33BETWEEN SKY AND SEAThe Cinque Terre are not just a gift of nature.They are a masterpiece of genius,a product of hard work that succeededin squeezing out of nature the suitableconditions for a culture of survival.Age-old rural wisdom and an active presencewithin this territory have struck a balancein the complex relationshipbetween nature and culture.Sergio FregosoCINQUE TERRE NATIONAL PARKCinque Terre Protected Marine AreaSALES CONDITIONS Incoming <strong>Liguria</strong> pages 10-111 CONCEPT OF TOURIST PACKAGEIn accordance with Art. 84 n°1 of Legislative Decree n°206of 06-09-2005, implementing Directive 90/314/EEC:Packages concern the journeys, the holidays and excursionsor visits all included, resulting from the pre-determinedcombination of at least two of the elements referred to below,sold or offered for sale at a flat-rate consideration, and of aduration in excess of twenty four hours or including at leastone night:a) transport;b) accommodation;c) tourist services not related to the transport oraccommodation referred to in Article 86, paragraphs I) andO), that form a significant part of the package ”.The separate billing of elements of the same package shallnot absolve the organizer or retailer from the obligations inthis unit.2 LEGISLATIVE AND ORGANIZATIONAL SOURCESThe contract contained in the brochures published herein,concerning the offer of a tourist package, is regulated byoutstanding general conditions and Law n°1084 of 27/12/77ratifying and implementing the International Convention ontravel contracts signed in Brussels on 23/04/70, as well asthe above-cited Legislative Decree 206 of 06-09-05implementing Directive 90/314/EEC. The tourist packagesprovided for by the contract are organised by the operatorAcquaclub - Incoming <strong>Liguria</strong> - via Filippo Turati 2/9 -16128 Genoa- tel. 010-2345666 – Provincial Authorizationn°205/40078 of 09-06-2000. Insured with NavaleAssicurazioni spa, policy n° 4093265A, for a limit of liabilityof • 2,065,828.00.3 RESERVATIONS AND PAYMENTSThe acceptance of reservations is subordinate to theavailability of vacancies, and shall be perfected only at thetime and place from which the organizer sends writtenconfirmation, including by means of computer. It is notedthat the retailer travel agency is legally a broker with regardto the organizer in accordance with art. 1.3 CCV as well as aretailer pursuant to art. 4 of Legislative Decree 206/2005,acquiring rights and assuming obligations exclusively as theagent of his principal - client.Manner of payment:ento:Upon reservation and confirmation by Incoming <strong>Liguria</strong>,payment must be made of the total amount of the matter.Failure to pay in the manner specified constitutes an expresstermination clause of the contract, which will result in itstermination, without prejudice to any payment of thedamages suffered by Incoming <strong>Liguria</strong> and by retailer travelagencies as a consequence of the forced cancellation of thecontract.4 PRICEThe price of the tourist package is set forth in the contract.It can be modified up to 20 days prior to departure and onlydue to changes in: transportation costs, inclusive of the priceof fuel; dues and fees on any kind of tourist service such astaxes, landing taxes, disembarkation or embarkation fees atports or airports; and the exchange rates applied to theparticular package. With regard to such changes, referencewill be made to the rates of exchange and the cost of serviceseffective as of the date of publication of thebrochure, as reported therein.5 WITHDRAWAL WITHOUT PENALTYThe consumer can withdraw from the contract withoutpaying the price in the following cases:-increase in the price of the packages in an amount inexcess of 10%;-material change of another essential element of the contract(understood as being any change in price on items that canobjectivelybe considered to be fundamental for the purposesof the enjoyment of the tourist package considered overall)proposed by the Organizer after the conclusion of thecontract but prior to departure, which is not accepted by theconsumer. It is specified in this regard that the consumermust notify Incoming <strong>Liguria</strong> in writing of his decision toaccept or withdraw within two business days from receipt ofthe proposed change. In the case of withdrawal, theconsumer will be entitled to the refund of the amountsalreadypaid or, in alternative, to a substitute tourist package ofequivalent quality.6 WITHDRAWAL BY THE CONSUMERIn the case of withdrawal from the travel contract, Incoming<strong>Liguria</strong> will apply the following penalties, in addition to a fixedamountof 25.00 