CONDITIONS |
Rules of Travel
1)
Contracts of travel and responsibility. The contracts relative to the present program, notwithstanding any clauses to the contrary, are regulated by the law n. 1084 of 27/12/1977 of ratification and execution of the International Convention relative to contracts of travel (CCV) signed in Brussels on 23/4/1970, with the Directive 90/314 CEE and with the Legislative Decree 17/3/95 n°111 of realization from the above mentioned Directive, concerning travel, vacations and all other elements therein comprised. For all inclusive travel packages the Contract of Sale is published in written form and an undersigned or officially stamped copy from the Organizer or Seller must be released to the Consumer. |
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2)
Inscription. The acceptance of the inscription is dependent, on the part of the Organizer of the package, on the availability of places and said inscription is complete only at the moment of confirmation from the Organizer. |
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3)
Payments. At the moment of booking a deposit of 30% of the total participation fee must be paid. The balance is due 45 days prior to departure, without separate arrangements between the parties. For inscriptions made during the 45 days prior to departure, the entire amount is due for payment immediately. Non payment of deposit or balance by the established dates constitutes clause for annulment as expressed in the contract, such to determine the forfeiture of rights, excepting any separate damages incurred from the Organizer. |
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4)
Validity of the costs of participation. The costs of participation are calculated according to the rates of transportation, of the accommodation structures and tourism service providers current at the moment of drafting the program (1 $ = € 0.76) . These may be changed only because of variations in the exchange rate, the cost of transportation, including the cost of fuel and rights and taxes on certain services, for example: landing taxes, of embarkation and disembarkation in ports and in airports. If the price increase exceeds 10% of the tour cost, the participant is entitled to withdraw from the contract with rights to a full refund of all the sums previously paid, as long as he gives written notice to the Organizer within 48 hours of having received the communication of said increase. The declared price will not be increased during the 20 days previous to the proposed date of departure. The prices quoted within these pages are expressed in Euro. |
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5)
Contractual changes. Before departure, should the Organizer have need to make significant changes to one or more elements of the contract, he must immediately give written notice of said changes to the Consumer indicating the type of modification and any alterations in cost that may result. The Consumer must comunicate their decision regarding these changes within two working days of receipt of the Organizer's notification; should the consumer not accept the proposed changes, he may withdraw from the contract without payment of any penalties. |
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6)
Cancellations. Should a participant wish to cancel a program of travel he must immediately communicate his intent to the Organizer by telegram or fax and will have the right to a refund of all payments made minus any inscription costs, any expenses incurred as a result of the cancellation of previously reserved services and the following penalties:
- 30% of the participation cost for cancellations up to 45 days before the departure of the program of travel.
- 100% of the participation cost for cancellations after 45 days before the departure of the program and travel.
No refund will be accorded to whom is unable to participate in a program of travel due to missing, inaccurate or invalid documents of travel or emigration.
No refund will be accorded to he who decides to prematurely terminate a program of travel or stay |
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7)
Insurance. The proposals of O'Sole Mio Tour often comport difficult itineraries in areas that may be infrequently visited and isolated, therefore participation is advised only for persons in very good physical conditions. The risks involved in the execution of these programs of travel are considerably higher than those of a normal organized vacation. For this reason, it is obbligatory for participants to purchase, of their own accord, an insurance policy to cover medical expenses and emergencies and repatriation to their own country should it become necessary, participants are also strongly advised to purchase insurance against loss of luggage and cover for any expenses incurred to said participant due to the eventual cancellation of the contract. O'Sole Mio Tour cannot be held responsible for expenses incurred for which a participant has not taken insurance. |
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8)
Substitutions. A participant who renounces a program of travel may substitute himself with another person as long as he gives written notice of this change at least 7 working days before departure and as long as the substituting person is in possession of all personal documents, visas, vaccinations and other requirements necessary for the program of travel. In the case of substitution, the renouncing client will be billed for all extra costs, taxes included, incurred in the fulfilment of said substitution. The renouncing client and his substitution are bindingly responsible towards the Organizer or Seller for payment of the balance, as well as the aforementioned additional costs. The Organizer reserves the right, without obligation or responsibility, to reimburse eventual sums for services unused due to cancellation. |
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9)
Cancellation of the program of travel by the Organizer. O'Sole Mio Tour may cancel the contract in full or in part at any time by rights of the law 1084 del 27/12/1977, without further obligation than the refund of the payments already made:
- because of force majeure or acts of God;
- in the case that the minimum number of participants has not been reached and that notice of this is communicated to the participant at least 20 days prior to departure.Should it result impossible to provide the predetermined services of a program already in process of execution, O' Sole Mio Tour will do all within it's power to aid the participant. |
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10)
Force majeure. The Seller or Organizer cannot be held responsible for strikes, suspension of services due to bad weather, acts of war, civil or military unrest, insurrections, natural disasters, plunder, acts of terrorism and other such events constituting force majeure. |
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11)
Consumer rights. When the Consumer exerts his rights of withdrawal from the contract in the manners indicated by section 4) and by section 5) or when the tourism package is cancelled before departure for reasons out of the control of the Organizer, the Consumer has the right to an equivalent or superior tourism package without payment of a price supplement, or a package of lesser value with receipt of the difference in price; alternatively he must receive within 7 working days of the withdrawal or cancellation the amount of money that has already been paid. |
