1) INTRODUCTION, NOTIONS OF TOURIST PACKAGE
The Article n.34 D.L.n.79 of the 23/05/2011declares: the tourist packages have as subject journeys, holidays and trips “all inclusive”, which combine two of the following elements: transport, accommodation, tourist services not additional to the transport or accommodation (omissis) and that constitutes an important part of the package. These elements are sold or offer to a package price and with a duration exceeding the 24 hours, or for a period that includes at least one night.
Bookings will be accepted until all available places are filled. Booking is considered valid from the moment of the written confirmation by Napoleon Tour Operator and with the subscription of the “Travel contract” according to the Law 79/2011.
Bookings will be considered valid only if confirmation is immediately followed by a partial prepayment of 25% of the total amount. The balance will be agreed by both parties. The non –payment of the sums above-mentioned, within the established dates, constitutes an express termination clause such as to determine, rightful termination of the contract by Napoleon Tour Operator.
From 01/01/2018 to 31/12/2018.
All the prices are in Euros, are net per person and include taxes and percentages of service but don’t include the tourist taxes, tips, extra and whatever not specified. Prices are expressed according to the exchange rate parity and with rates in effect at the time of printing the catalogue. Anytime the prices can be modified if there are some differences in the exchange rate parity or for increase of the management charges due to increase of raw material, taxes, energy. In the case that the price increase exceed the 10%, the participant will have the right to withdraw the contract without penalties, on condition that give written communication to Napoleon Tour Operator within 48 hours from the receipt of the notice of the increase. The price cannot be modifying twenty days prior the departure date.
6) TOURIST TAX
The regulation above the tourist tax left to the Municipalities the decision of the application, therefore the prices indicated on the catalogue and the offer send don’t include the tourist tax. Where the tourist tax is due, for indication of the Municipality, the tax must be paid directly by the accommodation facilities, extra charge than the agreed price.
7) ACCOMMODATION FACILITIES
Napoleon Tour Operator has accommodation facilities located in all destinations, some in the city centre and some in peripheral location. The classification of the accommodation is in conformity with the law.
If due to force majeure, Napoleon Tour Operator has the right to change the accommodation and/or the locality of stay. The traveller must give written communication to Napoleon Tour Operator about his choice to withdraw or accept the alternative package no later than two days from the receipt of the alternative offer. If the traveller doesn’t accept the change, Napoleon Tour Operator must to give back the sums collected within the seven working days from the moment of the communication by the traveller.
The traveller who can not participate to the booked travel may transfer his booking to another person who satisfies all the conditions required, above all the requirements concerning the passport, visas and health certificate. The transferor has to communicate the transfer to Napoleon Tour Operator with a parcel with advice of delivery or telegram. This parcel or telegram must get to Napoleon Tour Operator within four working days before the departure, and must indicate the details of cessionary. The transferor must refund to Napoleon Tour Operator all expenses incurred for the substitution, in an amount to be quantified before the transfer. In some types of services may be that a third party supplier don’t’ accept the name substitution, and in this case Napoleon Tour Operator is not responsible. The non – acceptance of the supplier must be communicated quickly by Napoleon Tour Operator and before departure. The travellers, transferor and cessionary, are jointly and severally responsible for the payment of the price.
10) WITHDRAW AND CANCELLATION
When the withdraw takes place outside the cases referred to in points five and seven of this contract, the traveller himself must paid the following penalties:
- The 10% of the total amount from the day of the written confirmation by Napoleon Tour Operator till 31 days before the departure;
- The 20% of the total amount from 30 to 23 days before departure
- the 50% of the total amount from 22 to 09 days before departure
- the 75% of the total amount from 08 to 04 days before departure
- the 100% of the total amount for cancellation from 03 days to the day of departure.
This last penalty is valid also when the traveller not come to departure or in the case that the traveller interrupts the travel during the stay.
Napoleon Tour Operator reserves the right to cancel the travel if there is not the minimum number of participants indicated on the catalogue, and must inform the traveller at least 15 days before the departure date.
