THAILANDWEB
GENERAL CONDITIONS OF THE OFFER BY THE TOUR OPERATOR THAILANDIAWEB
PREMISE. NOTION OF TOURIST PACKAGE
Given that:
- a) the organizer and the seller of the tourist package, to whom the consumer turns, must be in possession of the authorization
administrative to carry out their activities
- b) the consumer has the right to receive a copy of the package travel sales contract (Voucher) (pursuant to art. 85 of the Consumer Code), which is an essential document for accessing the Guarantee Fund referred to in art. 18 of these General Contract Conditions.
The concept of 'tourist package' (art. 84 of the Consumer Code) is the following: Tourist packages have as their object trips, holidays and "all-inclusive" circuits, resulting from the pre-established combination of at least two of the elements indicated below, sold or offered for sale at a fixed price, and lasting more than 24 hours or extending over a period of time including at least one night:
- a) transport;
- b) accommodation;
- c) tourist services not ancillary to transport or accommodation (omissis)…. which constitute a significant part of the “tourist package”.
LEGISLATIVE SOURCES
The sale and purchase of a tourist package, whether it concerns services to be provided in national or foreign territory, will be governed by Law 27/12/1977 no. 1084 of ratification and execution of the International Convention relating to travel contracts (CCV) signed
in Brussels on 23.4.1970 as applicable and by the Consumer Code.
MANDATORY INFORMATION – TECHNICAL DATA SHEET
- Technical Organization Castelli Co. Lmt. – 56/9 TAMBON NAI MUANG( SAYAO) THETSABAN MUANG,AMPOR MUANG PHETCHABUN 67000, 56/9, 67000 operating through the website www.thailandiaweb.com.
- Thai Administrative Authorization No. 067551000146. dated 13/06/2008 in accordance with the provisions of Regional Law No. 15 dated 30/03/1988.
RESERVATIONS
To complete the booking, the consumer must make a payment for the entire amount of the tourist package and notify the seller. From the moment of receiving the payment, the seller will work on the bookings relating to the travel package with processing times that may vary depending on the circumstances but which will usually require 7 working days. In any case, the seller undertakes to deliver the booking voucher in good time for the use of the travel package and therefore on a date prior to departure. Once the package has been drawn up, the Customer will be sent the VOUCHER relating to the details of the tourist package by email.
The Customer must print the booking voucher and bring it with him as a travel document and reference. However, even in the absence of the aforementioned voucher, the bookings mentioned therein will still be fully valid.
PRICE
The prices of the tourist packages published in this catalogue are expressed in Euro and have been calculated as follows considering the rates in force in the current year.
CONSUMER WITHDRAWAL
The consumer may withdraw from the contract, without paying penalties, in the following cases:
– increase in the price referred to in the previous art.6 exceeding 10%;
– significant modification of one or more elements of the contract objectively configurable as fundamental for the purposes of enjoying the tourist package as a whole and proposed by the organiser after the conclusion of the contract itself but before departure and not accepted by the consumer.
In the above cases, the consumer has alternatively the right:
– to take advantage of an alternative tourist package, without additional costs or with the refund of the excess price, if the second tourist package has a lower value than the first;
– to the refund of only the part of the price already paid. This refund must be made within seven working days from the moment of receipt of the refund request.
The consumer must communicate his decision (to accept the change or to withdraw) within and no later than two working days from the moment in which he received the notice of increase or change. In the absence of express communication within the aforementioned deadline, the proposal formulated by the organizer is considered accepted. The customer who withdraws from the contract before departure outside of the cases listed in the previous paragraphs of this article will be charged as a penalty, regardless of the payment of the deposit provided for in art. 5, 1 paragraph, the registration fees, insurance premiums and the following percentages of the participation fee, calculated on the basis of how many days before the start of the trip the cancellation occurred (the calculation of the days does not include the day of withdrawal, the communication of which must arrive on a working day before the start of the trip):
– from the day after booking up to 60 days before departure 35% *
– from 59 to 30 days before departure 60%
– from 29 to 15 days before departure 80%
– from 14 to 0 days before departure 100%
NB: the same amounts must be paid by those who are unable to travel due to the lack or irregularity of the required personal travel documents.
In the case of pre-established groups, these sums will be agreed upon from time to time upon signing the contract.
* NB for holiday packages including flights from Italy or for tours departing between 27 July of each year and 18 August of each year or departing between 20 December of each year and 4 January of each year, in the event of withdrawal from the contract the entire sum paid will be lost unless travel cancellation insurance has been taken out.
MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE by the organizer.
Any significant modification by the organizer, the package or one of its essential elements is subject to acceptance by the customer pursuant to art.91 of the Consumer Code.
In the event of non-acceptance, the consumer may exercise the rights set out in art. 7. The consumer may exercise the rights set out above even when the cancellation depends on the failure to reach the minimum number of participants set out in the Catalogue or in the non-catalogue Programme, or on cases of force majeure and unforeseeable circumstances, relating to the purchased tourist package. For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as those other than the consumer's failure to accept the alternative tourist package offered (pursuant to the previous art. 7), the organiser who cancels (pursuant to art. 33 letter E of the Consumer Code) will refund the consumer double the amount paid by the consumer and collected by the organiser, through the travel agent. The sum to be refunded will never be more than double the amounts that the consumer would be indebted for on the same date according to the provisions of the previous art. 7, paragraph 4, if he were the one to cancel.
