Terms and Conditions

GENERAL SELLING CONDITIONS FOR TOURIST PACKAGES

1) INTRODUCTION:  TOURIST PACKAGE NOTION
a) The manager and the seller of the tourist package, used by the customer, must have the official authorization to do their activities;
 b) the customer has the right to receive a copy of tourist package sales contract (according to art. 85 of the Consumer Code, introduced into the law under the article 7 of Law No. 29/7/2003 229 - by Leg. 6/9/2005, n. 206), which is essential, to accede, if necessary, to the Guarantee Fund according to Article. 18 of these general sales conditions.
Here following the "tourist package" notion (art.84 Cod Cons.).
Tourist packages refer to travels, holidays and "all inclusive” tours, resulting from the  combination of at least two of the items listed below, sold or offered for sale at a flat rate, and with a duration longer than 24 hours or  a period  including  at least one night:
a) transport;
b) accommodation;
c)tourist services not related to transport or accommodation (omitted) ... that constitute a significant part of the "tourist package".

2) LEGISLATIVE SOURCES
The tourist packages sales contract is regulated not only by these general conditions, but also by the terms set out in the travel documents delivered to the customer. The contract, whether related to services provided in Italy or abroad, will also be regulated by the rules – to be applied - of L. 27/12/1977 n ° 1084, ratification and execution of the International Convention about travel contracts (CCV) signed in Brussels on 23.4.1970 and by the Consumer Code.

3) OBLIGATORY INFORMATION: SPECIFICATIONS
The manager is obliged to insert the specifications  in the catalogue or in the extra-catalogue program. Required elements to be included in the catalogue or extra-catalogue specifications:
1. manager official authorization details;
2. liability insurance policy details;
3. validity period of the catalogue or extra-catalogue program;
4. Substitution terms and conditions (Art. 89 Cod Cons.)
5. Exchange rate references for currency adjustments, day or value;

4) BOOKING
 At the opening of the practice the Organization ha s the right to require the payment of the related expenses, as indicated in the formulation of the required estimates.
In each program the required extra amount for single room accommodations are specified, if provided.
The reservation must be done with the appropriate contract form; if electronically, it must be fully completed and signed by the customer, who will receive a copy.
Booking acceptance will be completed, as result of contract conclusion, only when the Organization sends the confirmation of the agreed travel to the customer of the selling travel agency, even by  computer.
All the indications concerning the travel package and not included in the contract documents, brochures or other written communications will be provided by the Organization in fulfilment of its obligations as written in Art. 87-c2 Cod Cons. on time, before the beginning of the travel. 

5) PAYMENTS
The payment of the deposit by the side of the customer must be done at the booking time or at the moment of the authorization, as well as the payment of the difference.  Payments must be done to the Broker Agency in the following terms:
- The payment of the deposit, 25% of the total amount,   will confirm the drawing up of Mondial contract , as well as  the insurance prize and, if provided, it  will settle opening expenses;
- The remaining difference must be paid within 30 days before the departure;
- For registrations made during the 30 days before the departure day, the entire amount must be paid at  the  moment of registration and not later than the first working day following the booking confirmation, by the side of the Organization.
- By the side of the Broker Agency, within the working day following the collection, the amount received from time to time by the customer will be promptly paid to the Organization, as specified in the contract, as deposit and/or total amount of the contract.
The failure of contractual payment terms constitutes an express termination clause and authorizes the Organization to suspend the transmission of travel documents and to back out of the contract, with bookings cancellations, including those already confirmed.

6) PRICE
The Organization may ask tariff adjustments to the consumer, by written communications, even by computer, sent to the Broker Agency:
The Broker Agency will resend to the customer the request for adjustments within the 3rd working day (Saturdays excluded) since the Organization receives it.
The tourist package price, determined in the related contract, referred to the catalogue or the extra catalogue program and to possible changes of the same catalogue or extra catalogue program, later added and already subject to confirmation of reservation by the Organization, includes all services present in the program, excluding visas costs, airport taxes, tips, drinks, porter services and  opening practice costs. The price may  change within 20 days before the departure or not later than the eighth working days from the payment of the entire amount, if accredited later than 30 days before the departure, but only due to changes in:
 Transportation costs, including fuel costs;
 Rights and taxes concerning certain types of tourist services such as taxes, landing fees, landing or boarding in ports and airports;
 Exchange rates applied to the package, if the variation exceeds 3%. For these changes we will refer to the exchange rates and costs in use at the date of publication of the program as outlined in the catalogue or at the date of the changes as already referred, and at the exchange rate in use 30 days before the departure.
 Exchange rate fluctuations will affect the standard price of the tour package in the percentage indicated in the specifications.

7) CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE THE DEPARTURE
The Organization has the right to reserve single room to Participants who travel alone and therefore to require the related additional price, if he does not  find another participant  to share a double room..
Before the departure, the Organization or the seller who needs to make changes on one or more elements of the contract shall give an immediate written advice to the consumer indicating the type of change and the related price variation.
If the customer does not accept the proposed changes referred in the previous paragraphs, the consumer may exercise the right to regain the amount already paid, or he can choose a different tourist package according to the 2nd and 3rd paragraphs of Article 8.
The consumer may exercise the mentioned rights even when the cancellation depends on the failure to achieve the minimum number of participants in the Program provided in the catalogue or in the extra catalogue program, or in case of cancellation due to unpredictable cases and unforeseeable circumstances related to the purchased tourist package.
For cancellations different from unpredictable cases, unforeseeable circumstances and failure to achieve the minimum participants number, or if the customer doesn’t accept the offered alternative, the Organization that deletes (ex art. 33, lett.e Cod Cons.), will return to the costumer twice the amount paid to the Organization, through the broker Agency.
The refund amount will not exceed the double of the amount whose the consumer is debtor on the same date, as provided by the art. 8, 4th paragraph, if he is the one who deletes.

8) CONSUMER WITHDRAWAL
The consumer may delete the contract without paying any penalty, in the following assumptions:
- if the price increase exceeds 10%;
- with significant changes in one or more elements of the contract if considered fundamental elements of the tourist package considered and proposed by the Organization after the contract conclusion but before the departure and not accepted by the customer.
In the cases reported above, the customer has also the right:
- To benefit from an alternative tourist package, without extra costs or without the refund of extra amount, if the second tourist package has a lower value than the first;
 To the return of the already paid amount. This return must be done within seven working days from the receiving of the reimbursement.
The customer must give notice of its decision (if he accepts the changes or he recedes) within two working days after receiving the notification concerning the increase or the change. Failing the proper communication within such period, the proposal made by the Organization is considered accepted.
The customer who withdraws from the contract before the departure out of the assumptions listed in the first paragraph will pay- net of the paid deposit, according to art. 5 - 1 ° comma- the individual management practice cost and the individual management cost and penalty cost in this way:
a) Individual or group travels around Europe with regular use of the carriers services:
 10% of the participation fee starting from the booking act and until 10 working days before the departure ( Saturdays excluded);
  No refund after this period;
b) Intercontinental travels with regular use of carrier services, cruises with regular use of services:
- 10% of the participation fee at the booking time until 30 working days before the departure (Saturdays excluded):
- 25% of the participation fee from 29 to 21 working days before the departure (Saturdays excluded);
- 50% of the participation fee from 20 to 11 working days before the departure ( Saturdays excluded);
- 75% of the participation fee from 10 to 3 working days before the departure (Saturdays excluded);
- 100% of the participation fee after the 3rd working day before the departure.
For all the combinations, no refund will be granted to those who do not show up at the departure or give up during the journey.
As well as those who could not make the trip due to disability or lack of the expected personal expatriation documents.
The cancellation conditions may vary in case of pre-formed groups or specific tourist initiatives; in that case the same conditions will be clearly indicated in the specific travel program. Failing it, general sales conditions will be the reference.

9) AFTER DEPARTURE CHANGES
If after the departure the Organization is unable to provide, for any reason, except if depending on the customer, an essential part of the covered services contract, it will provide alternative solutions without extra costs for the customer and if the provided services have a  lower value than those predicted, the difference must be repaid.
If it is not possible to make an alternative arrangement, or if the solution is not accepted by the customer for serious and justified reasons, the Organization will provide, without extra charges, a transport solution similar to that originally planned for their return at home or any other agreed place, considering the transportation and seats availability and  the difference between the cost of the predicted services and the services provided until the anticipated return will be refund.