11) FACULTATIVE INSURANCE
Before the departure it is possible, indeed advisable, to stipulate by Napoleon Tour Operator special insurance policies against the costs arising due to the package cancellation. It is also possible to stipulate a contract for medical and baggage assistance.
In the case of complaints about the services, the traveller must immediately contact Napoleon Tour Operator so that it can verify the inefficiency of the service and have the opportunity to solve them. Traveller can made a written complaint sending a parcel to the organiser or to the supplier, no later than 10 working days after returning in the locality of departure.
The travel contract is regulated by the D.L. n.79 of the 23/05/2011, by the International Convention of Travel Contract (C.C.V.) and by the Tuscany Regional Law n.42 of the 23/03/2000 and n.14 of the 17/01/2005 and by the directive 90/314/CEE. The Napoleon responsibility shall in no case exceeded the limits indicated in the above mentioned laws. Any responsibility can compete to Napoleon Tour Operator for damages caused by: strikes, suspensions or delays due to bad weather conditions, natural disasters, road accidents, lack of water, energy or interruption of communications. These cases, or others similar, can not be attributed to the organiser, or carries, or service providers. Any additional costs paid by the travellers due to these causes, will be not refund, and the performances that, for these causes, can not be used are not recoverable. Organiser, moreover, is not responsible for damages which are due to autonomous initiatives made by the traveller during the travel. The luggage is at the risk of the traveller and Napoleon Tour Operator is not responsible for thefts, loss or damages.
14) DUTY OF ASSISTANCE
The organiser must give assistance to the traveller according to the professional standard of care, exclusively with reference to the obligations bear. The organiser is not responsible, against the traveller, for the failure obligations of the intermediary. The organiser and the seller are not responsible when the failure of the contract is due to the traveller or to another cause unpredictable or inevitable, or an accident or a cause of force majeure.
15) DUTY OF PARTICIPANT
The participant must have the passport or the identity card valid. The participant, who for his negligence, forgets the document and for this is rejected by the authorities, will be considered as renouncer of the travel and will be applied the conditions in the point nine of this regulation. The participants have to follow the rules of prudence and diligence and the rules into force in the countries of destination, all information given by the organiser, and the regulations and administrative or legislative dispositions relative to the tourist package; the traveller will be responsible for all damages that Napoleon Tour Operator will have for the failure of the traveller’s obligations.
16) LIABILITY INSURANCE
To cover risks arising to peoples from the participation to travels, and also to guarantee for the exact execution of the obligations to customers, Napoleon Tour Operator has concluded with the Allianz Global Assistance International SA policy n. 195862 of the 10/04/2014 to follow the dispositions of the article n.86 of the Tuscany Regional Law n.42 of the 23/03/2000 and n.14 of the 17/01/2005. Maximum Coverage, the insurance is valid for refunds as follow:
1) injuries and damages
- maximum for every accident: Euros 1.549.379,00
- with the limit for every person, for injury suffered: Euros 516.457,00
- with the limit for damage: Euros 258.229,00 for every accident and Euros 15.494,00 for every person.
2) patrimonial losses
- maximum for every accident : Euros 25.823,00
- with the limit, for every accident: Euros 12.912,00
17) GUARANTEE FUND
In the Ministry of the Economic Development is instituted the Guarantee National Fund. The customers may apply to this Found (according to the article n.51 of the D.L. n.79/2011) in case of insolvency or bankruptcy of sellers or organiser. The details of the use of the Fund are governed by the Decree of the Minister of the Economic Development under the terms of the above mentioned Art.
In case of legal disputes, the court having jurisdiction will be that of Livorno, Italy
NAPOLEON Tour Operator di Grandi Vacanze S.r.l.
57037 PORTOFERRAIO (LI) Isola d'Elba
Tel. 0565-917888 (r.a.) Fax 0565-918772
P.IVA / C.F. / Iscr. Reg. Imp. CCIAA Livorno n. 01736010495
N.REA CCIAA Livorno 153483 - Capitale sociale Euro 10.000,00
Province of Livorno n.3118 of the 25/01/2013.
This travel program is in conformity with the valid law.