The travelling agreements under this program shall be considered as regulated by law no. 1084 dated December 27th, 1977, that ratifies and executes the International Agency Agreement Convention (CCV) signed in Brussels on April 23rd, 1970, and in compliance with art. 2 no. 1 L.D. 111 dated 17/03/95 that enforces the EEC Directive: the subject-matter of travel packages are travels and holidays and "all-inclusive" tours resulting from the pre-established combination of at least two of the following elements, that are sold and supplied for sale at a lump-sum price and for a period of time exceeding 24 hours which extends to cover a period of time of at least one night
a) transportation;
b) accommodation;
c) holiday services not incidental to transportation or accommodation (omissis)... that make up a substantial part of the "holiday package".
The liability of Berlina - Viaggi in Libertà cannot in any case exceed the limits set forth by the above-mentioned law and by the provisions indicated in the documentation supplied as well as by the L.D. 111/95 above.
In addition, agreements are also regulated by R.L. 16/94 Region Tuscany and by the provisions of the 90/314/EEC Directive dated 13/06/90.
2) Reservations and terms of payment
Acceptance of registrations shall be subjected by the travel and/or package organiser to the availability of places and shall be considered as completed at the time of written confirmation from Berlina - Viaggi in Libertà travel agents and upon reception of a down payment of 30% of the total cost of the package, resulting in the stipulation of the agreement unless otherwise agreed. Failing payment of the requested amount within the terms of the agreement, the requested accommodation cannot be guaranteed. For reservations made within the limit of 20 days, the payment shall be entirely settled upon reservation.
3) Rates
The rates shown have been calculated based on the exchange rates and fares in force at the time of going to press. Rates may be changed at any time by reason of tax fluctuations, energy consumption. If the overall price increase should exceed 10%, the customer shall be entitled to terminate the agreement without having to pay any penalties, provided the customer gives notice thereof to Berlina - Viaggi in Libertà within 48 hours from reception of notice of the increase. The fixed price cannot however be increased during the 20 days leading up to the expected departure date.
4) Amendements and cancellation of the agreement by BERLINA VIAGGI
If required by force majeure circumstances, Berlina - Viaggi in Libertà reserves the right to replace the accommodation and/or holiday destination. The customer shall give notice to Berlina - Viaggi in Libertà of his/her decision either to withdraw from or use the alternative holiday within 2 days from reception of the alternative proposal.
In addition, Berlina - Viaggi in Libertà, as per art. 10 of the above-mentioned law no. 1084 dated December 27th, 1977, may fully or partly cancel the reservation, due to force majeure circumstances, such as strikes, adverse atmospheric conditions, war events, civil and military disorders, riots, natural disasters. Such facts are not attributable to Berlina - Viaggi in Libertà.
5) Replacements
The customer who should become unable to use the reserved holiday may transfer his/her reservation to someone else, provided:
a) Berlina - Viaggi in Libertà is given written notice thereof (by registered letter with advice of receipt or by telegram) within 4 workdays before the established departure date, and receives at the same time a communication containing the assignee's details;
b) This is not hindered by any reason concerning the hotel accommodation, transport services or otherwise such as to prevent a person other than the renouncer from using the package;
c) The incoming customer refunds Berlina - Viaggi in Libertà for any cost incurred in relation to the replacement to the extent that will be specified upon notice of the transfer.
The assignor and the assignee shall be jointly and severally liable for the payment of the full amount.
6) Waivers - Penalities
Should the agreement be terminated, the customer will be still responsible for the payment of the registration fee and the penalties as follows:
- 10% of the total amount from the date of reservation up to 30 days before the beginning of the holiday.
- 20% of the total amount from 29 days to 22 days before the beginning of the holiday.
- 50% of the total amount from 21 days to 8 days before the beginning of the holiday.
- 75% of the total amount from 7 days to 3 days before the beginning of the holiday.
- 100% of the total amount for waivers received after such dates.
The latter penalty shall apply also in case the customer stops the holidays after its beginning.
7) Compliants
In the event of complaints related to or arising from the services supplied, the customer should immediately contact Berlina - Viaggi in Libertà. In addition, the customer shall be entitled to lodge a written complaint by registered letter within 10 workdays from his/her return to the place of departure.
The consumer should notify any fault without delay, so that the organiser, the local representative or whoever acts in his/her place may promptly remedy it.
8) Guarantee fund
A National Guarantee Fund has been established at the Cabinet Presidency which the consumer can contact, as per art. 21 LD 111/95, in the event of the seller's insolvency or bankruptcy. The Fund must also immediately supply funds if a tourist should be obliged to leave a non-EEC country in the event of an emergency regardless of such emergency being attributable to Berlina - Viaggi in Libertà.
The methods for using the Fund are laid down by a Prime Minister's Decree as per art. 21 no. 5 LD 111/95.
9) Place of Jurisdiction
For any dispute, the place of jurisdiction shall be the Court of Pisa.
10) Registration fee
In addition, a "registration fee", equal to 13 euro per person, shall be required for all combinations. Children under 6 shall be exempted.
11) Technical Organisation
Berlina - Viaggi in Libertà di Fenice s.r.l., Pisa
Licence dated 12/03/99 decree no. 24
Piazza Mazzini, 4 - 56127 Pisa (ITALY)
Phone +39 050 970 259
Fax +39 050 970 194
Email: info@berlina.it
Phone: +39 050 970 259
Fax: +39 050 970 194
Email: info@berlina.it
