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GENERAL CONDITIONS
If not differently agreed in writing, these following conditions are valid:
1) APPLICABLE LEGISLATION - LIABILITY
Travel contracts are governed by Law no. 1084 dated 27 December 1977,
ratified and implemented by the International Convention on travel Contracts
(CCV) signed in Brussels on 23 April 1970 and as of 14 October 1995, by
the Legislative Decree no. 111 dated 17 March 1995, in implementation of
EEC Directive 314/90. The liability of NAPOLEON Tour Operator in its
capacity of travel organizer (authorized by the Province of Livorno with
resolution no. 126 dated 20 June 1997) 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 immediately followed by a partial
prepayment of 25% of the total cost of the vacation. The balance must be
paid no later than 15 days before the starting date of the journey. In case the
reservation was confirmed 2 weeks before the beginning of the stay the
purchaser will pay the entire amount of the stay when documents are
delivered. Every further agreement to this article 2 must be in writing agreed
by both parties.
2 A) PAYMENT CONDITION
The payments have to be owed in Euro. Checks can not be accepted.
Banking expenses are purchaser's responsibility.
2 B) SERVICES VARIATION
Variations or cancellation of the services described in the travel contract are
accepted only if absolutely necessary, if not substantial and if they do not
change the general character of the journey. Variation have always to be
agreed in writing either they are demanded by NAPOLEON Tour Operator or
by the purchaser. The variations demanded by the purchaser authorize
NAPOLEON Tour Operator to add a variation charge of € 30,00 due to a new
calculation of the costs. Moreover, NAPOLEON Tour Operator is authorized
to debit the purchaser with every increased price resulting from every
variation demanded by the purchaser.
3) PRICES
All the prices include taxes and percentages of service. In case of increased
taxes, the prices will have to be adjusted. They do not include beverages,
extras, tips, admittance tickets, transfers, excursions.
4) HOTEL CLASSIFICATION
The classification of all the structures is in compliance with the official one.
In case an hotel is famously above the standard of category in question, we
will assign it an additional appellative (f.e. SUPERIOR / SUPER VIP).
5) VARIATIONS
NAPOLEON Tour Operator shall have the right to change hotels and/or
places with others of similar characteristics, if this should be necessary
because of unforeseen circumstances. If such variations are not accepted,
notification of which must be given within 2 (two) working days from receipt
of the proposed variations, NAPOLEON Tour Operator will be only obliged to
refund the already paid amount.
6) CANCELLATIONS INTERRUPTION OF THE VACATION
A confirmed reservation shall be cancelled in writing, and NAPOLEON Tour
Operator will apply in addition the following penalties:
-Within 30 days before the arrival we will be adding € 250,00 as penalty
fee for working on the file.
-Within 21 days before the arrival we will be deducting the deposit of
(25%).In case the deposit had not been paid, the customer must pay it as
penalty.
-within 14 days before the arrival will be charging 50% of the total amount.
-within 7 days before the arrival we will be charging 75% of the total
amount.
-no refunds will be made after that limit.
If the vacation should be interrupted, no refunds will be made unless the
group is able to present a specific letter made by the hotel management
authorizing reimbursement for unused services. This procedure must be
followed and NAPOLEON Tour Operator will refund only the amount
authorized by the hotel, after having deducted any applicable agency fees.
7) WITHDRAWAL FROM CONTRACT WITHOUT PENALTIES
Customers may have the right to withdraw from the contract without
incurring any penalties in the following circumstances:
a) Increase in the price of the booked vacation is higher than 10%;
b) Significant changes in the contract requested by NAPOLEON Tour
Operator after the contract itself has been confirmed.
With reference to this, it is specified that customers must inform
NAPOLEON Tour Operator 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, customers will have
the right to be refunded of any money already paid or, alternatively, to be
offered another vacation of equivalent quality.
8) COMPLAINTS
Complaints must be immediately communicated during the stay of the
group directly to the supplier of the services and to NAPOLEON Tour
Operator, as they could be verified and quickly solved. Any written
complaints must be sent by certified mail with returned receipt, no later
than 10 working days after returning to the original place of departure. If
group does not send a formal complaint letter within that time period the
group has no right to claim anything.
9) LUGGAGE
Travelling with luggage is at the risk of the travelling customer, and
NAPOLEON Tour Operator may under no circumstance whatsoever
assume responsibility for any loss or damages incurred.
10)
OTHER
a) If not differently agreed, the group will receive one free room
every 23rd paying person in a single room (drivers and group
leader have to be included in the count).
b) The number of the single rooms available depend on how large t h e
group is and how many double or triple rooms are
requested, in general the proportion is every 8 double/triple
rooms, one single room (driver and group leader have to be
included in t he count) every 8 double/triple rooms.
c) The prices are valid for groups of at least 23 paying persons
(drivers and group leader have to be included in the count) For
smaller groups an increasing of price shall be expected. In case of an
increase higher than 10%, customers may have the r i g h t t o
withdraw from the contract within 2 weeks before the
starting of our services.
d) In case of objections referring to NAPOLEON Tour Operator's
invoices (prices, no. of participants, etc.), they will be accept only
if forwarded to NAPOLEON Tour Operator within 35 days from the
date of issue. The invoice will be considered valid for the total
amount, after that limit.
11) INSURANCE
NAPOLEON Tour Operator has stipulated a specific insurance policy
with: C.E.A. policy no. 131841 dated 31.03.2004
12) 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.
21, L. D.111/95, in the case of insolvency or bankruptcy of sellers or
organizers. The details of the use of the fund are governed by the Decree
of the President of the Council of Ministers under the terms of the above
mentioned Art.
13) OTHER MATTERS
Any other matters not expressly covered by the above General
Conditions shall be governed by the legislation referred to in section 1).
14)
JURISDICTION
These contracts are governed by the Italian Law. In case of legal
disputes, the court having jurisdiction will be that of Livorno, Italy.
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