Euro for opening the file:-10% of the total amount of the services up until 45 daysprior to departure;-20% of the total amount of the services from the 44°through the 30° day prior to departure;-30% of the total amount of the services from the 29°through the 15° day prior to departure;-50% of the total amount of the services from the 14°through the 4° day prior to departure;-100% of the total amount of the services after such term.7 CANCELLATION OF THE TOURIST PACKAGEIn the event that, prior to departure, the organizer advisesthat it is unable to provide the services included in the touristpackage, the consumer can alternatively exercise thefollowing rights: he can accept a substitute tourist packageof equivalent quality, or, if unavailable, of a higher qualitywithout any price increase, or of a lower quality, with therefund of the difference in price; or the refund of the part ofthe price that has already been paid. Such refund must bemade within 7 business days from the time of receipt of thenotice of the decision requesting a refund. The consumermust give notice of his decision (to accept the change or towithdraw) within and no later than two business days fromthe proposal for an increase and/or change. In the lack ofexpress notice within the above term, the proposal made bythe Organizer will be considered to have been accepted.8 CLARIFICATIONS WITH REGARD TO WITHDRAWALThe effects of the consumer’s withdrawal or the cancellationof the tourist package are regulated in full by the abovearticles 6 and 7, which substantially reproduce theprovisions of articles 90-91-92 of Legislative Decree206/2005. They therefore represent a fair balance betweenthe contractual parties, also in accordance with theprovisions set forth in art. 1469 ter. of the Italian Civil Code(introduced by Law 52/96, implementing Council Directive93/13/EEC regarding vexatious clauses in consumercontracts), according to which “clauses that reproduceprovisions of law are not vexatious”.9 CHANGES AFTER DEPARTUREIn the event that after departure the organizer finds that it isunable to provide an essential portion of the contractualservices,regardless of the reason unless due to theconsumer, it must make alternative arrangements withoutprice increases to be borne by the consumer, and in theevent the services provided are for a lower value with respectto those that had been planned, it must compensate him forthe amount of such difference. In the event that noalternative arrangement is possible, or the solution plannedby the organizer is not accepted by the consumer for seriousand justified reasons, the organizer shall provide, without anincrease inprice, a means of transportation that is equivalent to theoriginal transportation back to the place of departure, or toanother place that might eventually be agreed upon,compatibly with the availability of the means and vacancies,and will pay the consumer the price difference for theservices performed through the time of an early return.10 SUBSTITUTIONSIA consumer who waives the package can be substituted byanother person as long as:-the organizer is informed in writing at least 4 business daysprior to the date set for departure, receiving at the same timea communication with the details of the transferee;-The transferee satisfies all of the conditions applicable to theservice (art. 89 Legislative Decree 206/2005), specificallythe requirements regarding passport, visas, healthcertificates, hotel accommodation, transportation services orin any event such as to render the use of the packageimpossible by a person other than the customer waiving thepackage;-the transferee shall reimburse the organizer all of theexpenses sustained in order to arrange the substitution inthe amount quantified upon notice of the transfer. Theconsumer waiving the package must in any event pay theregistration fee, if any. He will further remain jointly liable withthe transferee for the payment of the balance of the price, aswell as the amounts set forth in clause c) of this article.11 LIABILITYThe organizer shall be responsible for damages caused to theconsumer due to the non-performance or improperperformance of the contractual services, whether they areperformed personally by it or by third party service providers,unless it proves that the breach was due to the consumer(inclusive of autonomous initiatives taken by the latter during thecourse of performance of the tourist services) or to facts that donot fall within the provision of the services provided in thecontract, due to unforeseeable events, force majeure, orcircumstances that the organizer could not, in accordance withprofessional