10)REPLACING
The defeated customer can be substituted by someone else if:
a)the Organization is advised in writing at least 4 working days (Saturdays excluded) before the departure date, and receives information about the identity of the deputy;
b) The deputy meets all the conditions to make use of the service (ex art. 89 Cod Cons.) and in particular the requirements about passports, visas, health certificates;
c) The deputy must refund the Organization of all the expenses necessary to replace the person in a measure quantified before the assignment.
The releasor and the transferee are also both responsible for the settle of the costs and for the amounts mentioned in paragraph c) of this Article.
As for concerning certain services, it can happen that the third party service provider does not accept the replacement, even if done within the period mentioned in paragraph a).
The Organization will not be responsible for any acceptance failure by other service providers. This rejection will be promptly notified by the Organization to interested parties before the departure.

11)PARTICIPANT OBLIGATIONS
Participants must have their own passport or other valid documents for all the countries included in the itinerary, as well as visas and transit visas, and health certificates, if required. They must also observe the normal prudence and diligence rules and the specific rules of the countries included in the program and all the  information provided  by the Organization, regulations and administrative or legislative provisions concerning the tourist package. Participants will be responsible for all the damages caused to the Organization by not observing the obligations discussed above.
The customer must provide to the Organization all the documents, information and elements in its possession relevant to the exercise of the  subrogation right against a third party responsible for the damage and he is responsible towards Organization for the injury caused by the subrogation right.
The customer must also communicate in writing to the Organization, at the booking time, his personal requests that could be subject to specific agreements about the trip management, if they can be satisfied.

12) HOTEL CLASSIFICATION
The official hotel classification is provided in the catalogue or in other information material only according to the formal instructions of the competent authorities of the country where the service is provided.
Failing the official classifications recognized by the competent public authorities of the countries, including EU members the service refers to, the organization reserves the right to provide, in their own catalogue or brochures, a personal description of  the  accommodation, to permit an evaluation and the subsequent acceptance by the consumer.

13) LIABILITY SYSTEM
The Organization is responsible for damages caused to customer concerning a total or partial non-fulfilment of the benefits included in the contract, whether if carried out personally by it or by third party service providers , unless it proves that the event has been caused by the customer (including initiatives autonomously taken by him during the performance of the tourist services) or by external circumstances beyond the benefits provided by the  contract, by accident, by unexpected circumstances or by circumstances that the Organization could not, according to its professional diligence, reasonably foresee or forestall.
Excursions and services directly bought by customers  on the travel place and not included in the package tour price are out of the contract signed by Lombard Gate, the travel manager. Therefore no responsibility can be given to the Lombard Gate whether as Organization or services intermediary even if, as a favour, residents, guides and local correspondents could deal with excursions reservations.
The seller, who sells the tourist package, is not responsible for  any  obligation concerning the trip organization, but he is only responsible for obligations concerning its work as intermediary and within responsibility limits mentioned in the rules or conventions mentioned above.

14) INDEMNITY LIMITS
The Organization indemnity for personal injury may  not  exceed anyway the damage compensation established by the international conventions whose Italy and the European Union are part concerning the failure liability.
In any case, the indemnity limit may not exceed the amount of 50,000 Germinal gold francs for people damages, 2,000 gold Francs Germinal for property damages and 5,000 gold Francs Germinal for any other damage (Art. 13 No. 2 CCV).

15) COMPULSORY ASSISTANCE
The Organization must also provide the measures  imposed by the professional diligence to assist the consumer but only according to its obligations according to law or contract provisions.
The Organization and the seller are released from their responsibilities (Articles 13 and 14), when the failing or inexact execution of the contract is attributable to the customer or it is caused unexpectedly or inevitably by a third party, by accident or under circumstances beyond one’s control.

16) CLAIMS AND COMPLAINTS.
Any failing in the execution of the contract must be immediately contested by the consumer without delay, because the Organization, its local representative or
the tour guide, will promptly remedy to the situation.
The customer must – under cancellation penalty – file a claim by sending a registered letter with advise of  receipt, to the Organization or the seller, not later than  ten working days from the return date to the  departure place.

17) CANCELLATION AND RIMPATRIATION COSTS INSURANCE.
To book in a Lombard Gate trip, the customer is required to subscribe to MEDICAL ASSISTANCE, BAGGAGE and CANCELLATION insurance policy shown in the catalogue;  alternatively, he must declare and demonstrate, if required,  that he has an other insurance policy that covers the same risks at the same insured sum, giving up the insurance proposed by Lombard Gate.