CHANGES AFTER THE DEPARTURE
If, after departure, the organizer is unable to provide for any reason other than the consumer's own fault, an essential part of the services contemplated in the contract, he must provide alternative solutions, without additional costs to be borne by the contractor and, if the services provided are of lower value than those foreseen, reimburse him in an amount equal to such difference. If no alternative solution is possible, or the solution provided by the organizer is refused by the consumer for serious and justified reasons, the organizer will provide, without additional costs, a means of transport equivalent to the original one foreseen for the return to the place of departure or to a different place possibly agreed, compatibly with the availability of the means and seats and will reimburse him in the amount of the difference between the cost of the foreseen services and that of the services carried out up to the time of the early return.
SUBSTITUTIONS
The withdrawing customer may be replaced by another person provided that:
- a) the organiser is informed in writing at least 4 working days before the date set for departure, receiving at the same time communication regarding the personal details of the transferee;
- b) the substitute satisfies all the conditions for the use of the service (art. 89 of the Consumer Code) and in particular the requirements relating to the passport,
to visas, to health certificates;
- c) the incoming party reimburses the organizer for all expenses incurred to proceed with the substitution in the amount that will be quantified before the transfer.
The transferor and the transferee are also jointly liable for the payment of the balance of the price as well as the amounts referred to in letter c) of this article. In relation to some types of services, it may happen that a third party service provider does not accept the change in the name of the transferee, even if made within the deadline referred to in the previous point a). The organizer will therefore not be liable for any failure to accept the change by third party service providers. Such failure to accept will be promptly communicated by the organizer to the interested parties before departure.
OBLIGATIONS OF PARTICIPANTS
Participants must have an individual passport or other document valid for all countries included in the itinerary, as well as any residence and transit visas and health certificates that may be required. They must also comply with the rules of normal prudence and diligence and the specific rules in force in the countries of destination of the trip, all the information provided to them by the organizer, as well as the regulations and administrative or legislative provisions relating to the tourist package. Participants will be held liable for all damages that the organizer may suffer due to their failure to comply with the above obligations. The consumer is required to provide the organizer with all documents, information and elements in his possession useful for exercising the right of subrogation of the latter against third parties responsible for the damage and is liable towards the organizer for any damage caused to the right of subrogation. The consumer will also communicate in writing to the organizer, at the time of booking, any particular personal requests that may form the subject of specific agreements on the modalities. of the journey, provided that its implementation is possible.
HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalogue or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the countries, including EU members, to which the service refers, the organiser reserves the right
option to provide a description of the accommodation facility in the catalogue or brochure, so as to allow the consumer to evaluate and subsequently accept it.
LIABILITY REGIME
The organizer is liable for damages caused to the consumer due to total or partial non-fulfilment of the contractually due services, whether these are carried out by him personally or by third party service providers, unless he proves that the event is due to an act of the consumer (including initiatives independently undertaken by the latter during the execution of the tourist services) or to circumstances external to the provision of the services provided for in the contract, to chance, to force majeure, or to circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve. The seller with whom the tourist package was booked is not liable in any case for the obligations arising from the organisation of the trip, but is exclusively responsible for the obligations arising from his capacity as intermediary and in any case within the limits for such liability provided for by the laws or conventions cited above.
LIMITS OF COMPENSATION
The compensation due by the organizer for personal injury may in no case exceed the limits set by the international conventions to which Italy and the European Union are parties in reference to the services whose failure to perform has determined their liability. In particular, the compensation limit may in no case exceed the amount of 50.000 Germinal Gold Francs for personal injury, the amount of 2.000 Germinal Gold Francs for damage to property and the amount of 5.000 Germinal Gold Francs for any further damage (art. 13, n. 2, CCV).
OBLIGATION OF ASSISTANCE
The organizer is required to provide the consumer with assistance measures imposed by the criterion of professional diligence exclusively in reference to the obligations incumbent upon him by law or contract. The organizer and the seller are exempted from their respective responsibilities (articles 14 and 15), when the failure or incorrect execution of the contract is attributable to the consumer or is dependent on the act of a third party of an unforeseeable or unavoidable nature, or on a fortuitous event or force majeure.
COMPLAINTS AND COMPLAINTS
Any failure to perform the contract must be contested by the consumer without delay so that the organizer, his local representative or the tour leader can promptly remedy the situation. The consumer must, under penalty of forfeiture, file a complaint by sending a registered letter with acknowledgement of receipt to the organizer or the seller, no later than ten working days from the date of return to the place of departure.
CANCELLATION AND REPATRIATION COSTS INSURANCE
If not expressly included in the price, it is possible, and indeed advisable, to stipulate special insurance policies at the time of booking against costs arising from cancellation of the package, accidents and baggage. It will also be possible to stipulate an assistance contract that covers repatriation costs in the event of accidents and illnesses. Details regarding insurance premiums and general policy conditions are given on the “services” page.