Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE SALE OF TOUR PACKAGES

1) PREMISE. THE CONCEPT OF TOUR PACKAGE

Whereas,

a)      Legislative decree n.111 of 17/3/95 implementing Directive 90/314/CE establishes,  for the protection of the consumer,  that the organizer and seller of the tour package addressed by the consumer,  shall have the administrative authorization to carry out their activity (article. 3/1, a,  legislative. decree 111/95).

b)      The consumer  is entitled to a copy of the tour package sales contract (in compliance with article 6, legislative. decree 111/95), which is the document indispensable for eventual access  to the Guarantee Fund as per article 18 of the present General Terms and Conditions.

The concept of “tour package”(art. 2/1 legislative decree 111/95) is defined as follows: Tour packages have as their purpose travel,  holidays and “all inclusive” circuits resulting from the pre-established combination of at least two of the elements indicated hereunder, sold and offered at a lump sum, having a duration of more  than 24 hours, extending for a period of time including at least one night:

a)      transportation

b)      accommodation

c)      tourist services not connected with transportation or accommodation (omissis)…which constitute a significant part of the “tour package”.

2) LEGISLATIVE SOURCES

The sales contract of the tour package is regulated, besides the present General Terms, by the clauses indicated in the travel documents received by the consumer.

Said contract, having as its purpose services to be supplied either within the national territory or abroad, shall be moreover regulated by the provisions – as applicable – of  Law n. 1084 of  27/12/1977 ratified  and  implemented by the International Convention relative to travel contracts (CCV) signed in Brussels, 23/4/1970,  as well as by the abovementioned Legislative decree n. 111/95.

3) RESERVATIONS

Acceptance of reservations by Profi Tour T.O. is subject to availability. Reservations will be considered final following confirmation by Profi Tour T.O., even via e-mail or fax, to the client at the seller travel agency.

Indications relative to the tour package not contained in the contract documents,  brochures or other forms of written communication, will be supplied in time  by Profi Tour T.O. prior to the initial  starting date in compliance with its duties as envisaged by Legislative . decree n. 111/95.

4) PAYMENT

Upon booking, a registration fee and a deposit of 25% of the total amount is required. Full payment is due 60 days prior to departure. For reservations made within 60 days of departure, full payment is due upon booking. Lack of payment of the abovementioned sums on the dates established constitutes grounds for cancellation of reservations such as to determine, on the part of the intermediary agency and/or Profi Tour T.O., the right to terminate the contract.

5) TRANSFER OF CONTRACT

The client renouncing the contract may be substituted by another person provided that:

a)   Profi Tour T.O. be given written notice at least 4 weekdays prior to the date of departure, together with the necessary  personal data of the transferee;

b)  The transferee be able to satisfy all the conditions for the fruition of the service ( ex article 10 of Legislative decree n.111/95) and in particular the requisites relative to passports, visas, health certificates;

c)  The transferee refund Profi Tour T.O. for all expenses incurred for the transfer of the contract for the sum specified before the transfer.

Moreover, the transferor and the transferee are both accountable for the payment in full of the tour package price as well as for the sum as per item (c) of the present article.

As far as certain types of services are concerned, third party  suppliers have the right to refuse the substitution of the transferee, even if effected within the time limit specified as per item (a) of the present article. Profi TourT.O. will therefore not be held responsible for the eventual non-acceptance of the substitution on behalf of third parties. This non-acceptance shall be notified in good time by Profi Tour T.O. to the parties involved before departure.

6) WITHDRAWAL

In the event of withdrawing from the tour package contract, the client is, in any case,  liable for the payment of the tour package price. If withdrawal takes place for reasons beyond those envisaged in article 7 of the present General Terms, the client shall pay, in compliance with ex article 1373, paragraph III,  Italian Civil Code, cancellation penalties as specified below:

o       10% of the tour package price within 30 days prior to departure

o       30% of the tour package price from 29 to 18 days prior to departure

o       50% of the tour package price from 17 to 10 days prior to departure

o       75% of the tour package price from 9 to 3 weekdays prior to departure

o       100% of the tour package price beyond these terms.

7) WITHDRAWAL OF CLIENT WITHOUT PENALTY

The client may withdraw from the contract, without incurring any penalty, in the following circumstances:

-         an increase in price as per article 15  superior to 10%;

-         a significant change of one or more elements of the contract which can be objectively considered as fundamental for the fruition of the tour package in its entirety and proposed by Profi Tour T.O. after the conclusion of the contract itself but prior to departure and not accepted by the client.

In the abovementioned circumstances, the client is entitled to the following options:

-         the fruition of an alternative tour package, with no increase in price or with the restitution of the excess in price, if the second tour package costs less than the first;

-         the restitution of any sum corresponded as  partial payment. Said restitution must be made within seven weekdays from receiving the request for reimbursement.

