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Contractual conditions

AVITUR TOUR OPERATOR HOLIDAYS IN SARDINIA

Avitur Tours in Sardinia guarantees you Holiday offers in Sardinia at favourable prices. Our Last Minute Sardinia Tours apply to June, July, August and September, and are continuously updated. You can find last minute rented apartments in Sardinia, last second Tour offers, low cost Holiday offers in Italy.

On our site you will find the new Sardinia programme complete with our exclusive Free Boat option reserved to all stays of a minimum of 7 nights in our apartments.
7 complexes selected for their features, which are carefully verified by our staff, in the most beautiful and sought-after locations in Sardinia: Castelsardo, Porto Cervo, Santa Teresa di Gallura, Cannigione, Budoni and Olbia; we have since further increased the availability of the complexes which we offer you with the Free Boat option where we offer free transport or a highly discounted price to guarantee you the possibility to book for you and for your clients the most beautiful island in the Mediterranean at attractive prices at all times of the year. The prices you see are all-inclusive, Avitur does not apply administration charges and only includes port taxes in packages which include the boat. From this year on you can book in confidence… for a minimum of 7 nights receive complementary insurance for modification/cancellation+medical/luggage!

So choose to book with Avitur for the Magic Island…

…we are already here!

GENERAL CONDITIONS OF PARTICIPATION

1. PREAMBLE
NOTION OF TOURIST PACKAGE granted that: the legislative decree n. 111 of 17/03/95 implementing the Directive 90/314/CE provides for the protection of the consumer that the organiser and vendor of the tourist package, to which the customer refers, must be in possession of the administrative authorisation for the completion of their activity (art. 3/1 letter A of legislative decree 111/95) the consumer has the right to receive a copy of the contract of sale of the tourist package (in the senses of art. 6 of legislative decree 111/95), which is an essential document for eventual access to the Guarantee fund laid out in art. 18 of the present general conditions. The notion of a tourist package (art. 2/1 of legislative decree 111/95) is the following: tourist packages concern all-inclusive travel packages, holiday packages and tour packages, resulting from the prearranged combination of at least two of the following elements shown, sold and offered for sale at a fixed price, and of a duration greater than 24 hours or extending for a period of time including at least one night: transport, accommodation, tourist services not attached to transport or accommodation that constitute a significant part of the tourist package.

2. LEGISLATIVE AUTHORITIES
The tourist package sales contract, in addition to being regulated by the present general conditions, is also subject to the clauses indicated in the travel documents sent to the consumer. Said contract, whether it concerns services to be provided in domestic or foreign territory, will be likewise governed by the regulations where applicable from L. 27/12/1977 no. 1084 ratified and enforced by the International Convention on travel contracts (CCV) signed in Brussels on 23/4/1970, in addition to the aforementioned Legislative Decree 111/95.

3. TECHNICAL DATA SHEET
The organiser AVITUR OLBIA (SS) is in possession of:
* LICENCE NO. 56 OF THE OFFICE OF TOURISM FOR THE REGION OF SARDINIA.
* Guarantee for the Region of Sardinia, province Olbia/Tempio no. 167.0726480.27.
* Insurance policy for civil responsibility from Company Europ Assistance no. 20.054. The present catalogue is valid from 01/01/2018 to 31/12/2018; all prices are given in euros. Date of drafting of the programme: 10/12/2017.
The present programme has been drawn up in conformity with the regulations of Regional Law no. 13 of 13/7/88. The generic photographs of beaches or landscapes represent strictly the “scenery of Sardinia”, but sometimes do not relate to the specific location indicated in the margin of each page. Photography: Avitur archive.
3.1 PENALTIES IN CASE OF CANCELLATION: In the case of cancellation of the booking on the part of the consumer outside the scenarios outlined in point 7, Avitur will debit the following penalties net of the non-refundable administration fee: cancellation communicated more than 21 working days (excluding Saturdays) before departure, penalty of 30%. Cancellation communicated between 20 and 12 working days (excluding Saturdays) before departure, penalty of 50%. Cancellation communicated between 11 and 6 working days (excluding Saturdays) before departure, penalty of 75%. Cancellation communicated between 5 and 0 working days (excluding Saturdays) before departure, penalty of 100%.

4. BOOKINGS
Acceptance of the booking is understood to be carried out, with the consequent conclusion of the contract, only in the moment in which the organiser sends the relevant confirmation, including by means of a telematic system, to the client directly or to the vendor travel agency. Information relating to the tourist package not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organiser in fulfilment of the obligations at his own expense set out in Legislative Decree 111/95 at a helpful time before the start of the travel.

5. PAYMENTS
Upon the act of booking or the act of making a binding request, a payment of 30% of the package must be made; the balance of the booking must be paid at least 30 days before departure. Payment of the sums above which is missing on the established dates, constitutes an express termination clause such as can establish, on the part of the intermediary agency and/or the organiser, the legal termination of the contract.