diligence, reasonably expect or remedy. The retailerused to book the tourist package is not in any event liable for theobligations arising from the organization of the trip, but isexclusively liable for the obligations arising from his position asa intermediary and in any event within the limits for such liabilityprovided by the above cited laws or conventions.12 LIMITS ON DAMAGESThe payment of damages due by the organizer cannot inany event be in excess of the compensation allowed byinternational conventions governing the services whosebreach resulted in the liability, both contractually as well asextra-contractually, specifically the Warsaw Convention of1929 on international carriage by air, with reference to thetext amended by the Hague Protocol in 1955; the BernConvention (CIV) on railway travel; the Paris Convention of1962 on the liability of hotel-keepers, with reference to thetext set forth in articles 1783 et seq. of the Italian Civil Code;the Brussels Convention of 1970 (CCV) on the organizer’sliability.In any event the limit of compensation for damages otherthan personal injury cannot exceed the amount of “5000germinal gold francs for any other damage” provided byart.13 no. 2 CCV. In the event the original texts of the aboveconventions are amended, or new international conventionsregarding the services included in the tourist packagebecome effective, the limits on compensation provided bythe sources of uniform law in effect at the time of theoccurrence of the damaging act will be applicable.13 CLAIMS AND COMPLAINTSEvery breach of performance of the contract must becontested by the consumer without delay so that theorganizer, its local representative or the accompanyingperson can cure it in a timely manner.The consumer can also make a complaint by sending aregistered letter with return receipt to the organizer orretailer, within and no later than 10 business days from thereturn date to the place of departure.14 INSURANCE FOR CANCELLATION EXPENSESUnless expressly included in the price, at the time of thereservation it is possible – and indeed advisable – to takeout, care of the organizer’s or retailer’s office, a specialinsurance policy to cover the expenses deriving fromcancellation of the package. The cost is calculated as 4.9%of the total of the trip.15 GUARANTEE FUNDA National Guarantee Fund is being created care of thePresidency of the Council of Ministers that the consumercan apply to, in accordance with art. 100 of LegislativeDecree 206/2005, in the case of insolvency or bankruptcyof the retailer or organizer.Validity of the programme: from 01-01-2008 through 31-12-2008GENERAL CONDITIONS OF CONTRACT FOR THE SALEOF INDIVIDUAL TOURIST SERVICESa) REGULATION PROVISIONSContracts concerning the offer of just transportation service,accommodation, or any other separate tourist service,which cannot be considered as a contract for theorganization of a trip or tourist package, shall be regulatedby the following provisions of the CCV: art. 1 no. 3 and no.6; articles 17 to 23; articles 24 to 31, with regard toprovisions other than those related to an organizationcontract as well as the other agreements specificallyreferring to the sale of the individual service provided for bythe contract.b) CONTRACTUAL CONDITIONSThe following clauses of the general conditions of contractfor the sale of tourist packages set forth above shall also beapplicable to said contracts: art. 3, art. 6, art. 7, art. 8, art.9, art. 10 1°clause, art. 11, art. 12, art. 14. The applicationof said clauses shall by no means result in the relativecontracts being considered as tourist packages. Theterminology of the cited clauses relative to the touristpackage contract (organizer, trip, etc.) must therefore beunderstood with reference to the corresponding figures ofthe sales contract for individual tourist services (retailer,accommodation, etc.).PRIVACYThe personal data collected above will be processed, withor without the assistance of electronic systems and can becommunicated to the service providers. The data controlleris INCOMING LIGURIA SRL. The client can have access atany time to the data that regards him, update it, correct it,supplement it and more generally, exercise the rightsprovided by article 7 of the Privacy Law (Legislative Decreeno. 196/2003).Mandatory notice in accordance with art. 17, clause 1 ofLaw no. 38 of 06/02/2006. The law punishes crimesrelating to child prostitution and pornography withimprisonment, even if committed abroad.
<strong>FAI</strong> - Fondo per l’Ambiente Italianoviale Coni Zugna 520144 MilanoTel. 02 4676151www.fondoambiente.it
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