18) GUARANTEE FUND
The National Guarantee Fund is instituted at the General Tourism Direction of the National Productive Activities Ministry, which the customer may refer to (according to Art. 100 Cod Cons.), in case of   insolvency or bankruptcy declaration by the seller or by the Organization for the protection of the following requirements:
a) refund of the paid price;
b) repatriation in case of abroad travel.
The fund shall also provide available funds in case of forced tourists return from non-EU countries for emergencies due or not due to the Organization behaviour.
The Fund intervention methods are established by the President of the Council of Ministers with the decree of 07/23/1999, n. 349.

19)  INTERMEDIARY TRAVEL AGENCY OBLIGATIONS
The Travel Agency, where the holiday package booking is made, is not responsible, in any case, for obligations arising from the trip management, but it is only responsible for obligations arising from its intermediary status.
The Intermediary must provide:
1) to transmit on time to the Organization correct data of the booking request and any special personal needs, which may be subject to specific trip agreements, if it is possible, and any additional information in its possession    that could be useful to evaluate the actual customer ability to carry out regularly the required travel schedule, as well as  the normal possibility to join the departing group;
2) to inform the customers/consumers about the participation contractual conditions to the tourist initiative, by submitting them for acceptance;
3) To check the correct approval and filling of the booking/sale confirmation forms and the express acceptance of the conditions there included or mentioned;
4) to send promptly to the customer/consumer a copy of the tourist package sales contract, including any occurred change, and to assist the customer with all the necessary information and clarifications required about the tourist package;
5) to keep in its offices, as long as the Civil Code and / or special laws require, a copy of the proposal form and contract acceptance, and to place them  at the Organization’s disposal, if requested, for insurance, tax and administrative-court needs;
6) to send the necessary documents to the Organization  for visa requirement, if this task depends on it; in addition to verify that individual passports, residence and transit permissions, health certificates and/or other documents are valid as required by all the countries included in the itinerary;
7) to pay on time to the Organization the money received from the client and contractually provided as a deposit or  total amount payment of the tourist package and penalty or anything perceived by the customer/consumer that must be  paid according  to the contract conditions; the payment of any amount, concerning the tourist package confirmed by the Organization,  is consider as reservation as well as a formal improvement of the travel contract.
8) To promptly send to the customer all the travel documents issued by the Organization after payment, by the side of the intermediary, of the residual amount due to closure practices, and to assist customers with all the necessary information and clarifications required about the package.
9) To send to the Organization, not later than the 5th working day (Saturdays excluded) from its receiving, the balance request of the participation amount and, if it has been increased more than 10%, the customer has the possibility to cancel the contract.
All the communications will commit the parties only if given in writing, even by electronic system.

ADDENDUM
Compulsory notification in accordance with Article 16 of Law 269/98.
The Italian law punishes with jail any crimes related to prostitution and child pornography even if committed abroad.
Compulsory information according to Reg 2027/1997.
European flight companies and those belonging to countries that agree to the Montreal Convention 1999 are subject to the following liability regime:
There are no financial limits concerning flight companies’ responsibility for passengers’ death,  injury or grievous bodily harm.
For damages higher than 100,000 SDRs (approximately 120,000 Euros), the flight company can deny a claim only if it can prove that the damage is not attributable to it.
In case of delay in passengers transport, the flight company is responsible for the damages up to a maximum of 4,150 SDR (about 5000 Euros).
In case of destruction, loss, damage of the luggage or delay in delivery, the flight company is liable for the damage up to 1,000 SDRs (approximately 1,200 Euros).
It is possible to make a special statement about the higher value of the luggage or to submit a specific insurance with the payment of a supplement not later than the moment of acceptance.
Flight Companies belonging to those countries  that do not agree to the Montreal Convention may apply responsibility regimes different from those mentioned above.
Anyway a synthesis of the main provisions concerning responsibilities of carriers working with Lombard Gate is available in our offices upon request.
The tour operator liability towards the passenger remains in any case governed by the Consumer Code and the Contract General Conditions published in the catalogue.
Passengers information according to Reg. 2111/2005.
The name of the carrier who is in charge with the flight/s is indicated in the booking confirmation sheet, any changes will be promptly communicated according to Regulation 2111/2005.
Information according to. Art. N. 13 D. Decree Law 196/2003
The contract subscriber and the other participants data, whose contribution is required to guarantee the fruition of the services included in the purchased tourist package, will be processed manually and/or electronically according to law. A refusal to transmit all the necessary data will make impossible to conclude the contract and to provide the related services. Data holder is Lombard Gate Srl.
If necessary, the data communication can be done only to the competent authorities, insurance companies, and local correspondents or people in charge of the seller or the Organization, anyway to service providers who needs the data to conclude the contract and for the fruition of the related services. The data can be also communicated to tax consultants, accountants and lawyers to perform the law requirements and/or the exercise of court rights. All the rights concerning Art. 7 D. Decree Law 196/2003 may be exercised anytime by contacting the Lombard Gate S.r.l., Via Moscova , 60 20121 Milano, tel. 02-33105633 or info@lombardgate.it

