation criteria of quality standards.

12) The company’s responsibilities.

  • The company is liable for damage caused to clients due to the total or partial failure of the services contracted, whether these are undertaken by the company directly or by third party service providers, unless he proves that the event was caused by the client (including activities undertaken by the client during services provided) or to events unconnected with the provision of services under the contract, by accident, by force majeure, or by circumstances which the organization could not, in accordance with due diligence, reasonably foresee or forestall.

13) Compensation limitations.

  • The compensation payable by the company may in no circumstances exceed the compensation for damages provided for by international conventions, mentioned in art. 2, in reference to compensation where responsibility has been assigned to the company or third-party service providers. In any case, the compensation limit for damages (apart from to the person) cannot exceed the amount of "germinal 5,000 gold francs for any other damage" art. 13 no.2 CCV. If the original text of the afore-mentioned conventions is amended, or new international conventions concerning the services covered by the package come into force, the new indemnity limits provided by the amended convention at the time of the damage, will apply.

14) Duty of care.

  • The company is responsible for providing assistance to the traveller in accordance with professional diligence exclusively in respect of legal and contractual obligations.

15) Claims and complaints.

  • The client, under penalty of forfeiture, must report in writing, all differences and defects to the company with regard to the tourist package as well as the shortcomings in its organization or implementation, the occurrence of problems and, if not immediately recognizable at least within 10 days from the return date of the holiday. If complaints are made during the holiday the company must provide the requested assistance to the client according to article. 14, in order to seek a prompt and equitable solution. Even if the complaint is made at the end of the trip the company will be similarly obliged to guarantee a prompt response to the client’s complaint. The traveller loses the right to ask the organization to recover any damages for loss of money, objects of significant economic value and securities of any kind, if such property has not been listed in writing to the company before the trip and therefore is not covered by insurance.

16) Cancellation and emergency repatriation insurance.

  • If not expressly included in the price at the time of booking, it is advised to take out travel insurance (optional) for the costs resulting from cancellation of the trip, or for injury or loss of luggage. Insurance can include health cover insurance to pay for emergency assistance in case of accident or illness and to cover repatriation costs.

17) Insurance Guarantee Fund.

  • ORVIETUR Tour Operator della G.A.T. S.R.L. Unipersonale is covered by policy no. 0494762 dated 14/01/2004 Sara Assicurazioni Company SpA for civil liability in accordance to articles 15 and 16 of legislative decree no. 111 dated 17/03/1995. Under article 21 legislative decree no. 111/95 a national guarantee fund has been created which clients can apply for in the event the company fails or becomes insolvent and the client needs a refund or repatriation. The fund must also provide immediate economic aid to clients who need emergency repatriation from non-EU countries in circumstances not attributable to the conduct of the company.

18) Jurisdiction and arbitration clause.

  • Any dispute arising from this contract will be resolved where the tour operator has legal residence.

Technical organisation:

Orvietur Tour Operator
Umbria Regional Authorisation no. 3694 dated 10/05/2000
Publication prepared in accordance with the Umbria region law 42/85
Validity of the programmes: 01/01/2011 – 31/12/2011

Mandatory disclosure pursuant to art. 16 Legislative Decree 269/98 Italian law punishes with imprisonment any crimes related to prostitution and child pornography, even if they are committed abroad.

Privacy Please note that all personal data will be handled in accordance with the provisions of law 675/1996 and that processing of personal data is controlled by the company and the service providers covered by the package. The personal data in any case will not be disclosed to third parties at any time and may be deleted at the request of the consumer.