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GENERAL CONTRACT CONDITIONS FOR
THE SALE OF TOURISTIC SERVICES AND ASSISTANCE
RESPONSIBILITY
The responsibility of Esperia S.p.A., in the quality of organiser or travel
and holiday intermediary for its customers, is regulated by
Legislative Decree no. 111 of 17/03/1995, by Directive 90/314/CEE
and Law no. 1084 of 27/12/97 ratified and executed by the
International Convention regarding the Travel Contract (CCV)
signed at Brussels on 23/04/1970. The responsibility of Esperia
S.p.A., in no case can exceed the limits provided for by the
law and by the international conventions cited.
BOOKINGS
Booking is understood to be complete at the moment of confirmation on the
part of Esperia S.p.A. and anyway dependant on the availability
of places in the accommodation structure concerned.
PAYMENTS
On booking the customer must pay a 30% deposit of the total cost of his stay.
The balance must be paid at least 30 days before the start
of the holiday. For bookings made within 30 days of the start
of the holiday, the customer must pay the entire sum. In the
absence of adherence to these conditions Esperia S.p.A.
is authorised to annul confirmed bookings.
WITHDRAWAL
Whenever Esperia S.p.A. changes an essential element of the holiday, the
customer can withdraw without incurring any penalty and will
have the right, as an alternative:
* to avail himself of another touristic package of equal value;
* to be reimbursed that part of the price already paid at the time of withdrawal.
Any customer withdrawing from the contract for reasons other than those foreseen
in the preceding paragraph of the present article, as compensation
for the withdrawal, will be charged a sum not inferior to
those listed below:
- 10% of the overall price up to 30 calendar days before
departure;
- 20% of the overall price from 29 to 15 calendar days
before departure;
- 40% of the overall price from 14 to 7 calendar days
before departure;
- 60% of the overall price from 6 to 3 calendar days
before departure;
- 100% of the overall price after these times.
As far as withdrawal from travel contracts regarding air, sea, rail (and other)
transport is concerned, refer explicitly to current regulations
in force.
If the customer pays the cost of the holiday in a single payment,
he has the option of taking out an insurance policy the cost
of which is 6% of the total sum. In case of withdrawal, solely
and exclusively for determined reasons, (see the web address
http://www.esperia.it/freeinsurancecover.htm),
independently of the day when this occurs, as long as it is
before the start of the holiday, Esperia S.p.A. will reimburse
the full cost of the holiday.
In case of interruption of the holiday, Esperia S.p.A. is not able to reimburse
customers, unless the customer presents a statement on the
part of the hotel management consenting to reimbursement for
services not used. Esperia S.p.A. will reimburse the sum
authorised by the hotel.
CHANGES
Changes requested by the customer after the booking has been confirmed by
Esperia S.p.A. imply a fee of € 5,16 for the paperwork,
relative to variations in period, place, touristic accommodation.
This sum will be deducted as compensation to cover the operational
costs of Esperia S.p.A.
SUBSTITUTIONS
Whenever the customer is unable to take the booked holiday himself, he can
give his booking to any person satisfying all the conditions
and requirements for the fulfilment of the service. In this
case the customer must notify Esperia S.p.A., by means
of fax or e-mail, at least 4 working days before departure,
of his intention of ceding his own booking, indicating the
personal data of the assignee. In this case, however, Esperia
S.p.A. will not be responsible for any condition not accepted
by the new nominee on behalf a the third party supplier of
the service. Following the transfer, the assignor and the
assignee will be jointly obliged for the payment of the booked
holiday, as well as for any operational costs sustained by
Esperia S.p.A. for the change.
CANCELLATION
Under Law No. 1084 of 27/12/1977, Esperia S.p.A. reserves the right to
cancel the holiday at any time before the start, without obligation
except that of refunding the full sum paid.
COMPLAINTS
The customer, within the stated expiry period, must make a complaint in writing
to Esperia S.p.A. about any missing or poor service at
the time of their occurrence or within 10 days of his re-entry.
ACCESSORY SERVICES
AVAILABLE TO CUSTOMERS
Esperia S.p.A. offers its customers the following
free services:
a) assistance (before, during
and after the holiday).
For the aspects of the holiday that concern places,
attractions, bookings, journeys, poor services, etc., Esperia
S.p.A. places a free-phone number (800.905331) at the disposal
of its customers and an e-mail (clienti@esperia.it).
Within 24 working hours of receiving requests for information/help/complaints
from our customers an Esperia S.p.A. operative will offer
free consultation.
b) non-stop insurance for
the entire duration of the holiday.
Triple insurance is included in the cost of the
holiday:
-
non-stop medical
-
baggage
-
medical costs
For insurance conditions see the web address http://www.esperia.it/freeinsurancecover.htm.
COMPETENT COURT/ARBITRATION
CLAUSE
For any dispute the Court of Cosenza will be exclusively competent.
RATE
All prices (expressed in Euro) include VAT and service charges. They do not
include extras such as tips, transfers and thermal cures.
Whenever before the start of the holiday there are noticeable
differences in the costs of services, holiday taxes and VAT,
the quotas can be proportionally changed. . Esperia S.p.A.
will communicate these changes, by fax or e-mail. The customer,
in the case in which the change is of an essential nature,
will have the right to withdraw without paying any penalty.
VALIDITY
Ottobre 2002 – Ottobre 2003
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