1) INTRODUCTION, NOTIONS OF TOURIST PACKAGE
According to the Tourism Code (art.32-51-novies) as amended by Legislative Decree no. 62 of 21/05/2018 implementing the EU Directive 2015/2302, package tours are about trips, holidays and "all inclusive" circuits resulting from the prefixed combination of at least two of the following items, sold or offered for sale at a flat-rate price and of a duration exceeding 24 hours, or extending for a period of time comprising at least one night: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation (omissis)... which are a significant part of the "tourist package".
Bookings will be accepted until all available places are filled. Booking is considered valid from the moment of the written confirmation by Napoleon Tour Operator and with the subscription of the “Travel contract” according to the Law 79/2011.
Bookings will be considered valid only if confirmation is immediately followed by a partial prepayment of 25% of the total amount. The balance will be agreed by both parties. The non –payment of the sums above-mentioned, within the established dates, constitutes an express termination clause such as to determine, rightful termination of the contract by Napoleon Tour Operator.
From 01/01/2021 to 31/12/2021.
All the prices are in Euros, are net per person and include taxes and percentages of service but don’t include the tourist taxes, tips, extra and whatever not specified. Prices are expressed according to the exchange rate parity and with rates in effect at the time of printing the catalogue. Anytime the prices can be modified if there are some differences in the exchange rate parity or for increase of the management charges due to increase of raw material, taxes, energy. In the case that the price increase exceed the 10%, the participant will have the right to withdraw the contract without penalties, on condition that give written communication to Napoleon Tour Operator within 48 hours from the receipt of the notice of the increase. The price cannot be modifying twenty days prior the departure date.
6) TOURIST TAX/LANDING TAX
The legislation on tourist tax/ landing tax leaves to individual municipalities the discretion of application. The prices proposed in the catalogue and/or in the following personalized quotations may not be inclusive of the tourist tax/ landing tax, unless otherwise indicated. If the tourist tax/ landing fee is due and does not fall within the budget of NAPOLEON Tour Operator, must be paid directly on site at the accommodation facility, extra to the price agreed with NAPOLEON Tour Operator.
7) ACCOMMODATION FACILITIES
Napoleon Tour Operator has accommodation facilities located in all destinations, some in the city centre and some in peripheral location. The classification of the accommodation is in conformity with the law.
If due to force majeure, Napoleon Tour Operator has the right to change the accommodation and/or the locality of stay. The traveller must give written communication to Napoleon Tour Operator about his choice to withdraw or accept the alternative package no later than two days from the receipt of the alternative offer. If the traveller doesn’t accept the change, Napoleon Tour Operator must to give back the sums collected within the seven working days from the moment of the communication by the traveller. CHANGES OF THE CLIENT: For each single change requested by the client/traveller after booking, NAPOLEON Tour Operator may, at its discretion, charge a lump sum of Euro 35.00 for practice in addition to any penalties.
The traveller who can not participate to the booked travel may transfer his booking to another person who satisfies all the conditions required, above all the requirements concerning the passport, visas and health certificate. The transferor has to communicate the transfer to Napoleon Tour Operator with a parcel with advice of delivery or telegram. This parcel or telegram must get to Napoleon Tour Operator within four working days before the departure, and must indicate the details of cessionary. The transferor must refund to Napoleon Tour Operator all expenses incurred for the substitution, in an amount to be quantified before the transfer. In some types of services may be that a third party supplier don’t’ accept the name substitution, and in this case Napoleon Tour Operator is not responsible. The non – acceptance of the supplier must be communicated quickly by Napoleon Tour Operator and before departure. The travellers, transferor and cessionary, are jointly and severally responsible for the payment of the price.
10) WITHDRAW AND CANCELLATION
When the withdraw takes place outside the cases referred to in points five and seven of this contract, the traveller himself must paid the following penalties:
- The 10% of the total amount from the day of the written confirmation by Napoleon Tour Operator till 31 days before the departure;
- The 20% of the total amount from 30 to 23 days before departure
- the 50% of the total amount from 22 to 09 days before departure
- the 75% of the total amount from 08 to 04 days before departure
- the 100% of the total amount for cancellation from 03 days to the day of departure.
This last penalty is valid also when the traveller not come to departure or in the case that the traveller interrupts the travel during the stay.
NAPOLEON Tour Operator reserves the right not to travel if the minimum number of participants indicated in the catalogue is not reached, informing the traveller within the terms set by the Tourism Code.
