GENERAL CONDITIONS OF TOURIST PACKAGES SALES CONTRACT

1. FOREWORD. DEFINITION OF TOURIST PACKAGE. Given that:

a)  legislative decree N° 111 of 17.3.95 implementing EC Directive 90/314 prescribes that, for the consumer’s protection, the organiser and seller of a tourist package to whom the consumer applies must be in possession of administrative authorisation for practising their activities (Art. 3/1 lett. A leg. dec. 111/95);

b) the consumer has the right to receive a copy of the tourist package sales contract (in accordance with Art. 6 of leg. dec. 111/95) which is an indispensable document for any access to the Warranty Fund as per Art. 18 of these General Conditions.

The definition of “tourist package” (Art. 2/1 legislative decree 111/95) is the following:

Tourist packages shall be intended as trips, holidays, or “all inclusive” tours resulting from a combination of at least two of the items detailed below, sold or offered at a lump sum and having a duration longer than 24 hours, more specifically, extending over a period of time including at least one night: a) transport, b) lodging, c) tourist services not accessory to transport or accommodation (omissis) ….. representing a significant part of the “tourist package”.

2. LEGISLATIVE SOURCES. The tourist package sales-purchase contract is governed by the Law N° 1084 of 27/12/1977, as well as by the Legislative Decree 111/95 . The supplying of other services wil be regulated according to the regulations of the field: transport by air, by bus, by sea, by train, etc.

3. BOOKINGS. Booking applications must be drawn up on the special contractual form, electronically where possible, filled in fully and signed by the customer who will receive a copy thereof. Acceptance of the booking is considered executed, with consequent conclusion of the contract, only when GUIDARELLO Agenzia Viaggi e Turismo sends appropriate confirmation to the customer, including by telecoms.

Information on the tourist package not contained in the contractual documents, brochures or other written communications shall be supplied by GUIDARELLO Agenzia Viaggi e Turismo in correct fulfilment of its obligations as per Leg. Dec. 111/95 in good time before the start of the trip.

4. PAYMENTS. At the moment of booking the customer must pay an advance of 25% of the overall cost of the tourist package. The balance must be paid at least 30 days before departure. For bookings made within 30 days prior to the date of departure, at the moment of subscription the entire cost of participation shall be paid up. Failure to pay the above sums within the established deadlines shall constitute an express cancellation clause such as to give GUIDARELLO Agenzia Viaggi e Turismo the legal right to cancel the contract. Payments are to be effected by Money Order on the Postal Current Account Nr. 11675485, made out to Giorgio La Pira s.c. a r.l. (Guidarello Agenzia Viaggi e Turismo), I-48100 Ravenna, via di Roma 63, writing as reason for payment the requested service. Subsequently fax a copy of the postal money order that is valid for accounting purposes.

5. PRICE. The price of the tourist package is determined in the contract with reference to what is indicated in the catalogue or non-catalogued programme and any subsequent updating of the catalogues or non-catalogued programmes. It may be modified up to 20 days prior to departure only as a result of changes:

- in the cost of transport, including cost of fuel;

- duties and taxes applicable to certain tourist services: such as duties, landing charges, disembarking or embarking charges in ports and airports;

- rate of exchange applicable to the package addressed.

For these variations reference is made to the above exchange trend and the costs in force at the date of publication of the programme as shown in the technical schedule of the catalogue, or at the date of any updates as above. Fluctuations will affect the lump sum price of the tourist package at the percentage expressly indicated in the technical schedule of the respective price lists.

6. WITHDRAWAL BY THE CONSUMER. The consumer may withdraw from the contract without paying penalties in the following cases:

- price increase as per Art. 5 above in excess of 10%;

- significant modification of one or more elements of the contract objectively configurable as fundamental with view to the tourist package considered overall and proposed by GUIDARELLO Agenzia Viaggi e Turismo after conclusion of the contract but before departure and not accepted by the consumer. In cases such as the above, the consumer has alternatively the right:

- to take advantage of an alternative tourist package, without price increase or with the return of any excess price where the second tourist package is cheaper than the first;

- to reimbursement of only the part of price already paid. This reimbursement must be carried out within seven working days from receipt of the request for reimbursement.

The consumer must communicate his decision (to accept the modification or withdraw) within two working days from receipt of the advice of increase or modification, in case the above communication is not sent within the deadline, the proposal formulated by GUIDARELLO Agenzia Viaggi e Turismo shall be understood as being accepted. Withdrawal from the trip on the consumer’s part shall give the right to reimbursement of the sum paid, net of the penalties indicated below, to be calculated on the full sum of the total price:

10% of the total price up to 30 days prior to departure;

25% of the total price from 29 to 21 days prior to departure;

50% of the total price from 20 to 11 days prior to departure;

75% of the total price from 10 to 3 days prior to departure.

7. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE

Should GUIDARELLO Agenzia Viaggi e Turismo, before departure, communicate in writing that it cannot supply one or more of the services concerning the tourist package, proposing an alternative solution, the consumer may alternatively exercise his right to recover the sum already paid or take advantage of the offer of a replacement package (in accordance with the 2nd and 3rd sub-paragraphs of Art. 6 above).

8. MODIFICATIONS AFTER DEPARTURE. Should GUIDARELLO Agenzia Viaggi e Turismo after departure be unable to supply, for whatever reason, excepting reasons attributable to the consumer, an essential part of the services envisaged in the contract, it must supply alternative solutions without increased prices for the contracting party, and should the services supplied be inferior in value to those envisaged it must reimburse the contracting party to the extent of this difference.

