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The Regulations
- 1)Premised.
The Contract is intended regulated , a part from the present General Conditions, also from the clauses indicated in the Travel Documents delivered to the Retailer / Consumer. The above mentioned Contract will also be disciplined by the laws and dispositions in force in the Country where the services are provided . Travel Partner B2B has in every Country the double function of marketing and collection of the correspondent income from the Agency Retailer / Retailer / Consumer in name and on behalf of the Supplier of the services (Receptive Agency of the select Nation). Therefore Travel Partner B2B doesn't have any operational responsibility because just connects , through its Portal www.travelpartnersB2B.com and its database TourSoft for the business On Line, the Tourist Service Supplier (Receptive Agency of the select Nation) with the Agency Retailer which has technically and legally operated the booking in name and on behalf of the Consumer .
- 2) Booking
The acceptance of the bookings is subordinate to the availability of the places and it is considered completed , with consequent conclusion of the contract, only after the written confirmation from the Supplier. The Travel Agency retailer should issue to the Consumer copy of the Contract just if already in possession of the confirmation of which to the precedent paragraph. It is settled that the Travel Agency retailer has, towards the Supplier, the juridical dress of middleman, acquiring rights and exclusively assuming obligations as its client's mandatary agent. The indications related to the tourist services not contained in the Contract document , in the Sites On Line related or in other media of communication , will be provided by the Supplier, in convenient time before the beginning of the trip.
- 3) Modifications of the Service / Prices
The prices indicated in the Contract can be modified up to 20 days before the date fixed for the departure and only following changes of: - costs of transportation , included the cost of the fuel; - rights and taxes on some typologies of tourist services such as tourist taxes , fees and landing taxes, harbours airports disembarkation or embarkation taxes; - currency exchange rates applied to the tourist package in matter. For such variations it will make reference to the course of the applied changes and the cost of the services in force at the date of the booking of the services. They could suffer then variations that will involve the revision of the quota of participation . If , before the departure , the Supplier is forced to modify in a significant way an essential element of the contract , including the price, he is obliged to give immediate communication to the Retailer / Consumer. To such ends it is considered a significant change an increase of the price higher then 10% , or whatever variation on elements considered as fundamental to the goals of the fruition of the considered tourist packet altogether. The Retailer / Consumer that receives a communication of the changing of an essential element or the 10% increase of the price will have the faculty to recede from the contract, without corresponding any penalty, or to accept the change, that will become part of the contract with the exact individualization of the variations and the incidence of the same on the price. The Retailer / Consumer will have to give communication of his/her own decision to the Supplier within 2 working days from when has come to knowledge of the change, that otherwise it is considered approved. If the Supplier after the departure cannot provide an essential part of the services listed in the contract , it will have the obligation to predispose alternative solutions, without supplements of price for the Retailer / Consumer and ; if the above mentioned services provided are of inferior value in comparison to those anticipated , the Supplier has the obligation to indemnify the Retailer/Consumer in measure equal to such difference. On the other hand the modification made from the Retailer / Consumer to the already approved program will be accepted by the Supplier only if can be satisfied. In any case the Retailer / Consumer will be charged by the Supplier of the expenses sustained . None of the parts will be responsible of the missed respect of the contractual obligations in Case of Mayor Force . Are considered Case of Mayor Force all the events occurred after the definition of the Contract, that prevents its realization or its completion with extraordinary or unpredictable character and independent from the wish of the parts.
- 4) Recess of the Retailer / Consumer
The Retailer / Consumer can recede from the Contract, without corresponding any penalty , only when the change of an essential element is communicated him to the senses of the preceding art. 3, in which case , if accepts the recess , has the right in alternative of another tourist service or to be refunded of the part of the price already corresponded before the recess. The tourist service which the Retailer / Consumer decides to joint as refund , it wiould be of a non inferior value compared to the originally choosen one . If the Supplier or the Seller are not able to suggest a service of equivalent or superior amount, the Retailer / Consumer has the right to be refunded of the difference. To the Retailer / Consumer that recedes from the contract, for different cases from those mentioned in the preceding commis of the present article will be charged , as correspondent for the recess, of the followings amounts : no penalty up to 30 days before the departure 10% up to 15 days before the departure 30% up to 7 days before the departure 50% up to 48 hours before the departure 80% within the 48 hours before or No show All the penalties are reduced to the half if the Retailer / Consumer , contemporarily to the cancellation , suggests an alternative departure date that the Supplier is then able to confirm . In all cases any reimbursement will be granted to those who quit during the carrying out of the trip.