6. PRICE
The price of the tourist package is determined in the contract with reference to that given in the catalogue, or programme not included in the catalogue and to any subsequent updates to these catalogues or programmes not included in the catalogue. This can be altered until 20 days before the departure and only as a consequence of variations of: cost of transport, including cost of fuel, duties and taxes levied on any type of tourist service, landing taxes, embarkation or disembarkation taxes in ports or airports; currency exchange taxes applied to the package in question. For such variations, reference will be made to the exchange rates and to the costs mentioned above, to the date of drafting of the programme as quoted in the technical data sheet of the catalogue or to the data quoted in any adjustments as mentioned above. The fluctuations will impact the fixed price of the tourist package in the percentage explicitly indicated in the technical data sheet of the catalog or programme not contained in the catalogue.

7. WITHDRAWAL OF THE CUSTOMER
The customer can withdraw from the contract, without paying a penalty, in the following circumstances:
price increase as outlined in article 6 of an amount exceeding 10%, significant changes to one or more elements of the contract objectively definable as central to the enjoyment of the tourist package considered as a whole and proposed by the organiser after the conclusion of the contract, but before the departure and not accepted by the consumer.
In the cases mentioned above, the consumer has the right either: to make use of an alternative, without any extra cost, or with the repayment of the excess price, if the second package has a lower value than the first; or to a refund of only the part of the price already paid. Such a refund will be made within seven working days from the moment of receipt of the refund request. The consumer must communicate his decision (to accept the modification or to withdraw from the contract) with in and not later than two working days from the time of receiving the notification of increase or modification. In the absence of express notice within the aforementioned period, the proposal made by the organiser will be considered to be accepted. Should the consumer withdraw from the contract before the departure outside the circumstances listed, the penalty amounts indicated in the technical data sheet of the catalogue or the programme not included in the catalogue in addition to the cost of the registration price or the individual administration costs, will be debited. In the case of pre-established groups, such sums shall be agreed from time to time.

8. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
In the event in which, before departure, the organiser communicates in writing his own inability to provide one or more of the services contained in the tourist package, proposing an alternative solution, the customer can exercise the right either to receive a refund of the sum already paid, or to take up the offer of a substitute tourist package (in the senses of paragraphs 2 and 3 of the preceding article 7). The consumer can exercise the above rights also when the cancellation results from the failure to reach the minimum number outlined in the catalogue or in the programme not in the catalogue, or in cases of force majeure and unforeseeable circumstances, relating to the purchased tourist package.
For cancellations other than those caused by force majeure, unforeseeable events or the failure to reach the minimum number of participants, as well as those not due to the customer’s failure to accept the alternative tourist package offered, the organiser who cancels (in accordance with Art. 1469 bis no. 5 of the Civil Code), must reimburse the customer double the amount paid by the customer and collected by the organiser, through the travel agent. The reimbursed amount may never be greater than double the amount the customer may owe at the same date, in accordance with the provision of the the aforementioned article 7, paragraph 4 in the case where the customer cancels.

9. MODIFICATIONS AFTER DEPARTURE
Should the organiser, after departure, be unable to provide for whatever reason, excluding a personal problem of the customer, an essential part of the services envisaged in the contract, he must provide alternative solutions, without additional costs to the contracting party and if the services provided are of an inferior value with respect to those contracted, reimbursement equal to the difference must be made. If no other alternative solutions are possible, or if the solution proposed by the organiser is refused by the customer for genuine and just cause, the organiser shall provide, at no additional charge, a means of transport equivalent to that originally envisioned for return to the location of departure or to a different location which may be agreed upon, in accordance with the availability of the given means of transport and the available spaces, and shall reimburse the difference in cost of the contracted services and that of the services performed up to the moment of early return of the customer.

10. SUBSTITUTIONS
The withdrawing customer may be substituted by another person provided that: the organiser is informed of the substitution in writing at least 5 working days before the scheduled departure date, being informed at the same time of the particulars of the substitute; the substitute satisfies all the conditions for the use of the service (in accordance with art. 10 of Legislative Decree 111/95) and in particular the requirements relating to passport, visas and to health certificates; the incoming person must reimburse the organiser for all additional expenses incurred in processing the substitution, in the amount quantified prior to the assignment.
The assignor and the assignee are jointly and severally responsible for the payment of the balance of the price as well as the amounts indicated in paragraph 3 of the present article. In relation to some types of services, it can occur that a third-party supplier of services does not accept the change of name of the assignee, even if carried out within the terms mentioned in previously in paragraph 1. The organiser shall not therefore be held responsible for the refusal of a third party service provider to accept the modification, Such refusal will be communicated in a timely manner by the the organiser to the parties concerned before departure.

11. OBLIGATIONS OF THE PARTICIPANTS
The participants must be in possession of an individual passport or other document valid for all the countries involved in the itinerary, as well as short-stay and travel visas and any health certificates which may be requested. Consumers should also adhere to the rules of normal prudence, diligence and respect and to the specific rules in force in the destination countries of the travel, and remain in observation of all the information provided to them by the organiser, as well as regulations and administrative or legislative provisions relating to the package. Participants will be liable for any damage which the organiser suffers as a result of their noncompliance with the obligations set out above. The consumer is required to provide the organiser with all documents, information and facts in his possession relevant to the exercise of his right of subrogation against third parties responsible for the damage and he is also responsible towards the organiser for the prejudice caused to the right of subrogation. The consumer will also communicate in writing to the organiser, at the time of booking, the details of any personal requests that may form part of the specific agreements on the travel arrangements, provided that it is possible to implement them.