9. REPLACEMENTS. A customer withdrawing can have himself replaced by another person as long as:

a) GUIDARELLO Agenzia Viaggi e Turismo is informed of it in writing at least 4 working days before the date fixed for departure, receiving at the same time communication of the personal details of the transferee;

b) the substitute satisfies all the conditions for use of the service;

c) the substitute shall reimburse GUIDARELLO Agenzia Viaggi e Turismo for all expenses sustained in proceeding with the substitution to the extent quantified thereto prior to the transfer. The transferor and transferee are also jointly responsible for payment of the balance of the price as well as the sums as per letter c) of this article. With regard to certain types of services it may happen that a third party supplier of services does not accept modification of the name of the transferee even if carried out by the deadline as per point a) above. So GUIDARELLO Agenzia Viaggi e Turismo shall not be responsible for any non-acceptance of modification by third party suppliers of services. Any such non-acceptance shall be promptly communicated by the organiser to the parties involved prior to departure.

10. PARTICIPANTS’ OBLIGATIONS. The participants must have individual passports or other documents valid for all the countries on the itinerary as well as visas and transit visas and health certificates where required. They must also observe rules of normal prudence and diligence and the specific rules in force in the countries of destination, as well as follow all the information given by GUIDARELLO Agenzia Viaggi e Turismo and the administrative or legislative provisions concerning the tourist package. Participants shall be called upon to answer for any damages sustained by GUIDARELLO Agenzia Viaggi e Turismo due to their failure to fulfil the obligations described above.

The consumer must supply GUIDARELLO Agenzia Viaggi e Turismo with all the documents, information and elements in the former’s possession useful for exercising the latter’s right of subrogation with regard to third parties responsible for damage and is accountable to GUIDARELLO Agenzia Viaggi e Turismo for prejudice to the right of subrogation. The consumer shall further communicate to GUIDARELLO Agenzia Viaggi e Turismo in writing, at the moment of booking, special personal requirements that may be the subject of specific agreements regarding the methods of the trip, as long as the implementation thereof is possible.

11. HOTEL CLASSIFICATION. The official classification of hotel accommodation is supplied in the catalogue or in other informative material only on the basis of express and formal information given by the competent authorities in the regions where the service is carried out.

12. RESPONSIBILITY. GUIDARELLO Agenzia Viaggi e Turismo is responsible for damage sustained by the consumer due to total or partial non-fulfilment of the due contractual services be they carried out personally or by third party suppliers of services, unless it is demonstrated that the event was caused by the consumer (including initiatives taken autonomously by the latter during execution of the tourist services) or by circumstances extraneous to the supply of the services envisaged by the contract, by fortuitousness, by force majeure or by circumstances which GUIDARELLO Agenzia Viaggi e Turismo in accordance with professional diligence could not reasonably foresee or resolve.

13. OBLIGATION TO ASSIST.  GUIDARELLO Agenzia Viaggi e Turismo must offer the consumer those measures of assistance prescribed by the criterion of professional diligence exclusively with reference to the former’s legal or contractual obligations. GUIDARELLO Agenzia Viaggi e Turismo is exonerated from its responsibilities (Arts 13 and 14) when the imprecise execution or non-execution of the contract is imputable to the consumer or is due to a third party and of an unforeseeable or unavoidable nature, which is to say due to fortuitousness or force majeure.

14. COMPLAINTS AND REPORTS. The consumer shall give formal notice of any failure in the execution of the contract without delay so that GUIDARELLO Agenzia Viaggi e Turismo, its local representative or the tour leader can promptly remedy the situation. The consumer may likewise make a complaint by sending a registered letter with advice of receipt to GUIDARELLO Agenzia Viaggi e Turismo no later than ten working days from the date of return to the place of departure .

17. WARRANTY FUND. Established at the General Management for Tourism of the Ministry of Productive Activities, the National Warranty Fund can be applied to by the consumer (in accordance with  Art. 21 Leg. Dec. 111/95) in the case of the insolvency or declared bankruptcy of GUIDARELLO Agenzia Viaggi e Turismo for safeguarding of the reimbursement of the price paid;

The Fund intervention methods were established by Decree of the President of the Council of Ministers N° 349 of 23/07/99 (Official Bulletin N° 249 of 12/10/1999) (in accordance with Art. 21 N°5 Leg. Dec. N° 111/95).

ADDENDUM GENERAL SALES CONTRACT CONDITIONS OF INDIVIDUAL TOURIST SERVICES

A) REGULATORY PROVISIONS. Contracts dealing with only the offer of accommodation, that is to say with any other separate tourist service whatsoever, since they cannot configure as the contractual case in point of trip organisation or tourist package, are regulated by the following provisions of the CCV: Art. 1, N° 3 and N° 6; Arts. 17 to 23; Arts 24 to 31, with regard to prescriptions different from those relating to the organisation contract as well as from other agreements specifically referring to the sale of the individual service that is the subject of the contract.

B) CONTRACT CONDITIONS. The following clauses of the general conditions of tourist packages sales contract as above are also applicable to such contracts: Art. 4 1st sub-paragraph; Art. 5; Art. 7; Art. 8; Art. 9; Art. 10 1st sub-paragraph; Art. 11; Art. 15; Art. 17. The application of these clauses does not determine absolutely the configuration of the related contracts as the case in point of tourist package. The terminology of the cited clauses regarding the tourist package contract (organiser, trip etc.) should therefore be understood with reference to the corresponding parties of the sales contract of individual tourist services (seller, accommodation etc).

Privacy. It is pointed out that all personal data is handled in full respect of the provisions of Law 675/1996 and that handling of personal data is aimed at the Company’s carrying out its services in the context of the tourist package. In any case, personal data will not be transmitted to third parties and may be cancelled at any moment at the consumer’s request.

These conditions are applicable to packages and price lists of the Catalogue “Environmental, Cultural and School Trip Itineraries”.