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12)
Responsibilities of the Organizer. The Organizer is responsible for all damages incurred by the Consumer due to the total or part nonfulfilment of the services stated in the contract, whether these services were to be provided directly by the Organizer or by other third party suppliers, and he is held responsible for compensating the Consumer for the damages suffered, whilst maintaining his right to claim compensation from said suppliers in turn. In this case, the Organizer is party to all the rights and actions of the Consumer against the responsible third parties. The responsibility of the Organizer toward the traveller for any eventual damages due to missing or inadequate completion of the contractual obligations is regulated by the international laws and conventions stated in section 1). Therefore, the responsibility of the Organizer towards any claim of the traveller, cannot exceed the stabilized limits of the above laws and conventions in relation to the claimed damages; furthermore the Organizer is exonerated from every responsibility where the lamented nonfulfilment of services is due to an act attributable directly to the traveller himself or attributable to a third party not a contracted supplier of the services required by the present contract of travel, nor is the Organizer responsible for damages caused by chance or by force majeure or by autonomous actions taken by the traveller during the course of the contracted package. O'Sole Mio Tour, in any case, will always do everything possible to help a traveller who finds himself in difficulty. |
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13)
Responsibility of transporters. Transporters are responsible towards the traveller only during the period of transportation within their vehicles and only according to the regulations contained in their publicised general terms and conditions. The programs are presented only on behalf of the Organizer, and are ,therefore, not presented on behalf of the transporters whose services are used during the program of travel. The transportation of means belonging to the participant will be carried out by the transporter, O'Sole Mio Tour cannot be held responsible for any eventual damages caused during transportation or during loading and unloading. O'Sole Mio Tour cannot be held responsible for incidents caused by the imprudent or bad behaviour of one or more participants. Each and every participant is directly responsible for damages sustained by the means they are driving and for any damages that they might cause to third parties. |
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14)
Norm for the conformity of accommodations. The proposed hotels and other lodging structures, are all officially registered and authorized to provide the services they offer, according to the norms of the country in which they are located. |
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15)
Obligations of the Participant. The participants of a program of travel must be in possession of an individual passport or other document valid for the country proposed in the itinerary, as well as any necessary visas and vaccinations, and suitable travel insurance. Said Participants must also agree to abide by all the rules of general prudence and diligence, to all the information provided by the Organizer as well as the rules and administrative or legal requirements of the countries to be visited. The Participants will be held responsible for any damages incurred by the Organizer due to their negligence in regards to the above indicated regulations. Participants agree to help and aid other team members in difficulty, to pay attention to the indications that will be supplied occasionally by the assistance personnel, to allow the filming or photography of their personal image during the program in a manner not damaging to the personality, and to observe elementary rules of safety and prudence. |
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16)
Refunds for unused services and complaints. Each inadequacy in the execution of the contracted services must be contested in the moment in which it occurs (or as soon as possible, by telephone or another suitable method) in a way that the Organizer, his local representative or escort can propose a timely solution. Requests for eventual refunds for inadequate services or complaints of another nature must be sent exclusively by recorded post to O'Sole Mio Tour, specifically within 10 days of the end of the program of travel, or the claim for compensation will be null and void. No refund will be due for services paid for but unused or inadequate through fault of the participant. |
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17)
Obligatory statement regarding art. 16 of the Italian law n. 269 del 30/08/98:The Italian law punishes with imprisonment crimes promoting prostitution and juvenile pornography, including when these crimes are committed abroad. |
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18)
Guarantee fund. The fund was founded upon a decree of the Ministry for Industry of 23/07/99 n. 349, and to which the Consumer may draw according to article 21 Decr. Legisl.111/95 in the case of the bankruptcy of the seller or Organizer for the following reasons:
a) refund of all sums paid;
b) repatriation if travelling abroad. .The fund must also provide immediate economic assistance in the case of a necessitated repatriation due to emergency, whether it be attributable or not to the Organizer. The methods of intervention of the fund are set by decree of the President of the Council of Ministers by art. 21 n. 5 Decr. Legisl. n. 111/95. |
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19)
Safety of world countries.
Participants agree to inform themselves, from the competent agencies, of which: Foreign Ministry (Crisis Unit), Automobile club, Association of National and Regional Travel Agents, Consumers associations etc..., with the intention of risk evaluation, of all of the recommended precautions for the countries in the program of travel and to make a personal and free decision whether to participate or not in said program. Participants must also take note that situations of danger can change rapidly and that, although great effort and care is taken by the various official suppliers of information, they should not assume absolute correctness of the notifications available to the public and that such information should not and is not intended to substitute the individuals personal decision to join a program of travel or not. Furthermore, the Organizer cannot be held responsible for any eventual damages or harm which may develop over the course of a program of travel because of the general situation of safety of the country or countries visited. |
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20)
Competent court of law. For any eventual controversy the competent court of law will be that of Florence, Italy. |
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21)
Spese di variazione. Modifications on the part of a service provider of booking services already consolidated incur a fixed administrative fee on behalf of the Organizer of €50.00 per module. |
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22)
Technical Organization: O'SOLE MIO TOUR - VIA ARETINA 250 – 50136 FIRENZE - Authorization released by the province of Florence on 14/01/2004. - Civil responsibility insurance - EUROP ASSISTANCE NR. 17.023. |
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