11) FACULTATIVE INSURANC
Before the departure it is possible, indeed advisable, to stipulate by Napoleon Tour Operator special insurance policies against the costs arising due to the package cancellation. It is also possible to stipulate a contract for medical and baggage assistance.
In the case of complaints about the services, the traveller must immediately contact Napoleon Tour Operator so that it can verify the inefficiency of the service and have the opportunity to solve them. Traveller can made a written complaint sending a parcel to the organiser or to the supplier, no later than 10 working days after returning in the locality of departure.
The travel contract referred to in this program is subject to the following provisions and the Tourism Code, the provision of the International Convention on Travel Contracts (C.C.V.), as well as the L.R.T. n. 86 of 20/12/2016, and EU Directive 2015/2302. The liability of NAPOLEON Tour Operator shall in no case exceed the limits provided by the aforementioned laws. No liability will be able to compete with NAPOLEON Tour Operator for damages caused by: strikes, suspensions or delays due to adverse weather conditions, natural disasters, pandemic, road accidents, lack of water, electricity, communications interruptions.These cases, or others similar, can not be attributed to the organiser, or carries, or service providers. Any additional costs paid by the travellers due to these causes, will be not refund, and the performances that, for these causes, can not be used are not recoverable. Organiser, moreover, is not responsible for damages which are due to autonomous initiatives made by the traveller during the travel. The luggage is at the risk of the traveller and Napoleon Tour Operator is not responsible for thefts, loss or damages.
14) DUTY OF ASSISTANCE
The organiser must give assistance to the traveller according to the professional standard of care, exclusively with reference to the obligations bear. The organiser is not responsible, against the traveller, for the failure obligations of the intermediary. The organiser and the seller are not responsible when the failure of the contract is due to the traveller or to another cause unpredictable or inevitable, or an accident or a cause of force majeure.
15) DUTY OF PARTICIPANT
You must be in possession of your valid passport or identity card. A participant who, as a result of his negligence, should forget the document and therefore be rejected by the Authorities shall be deemed to have renounced the journey and shall be subject to the conditions laid down in paragraph 10 of this Regulation. Participants should observe the rules of normal prudence and diligence and the specific rules in force in the countries of destination of the trip, and consider all the information provided to them by the organiser and the administrative or legislative regulations and provisions relating to the package. The participants will be held liable for any damage that NAPOLEON Tour Operator may suffer due to their failure to comply with the above obligations.
16) LIABILITY INSURANCE
To cover the risks incurred by persons as a result of their participation in travel or residence programmes and to ensure that their obligations towards customers are properly fulfilled, NAPOLEON Tour Operator has stipulated with the insurance company Allianz Spa insurance policy n. 79616325 of 20/01/2020 in compliance with the provisions of art.91 L.R.T. 86 of 20/12/2016.
17) GUARANTEE FUND
The tourist packages sold under the contract governed by these general conditions, are assisted by the following guarantee for the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist (if the package includes transport), in the event of insolvency or bankruptcy of the intermediary travel agent or organizer, pursuant to Article 47 of the Tourism Code: Zurich Surety Policy No. 998A8831 of 30/09/2020.
18) PLACE OF JURISDICTION
For eventual contests and controversies will be exclusively competent the Court of the district of Livorno.
19) CONSENT TO THE PROCESSING OF PERSONAL DATA
In accordance with current legislation on the protection of personal data (D.Lgs. 196/2003, as amended and integrated by Reg. EU 2016/679 and D.Lgs. 101/2018), the processing of personal data is carried out with correctness and transparency, for lawful purposes and by protecting confidentiality and its rights. you can view the policy of NAPOLEON Tour Operator on the website www.napoleonviaggi.it/it-privacy.html, www.napoleontours.com/privacy.php.
NAPOLEON Tour Operator di Grandi Vacanze S.r.l.
57037 PORTOFERRAIO (LI) Isola d'Elba
Tel. 0565-917888 (r.a.) Fax 0565-918772
P.IVA / C.F. / Iscr. Reg. Imp. CCIAA Livorno n. 01736010495
N.REA CCIAA Livorno 153483 - Capitale sociale Euro 10.000,00
Province of Livorno n.3118 of the 25/01/2013.
THIS TRAVEL PROGRAMME COMPLIES WITH CURRENT REGULATIONS.