The client must communicate the decision (to accept the change or to withdraw) within two weekdays from receiving notice of the price increase or change. In the absence of specific notice within the said term, the proposal made by Profi Tour T.O. will be considered accepted. The client who decides to withdraw from the contract before departure for circumstances beyond those listed above shall pay, after deducting the account paid as per article 4,  the penalty indicated in the specifications of the Catalogue or Programs not included in the Catalogue (in addition to individual processing costs). In case of pre-constituted groups, such sums will be agreed upon from time to time upon signing the contract.

8) CARRIERS

The responsibility of the carriers vis-à-vis clients is limited solely to the duration of transportation via the means provided, in compliance with that envisaged in their terms and conditions of transportation.

The programs are published at the sole responsibility of the tour organizer.

For variations relative to the date and/or to the airport of departure limited to airline flights,  provisions envisaged by  EEC regulation n. 295 of  4 February 1991 are applicable.

9) TOUR VARIATIONS

Variations to the tour, requested by the client,  after the confirmation of booking,  involve processing expenses for Profi Tour T.O. and at times penalties charged by suppliers. Therefore, the payment of a fixed sum of € 50 per contract  is required  for  expenses due to  variations relative to airport of departure, hotel accommodations, duration of stay, change of departure date. Variations of destination are considered equivalent to client’s withdrawal and are as such subject to the payment of penalties as envisaged in article 6. Partial withdrawal of some of the travellers under the same contract and the resulting decrease in  number of tour members  is to be considered partial cancellation and is consequently regulated as stated in article 6.

10) LIMITS OF LIABILITY

Profi Tour T.O. will be liable for damage to the client due to total or partial breach of the stated contractual obligations, either effected personally or by third party suppliers of services, unless it is proved  that the event  was occasioned by the  client (including the client’s autonomous initiatives taken in the course of execution of the tour services) or by circumstances extraneous to the fruition of the services envisaged in the contract, fortuitous events, acts of God or “force majeur” , that is by circumstances that Profi Tour T.O. could not have, with all due  professional care, reasonably foreseen or solved. The seller addressed by the client for the reservation of the  tour package is in no case accountable for any obligation originating from the organization of the tour, liability being limited exclusively to the obligations originating from the seller’s role as intermediary and in any case within the limits for this liability envisaged by the laws or conventions abovementioned.

11) LIMITS OF COMPENSATION FOR DAMAGES

Compensation refundable by Profi Tour T.O. for damages to the client shall in no case be superior to the indemnity foreseen by the international conventions relative to the services whose improper or failed execution determined liability; for every possible liability attributable to Profi Tour T.O.,    specifically, the Warsaw Convention of 1929 on international airline transportation, as modified in The Hague in 1955; the Bern Convention (CIV) on railway transportation; the Brussels Convention of  1970 (CCV) on the tour contract.  In any case the limit of liability shall not exceed the sum of “2,000 Francs  Germinal for damage to things” foreseen by article 13 n°2 CCV and 5,000 gold Francs Germinal for any other damage and for that foreseen by article 1783 of the Italian Civil Code.

12) AMENDMENTS TO THE  CONTRACT TERMS

- Before departure

Should the necessity arise for Profi Tour T.O. to make significant alterations to one or more terms of the tour contract, written notice will be given to the client indicating the type of amendment and the relative variation in price. The client shall communicate the choice made to Profi Tour T.O. within two weekdays of receiving notice. Should the client not accept the change, it will be possible to withdraw from the contract without paying any penalty.

- After departure

When an essential part of the services foreseen by the contract cannot be furnished, Profi Tour T.O. will take it upon itself to provide appropriate alternative solutions at no cost for the client, or to refund the client with the difference between the services foreseen and those furnished. Should it prove impossible to offer an alternative solution or should the client not accept the alternative for a justifiable reason, Profi Tour  T.O. will provide for  means of transportation equivalent to that foreseen, subject to availability of seats, to allow for  the client’s  return to the place of departure or to other agreed  destination.

13) CLASSIFICATION OF HOTELS

Profi Tour T.O. has faithfully transcribed the official classification of the establishments present in the program. In the absence of official classification, the organizer, on the basis of his own evaluation criteria, will fix a classification based on the quality standards of  each individual  hotel.

14) REQUIREMENTS FOR  TRAVELLERS

Travellers must be in possession of individual passports or other documents valid for travel to all the countries included in the itinerary, as well as visas for stay and transit and health certificates which might be eventually requested. Travellers shall, moreover, observe normal standards of  prudent and diligent behaviour  together with  those specifically observed in the countries to be visited, and shall also give due consideration to  all the information furnished by Profi Tour T.O. and the regulations, administrative or legislative provisions relative to the tour package. Travellers will be liable for all damage incurred by Profi Tour T.O. due to travellers’ improper observance or failure to observe the abovementioned requirements. The consumer must provide Profi Tour T.O. with  all the documents, information and elements in his/her possession useful in exercising the right of subrogation of the latter vis-à-vis third parties responsible for the damage. The consumer is accountable to the organizer for any detriment to the right of subrogation. At the time of booking, the consumer shall communicate in writing to Profi Tour T.O. any  particular special request which could be the object of specific agreements on the conditions of the tour, subject to the feasibility of same.