- 5) Substitutions
The Client renouncer can be replaced from an aother person always if : a) the Supplier is informed with written communication within 4 working days before the date fixed for the departure and contextually receives the generalities of the substitute ; b) the substitute doesn't have any problems with the passport validity , visas, sanitary certificates, hotel accommodation , services of transport or whatever could make impossible the joining of the tourist package ; c) the subject incoming refounds the Supplier of all the expenses sustained for proceeding to the substitution in the measure that will be quantified him at the moment of the confirmation of the substitution . Therefore the substitute will be firmly responsible with the Supplier for the payment of the sale of the price as well as of the amounts of which to the letter c) of the present article
- 6) Cancellation of the Service
The Retailer / Consumer can practice the rights seen before in the preceding art. 4, also in the case in which before the departure the Supplier, for any reason except a fact proper of the Retailer / Consumer, communicates the impossibility to provide the services object of the packet. The Supplier can cancel the Contract in case has not been reached the minimum number of participants, always if informs the Client in the terms established in the Contract . In such case, as for the cases of recess of which to the preceding art. 4, the Supplier will be obliged just to the reimbursement of the sums perceived within 7 working days by the moment of the recess or the cancellation, excluded every further disbursement
- 7) Obligations of the Participants
The participants must be provided of individual passport or of other valid document for all the foreign countries included the itinerary, as well as of the visas of permanence and transit and of the sanitary certificates eventually requested . Besides they will have to follow the observance of the rules of normal prudence and diligence, the information provided by the Supplier as well as the rules and the administrative or legislative dispositions related to the tourist packet. The participants will be requested to answer for all the damages that the Supplier should suffer because of their non-observance of the above mentioned obligations. The Retailer / Consumer has the obligation to provide all the documents, the information and the elements in his possession to the Supplier useful for the exercise his right on a third persons responsible of the damage and will be responsible toward the Supplier of the prejudice brought to the right of substitution. The Retailer / Consumer will also give written communicate to the Supplier, at the moment of the booking, of those details and special requests that would eventually form part of specific agreements of the trip, always if the realization will results possible .
- 8) Hotel Classification
The hotel accommodation , in absence of official classifications recognized by the competent Public Authorities of the countries members of the EEC which the relative service refers, it is established by the Supplier on the base of its own criterions of evaluation of the standards of quality.
- 9) Responsibility of the Supplier
The Supplier responds over the damages occurred to the Retailer / Consumer caused by the total or partial non-observance of the services contractually owed , when the same are directly provided by the Supplier ; if the total or partial non-observance of the services depends on imputable fact to third persons , the Supplier will eventually respond in the case it has not provided to set up what necessary, where possible, to make up for the non-observance of the third pats themselves , also as suppliers of services. The Supplier won't respond for any damages consequential from actions of the Retailer / Consumer ( including initiatives autonomously assumed by this one during the time of the tourist services), from extraneous facts to the supply of the anticipated performances in contract, from accidental case or from mayor force , or from situations and circumstances that the same Supplier was not able, according to the ordinary professional diligence, reasonably to foresee or to resolve.
- 10) Limits of Reimbursement
The reimbursement owed by the Supplier will not be in any case superior to the reimbursement indemnities established by the international conventions in reference to the performances whose non-observance has determined the responsibility of it, both contractual and extra-contractual title.
- 11) Obligation of assistance
The Supplier is obliged to provide the assistance to the Retailer / Consumer exclusively imposed by the criterion of professional diligence in reference to the obligations established by the law or the contract . The Supplier is not responsible towards the Retailer / Consumer for the non-observance from the Seller / Retailer of the obligations of this one.
- 12) Claims and Reports
The Retailer / Consumer has to present the claims about all differences and vices of the tourist package in the place and during the execution of the contracted services , with the purpose to allow the Supplier to perform to the Retailer / Consumer the necessary assistance and to look for a prompt and equal solution to the above-mentioned differences or vices, once verified . If the Retailer / Consumer find himself in the impossibility to directly present the claims during the time and in the place of the performance of the tourist services, it will have the obligation , penalty the decadence, to send to the Supplier a written report through return-receipt letter , within and not over the term of ten days from the date of return to the place of departure, or from the end of the services , informing the claims , the vices and the differences of the tourist packet, as well as the non-observance in the organization or in the realization of the services anticipated in contract. The Supplier hocks himself , however, to guarantee a prompt answer to the claim of the Retailer / Consumer.
- 13) Insurance against the expenses of annulment a/o integrations
If not expressly included in the price, before the departure it is possible, rather advisable, to stipulate at the Supplier offices or the Retailers offices a special policies for the annulment of the package as well as integrations to the coverage eventually foreseen by the law of the country where the reservation will take place .
- 14) Forum of competence / compromissory clause
For every controversy depending from the present contracted it will be competent exclusively the Forum of the Nation where the Receptive Agency providing the Services has its legal office . Previous consent in written form of both the counterparts, can be agreed that the controversies diverted by the application, interpretation and execution of the present contracted are devolved to three arbiters, of which two named by the contracting parts and the third one, that will preside the Arbitration College, from the Court where the Receptive Agency provider of the Services has its legal office . The nomination of the arbiters will have to happen in the ways, in the terms and with the formalities foreseen by the law of the Nation where the competent Forum has its office . The counterparts, assisted by their own defenders, will have to follow the rules established by the Arbitration College for the carrying out of the judgment . The Arbitration College will have to pronounce the I praise within and not over the one hundred and first day from the nomination of the President third arbiter. of the is It is expressly excluded the pronunciation praise according to equity. .
- 15) Treatment of the personal informations
All personal informations will be treated in the full respect of the dispositions of the existing policy of the Supplier and the Retailer countries. The treatment of the same is directed to the accomplishment from the Supplier of the performances that form object of the tourist package. The personal informations , can be cancelled in every moment upon request of the Retailer / Consumer. We advise that the law of many countries punishes with imprisonment all those crimes inherent with juvenile prostitution and pornography, even if committed in foreign countries. .
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