CONTRACT GENERAL CONDITIONS FOR SINGLE SERVICES SALE

A) NORMATIVE DISPOSALS
All the contracts concerning only the supply of transport services, stay, or any other separate tourist service, since they are not configured a as tourist package, are governed by the provisions of the CCV: Art. 1, No. 3 and 6, Arts. 17 to 23, Arts. 24 to 31, concerning predictions different from the Organization contract or from any other specifically covenants related to the sale of a single service.

B) CONTRACT CONDITIONS
These contracts are also subject to the following clauses of the sales contract general conditions of tourist packages mentioned above: art. 4 °; art. 5, art. 7; art.8; art.9; art. 10, art. 11, art. 15, art. 17. The application of these clauses does not completely determine the configuration of the related contracts as tourist packages. The clauses terms related to the tourist package contract (management, travel, etc...) can be understood by referring to the corresponding sale contract figures of individual tourist services (seller, residence, etc...)

SPECIFICATIONS
This program is realized according to the provisions of Art. 13 of Law 39 of the Lombardy Region on May 3rd, 1983 concerning the " Disciplina dell'Esercizio delle Attività Professionali delle Agenzie di Viaggio e Turismo" published on the Lombardy Official Bulletin of 12.5.1983, 1 suppl. ord. to n. 19 (drafting and dissemination of travel plans).
Technical organization: Lombard Gate S.r.l. – Via Moscova, 60 - 20121 Milano – Phone +39 02 33105633 Fax +39 02 33105634 - e-mail info@lombardgate.it, license DR 10987 Lombardy Region 19/08/1990.
Lombard Gate S.r.l. concluded, according to Art. 99 of the Consumer Code (Legislative Decree no. No 206/2005), a professional indemnity insurance policy No. 4072680 with “Navale Assicurazioni SpA” for a maximal of EUR 2,065,000.00. For consumers’ protection it has also signed, with the same insurance company, a policy with a maximal s raised to EUR 33,500,000.00.
The Ministry of Foreign Affairs through  www.viaggiaresicuri.it  website or with the help of the Operations call Centre 06-491115 constantly updates and make available to consumers all the official information about foreign countries and concerning the security situation, including health care, and the documents required for Italian citizens access; consumers are required to update their knowledge by consulting these sources before proceeding to the travel package booking.
The validity of the catalogue goes from 01/11/2009 to 31/12/2010.
Photo: archives Lombard Gate, Agendo.
Realization: www.agendo.it 
the Organization will not be responsible in case of replacement of non-acceptance of changes by third party service providers, even if made within the period referred to in paragraph 10a. This rejection will be promptly notified by the Organization to the interested parties.
Our programs are based on timetables, exchange rates, transport tariffs, airport and residence taxes and service costs in use from 11/01/2009. Reference exchange rates: €1.00 /1.38$, Japan €1.00/133yen, India and Nepal  €1.00/63INR.
Possible exchange rate changes will be applied to 70% of the total participation amount for the following destinations: China, Mongolia, Ecuador, Mexico, Jordan, Armenia, Iran, India and Nepal (INR), Bhutan.
As concerning for fuel cost, for special ITC and regular flights an adjustment could be applied as required by the Flight Company. Any change related to the catalogue price will be communicated to the customer by intermediary agencies.