12. CLASSIFICATIONS OF ACCOMODATION
The official classification of the accommodation facilities is provided in the catalogue or in other informative material solely on the basis of the explicit and formal indications of the competent authorities of the country where the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the countries, including member states of the EU, to which the service refers, the organiser reserves the right to provide a description of the accommodation in the catalogue or tourist brochure, so as to permit an evaluation and consequent acceptance of the same by the customer.

13. LIABILITY REGIME
The organiser is responsible for damages caused to the customer due total or partial failure to perform the contractually agreed services, whether provided personally by the organiser or by third party service providers, unless it can be proven that the event was caused by the customer (including initiatives taken independently by the customer in the course of the tourist services) or by circumstances unrelated to the services provided in the contract, unforeseen circumstances, force majeure or circumstances that the organiser could not, in accordance with professional diligence, reasonably foresee or resolve. The seller with whom the booking of the tourist package was made is not in any case responsible for obligations arising from the organisation of the trip, but is exclusively responsible for the obligations arising from his role as intermediary and in any case within the limits of said responsibility provided by the aforementioned laws or conventions.

14. LIMITS OF COMPENSATION
The compensation owed by the organiser for damages to the person can not in any case exceed the compensatory indemnities provided for by the international conventions with reference to services whose nonfulfillment has established liability for said damages: and precisely, the Warsaw Convention of 1929 on international air transport in the text amended at The Hague in 1955; the Bern Convention (CIV) on rail transport; the Brussels Convention of 1970 (CCV) on travel contracts for each circumstance of liability of the organiser. In any case, the limit of the compensation may not exceed the sum of 2,000 Germinal gold Francs for damages to articles provided for by article 13 no. 2 CCV and the sum of 5,000 Germinal gold Francs for any other damage and for those established by article 1783 of Civil Code

15. OBLIGATION TO PROVIDE ASSISTANCE
The organiser must provide the customer with assistance in the measure required by the criteria of professional diligence, exclusively in reference to the obligations he/she is responsible for under law or by contract. The organiser and the seller are exempt from their respective responsibilities (art. 13 and 14), when the failed or inexact execution of the contract is attributable to the customer or is dependent on an unforeseeable or unavoidable outside event, or in the case of fortuitous events or force majeure.
16. CLAIMS AND COMPLAINTS
The customer must report any fault in the execution of the contract so that the organiser, his/her local representative or guide can resolve the issue in good time. The customer can also lodge a complaint in writing by registered mail, with acknowledgement of receipt, to the organiser or seller, within and no later than ten working days from the date of return to the place of departure.

17. GUARANTEE FUND
The General Direction for Tourism of the Ministry of Productive Activity has instituted the Guarantee Fund to which the customer can turn (in the senses of art. 21 of Legislative Decree 111/95), in case of insolvency or declared bankruptcy of the seller or organiser for the protection of the following requirements: reimbursement of the price paid; repatriation in case of trips to foreign countries. The fund must also provide immediate economic resources in case of forced return of tourists from non-European countries during emergencies whether or not attributable to the organiser’s behaviour. The course of action of the Fund are established by the decree of the President of the Council of Ministers of 23/07/99, no. 348 G.U. no. 249 of 12/10/1999 (in the senses of art. 21 no. 5 of Legislative Decree No. 111/95).
ADDENDUM
GENERAL CONDITIONS OF SALES CONTRACT OF INDIVIDUAL TOURIST SERVICES
REGULATORY PROVISIONS: contracts covering the supply of only the transport service, the stay or any other separate tourist service, not being able to present themselves as a contractual case of organization of a travel or a tourist package, are governed by the following provisions of the CCV: article 1, no. 3 and no. 6; articles 17 to 23; articles 24 to 31 with regard to provisions different from those relating to the contract of organization as well as from other agreements specifically related to the sale of a single service which is the subject of the contract.
TERMS AND CONDITIONS: these contracts are also subject to the following clauses of general terms and conditions of sale of tourist packages mentioned above: article 4 paragraph 1; art. 5, art. 7; art. 8; art. 9; art. 10 paragraph 1; art. 11; art. 15; art. 17. The application of such clauses in no way determines the configuration of such contracts as a tourist package. The terms of these clauses relating to the tourist package (organiser, travel, etc) must be interpreted with reference to the corresponding figures of the contract of sale of the individual tourist services (seller, stay, etc.). Information pursuant to the law. Obligatory communication in the senses of art. 16 of law 269/98.
Italian law punishes with imprisonment offenses relating to child pornography and prostitution, even if committed abroad. Respect for children knows no borders.
PRIVACY: please be advised that all personal data will be processed in full respect of law 675/1996 and that the processing of personal data is aimed at the fulfilment on the part of the Society of the services included in the tourist package. Personal data will in any case not be transmitted to third parties and may at any time be deleted at the request of the consumer.

 

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