15) COMPLAINTS

Every communication of improper or failed observance of the contractual obligations undersigned must be made without delay so that Profi Tour T.O. can put matters right in good time. The traveller can in any case present a complaint in writing by means of a registered letter with return receipt to be sent within 10 weekdays of the return from the location of departure.

16) VALIDITY OF TOUR PACKAGE PRICES

Tour package prices are calculated on the basis of prevailing exchange rates and the airline tariffs valid at the time of publication of the present brochure. The prices set out in the tour contract shall be subject to variation only as a consequence of variations in the rate of exchange, carrier tariffs and increases in taxes relative to the services foreseen, such as landing, embarkation or disembarkation fees at ports and airports. If the increase in price is greater than 10% of the total price, the traveller may withdraw from the tour contract and claim the right to compensation of all sums paid within 7 weekdays from the date of withdrawal.

No increase in tour package prices is allowed in the days preceding departure.

17) INSURANCE AND GUARANTEE FUND

The President of the Council of Ministers, under Article 21 of Legislative decree n. 111 of 17/03/1995, has established a Guarantee Fund which can be utilized by all travellers in case of bankruptcy or insolvency of the operator for the refunding of the price paid and repatriation in case of travel abroad, as well as providing immediate availability of funds in case of forced repatriation from non-EU member states in emergencies, which may or may not be attributable to the organizer’s action.

18) FORUM

All disputes between us will be governed by Italian law and any action which may arise under, out of, or in connection with, or relation to it, shall be brought only in the courts in the city of Florence.

19) PROGRAM VALIDITY

The program is valid from 01/01/2004 to 31/12/2004.

Obligatory communication according to Article 16 of Law n. 269/98:  Italian law punishes offenders of  crimes relative to prostitution and pornography involving minors with imprisonment, even if said crimes are committed abroad

Navale Assicurazione Spa

All those participating in our tours are covered,  wherever they may be, by NAVALE SOS insurance  which provides for the following:

Assistance

o       access to Europ Assistance services headquarters 24 hours a day

o       medical consultation

o       indication of specialized physicians – and delivery of urgent medication

o       repatriation for reasons of health

o       repatriation of  the deceased

o       extra charges for stay and repatriation of convalescents

o       travel of a family member, earlier return of a traveller

o       interpreter’s services abroad (up to €3,500)

o       legal counsel (advance payments of  bail up to  €32,500)

Medical expenses

o       payment of medical expenses, medication, and hospital costs (up to €3,500 in Italy and €35,000 abroad)

Luggage insurance

o       against theft, robbery, bag-snatching, fire, damage or non-return (up to €3,500)

Refund of tour price

o       following forced interruption of tour due to hospitalization, illness, earlier return, death (pro quota up to €32,500)

Personal public liability

o       for damage involuntarily caused to third parties by the traveller (per event up to €350,000) USA and Canada excluded

Insurance for cancellation penalties (optional and at extra cost)

When booking your tour it is advisable to arrange for insurance coverage of expenses incurred in case of eventual cancellations, by paying a supplement to be quantified according to specific demand and  the options offered by the insurance market.

The details of NAVALE SOS coverage, here described in brief, are found in the special card  included  with the travel documents. The original copies of the contracts/policies deposited in the offices of the contracting party will bear witness to that which is expressly regulated.

Profi Tour Tour Operator Administrative Authorization n. 495 of 30/01/1997, Province of Florence – Public Liability Milano Assicurazioni 0036 100002846

ADDENDUM

GENERAL TERMS AND CONDITIONS FOR THE SALE OF INDIVIDUAL TOUR SERVICES

A) REGULATIONS

Contracts whose purpose is the sole provision of transportation services, or stay, that is, any other separate tour service, which cannot be specifically  represented contractually  as a tour organization, that is as a tour package, are regulated by the following CCV: article 1, n.3 and n.6; articles 17 to 23; articles 24 to 31, for those aspects which differ from those relative to the organization contract as well as the other agreements specifically referred to the sale of the single service which is the object of the contract.

B) CONTRACT CONDITIONS

To said contracts can be applied the following clauses of the general conditions for sale of tour packages abovementioned: article 4, paragraph 1; article 5; article 7; article 8; article 9; article 10, paragraph 1; article 11; article 15; article 17. However, in no case does the application of these clauses  determine the representation of these contracts as tour packages. The terminology utilized in the abovementioned clauses relative to the contract for tour packages ( organizer, tour, etc.) must therefore be intended in reference to the corresponding parties to the sales contract for the sale of individual tour services (seller, stay, etc.).

Be advised of the following information.  Obligatory communication according to Article 16 of Law n. 269/98:  Italian law punishes offenders of  crimes relative to prostitution and pornography involving minors with imprisonment, even if said crimes are committed abroad: respect for the rights of children knows no borders.

Privacy. Be advised that all personal data will be handled in the full respect of the provisions set out in Law n. 675/1996 and that the treatment of personal information by our Company is solely directed at performing the services constituting  the object of the tour package. In any event, personal information will not be transmitted to third parties and can at any time be cancelled upon consumer’s request.