APPLICABLE RULES AND RESPONSIBILITY
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed by the Tourism Code, specifically Articles 32 to 51-novies for as amended by Legislative Decree No. 62 of May 21, 2018, transposing and implementing EU Directive 2015/2302 as well as the provisions of the Civil Code on transportation and mandate, insofar as applicable.
RESERVATIONS AND PAYMENTS
Reservations are accepted until all available seats are filled. They are considered finalized if the confirmation is immediately followed by sending the required deposit. The terms of the balance will be indicated on our confirmation.
INSURANCE R.C.
As a guarantee of the exact fulfillment of the obligations undertaken towards customers ACE TOUR SM srl, has taken out a special insurance policy with UNIPOLSAI ASSICURAZIONI S.p.A. policy no. 40086424, in accordance with art. 14 L.R. no. 07 of 31/03/2003.
WITHDRAWAL/INTERRUPTION OF STAY
In case of withdrawal from the travel contract ACE TOUR SM srl, will apply the following penalties, in addition to the charges and expenses to be incurred for cancellation of services:
-25% of the total amount if the cancellation is received by ACE TOUR SM srl up to 30 days before the use of the booked services, unless otherwise specified.
-50% of the total amount if the cancellation is received by ACE TOUR SM srl up to 21 days before the use of the booked services, unless otherwise specified.
-75% of the total amount if the cancellation is received by ACE TOUR SM srl up to 7 days before the use of the booked services, unless otherwise specified.
No refunds after these terms.
As a rule, cancellations and cancellations of confirmed Groups fall under the above penalties. However, cancellations and cancellations of individual confirmed services (flights, trains, ships, hotels, restaurants, guides) may be subject to different penalties, by virtue of different conditions of the above, of Events, Fairs, Celebrations, Holidays of specific locations or nations. It will be the responsibility of ACE TOUR SM srl to communicate the extent of any penalties at the time of confirmation. In case of interruption of the stay, no reimbursement is provided, unless the group is able to present a specific statement from the hotel management of consent to reimbursement, for services not used. This procedure is strictly required, and the organizing agency will refund only the amount authorized by the hotel minus any agency fees.
WITHDRAWAL WITHOUT PENALTY
the traveler has the right to withdraw from the contract without paying any penalty in the following cases:
-increase in the price of booked packages in excess of 10%.
-essential changes in the contract required by ACE TOUR SM Ltd. after the completion of the contract, without the customer’s approval.
It should be noted in this regard that the customer must notify ACE TOUR SM srl in writing of his choice to accept or withdraw within 2 (two) working days of receipt of the proposed change. In case of withdrawal, the customer will be entitled to a refund of the sums already paid or, alternatively, to take advantage of another tourist package of equivalent quality.
VARIATIONS
It is recognized that ACE TOUR SM srl has the right to replace hotels and / or resorts with others of similar characteristics for operational reasons or other needs arising. Any failure of the traveler to adhere to the proposed change is to be manifested in writing within 2 (two) working days of receipt of the proposal itself, will commit ACE TOUR SM srl only to the reimbursement of any sums already paid.
COMPLAINTS
Any deficiency in the performance of the contract must be contested by the traveler without delay so that ACE TOUR SM srl or its local representative, if any, may promptly remedy it. Any written complaint must be sent, under penalty of forfeiture, by registered mail no later than 10 working days from the date of return to the place of departure. Since the realization of 0ffers on the site is made well in advance of the actual provision of services, should any changes with respect to the proposed descriptions arise, ACE TOUR SM srl cannot be held responsible in any way.
OBLIGATIONS OF TRAVELERS
Participants in the trip must have an individual passport or other document valid for all countries touched by the itinerary, as well as residence and transit visas and any health certificates that may be required. They will also have to comply with the rules of normal prudence and diligence, with all information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to the trip. Participants will be held liable for all damages incurred by the trip organizer as a result of their default. The traveler is obliged to provide the organizer with all documents, information and elements in its possession useful for the exercise of the latter’s right of subrogation against third parties responsible for the damage. The traveler is liable to the organizer for the prejudice caused to the right of subrogation. The consumer will also notify the organizer in writing at the time of booking of any special personal requests that may be the subject of specific agreements on the arrangements for the trip, provided that it is possible to implement them.
SELLING SINGLE SERVICES
Contracts having as their object the sale of single services (of accommodation, transportation, etc…) and which therefore do not concern a tourist package, are governed by CCV art. 1, no. 3 and no. 6; art. 17 to 23; art. 24 to 31, with the exclusion of what concerns a travel organization contract. The other general conditions of sale set forth above are also applicable without configuring, in any case, a tourist package. A seller who undertakes to procure an individual tourist service to a third party, even electronically, is obliged to issue the traveler with documents relating to this service, showing the amount paid for the service, and cannot in any way be considered a travel organizer.
LUGGAGE
Luggage travels at the participants’ own risk and ACE TOUR SM srl cannot under any circumstances be held responsible for any loss, theft or damage, during the trip or stay itself.
REPLACEMENT
In case of force majeure ACE TOUR SM srl reserves the right to replace hotels with others of the same or higher category in the same or neighboring locations or areas.
COMPETENT COURT
For any disputes and controversies, the Court of RSM shall have exclusive jurisdiction.
INFORMATION PURSUANT TO ART. 13 LEGISLATIVE DECREE. 196/03
In accordance with the provisions of current privacy legislation, ACE TOUR SM srl guarantees the utmost confidentiality of the data communicated. The same will be processed in compliance with art. 11 of Legislative Decree. 196/03
PRIVACY
The processing of personal data is effected both in paper and digital form, in full compliance with D. Lgs 196/03, for the purposes of the conclusion of the contract and for the performance of the services that will be the subject of the tourist package. The provision of data is necessary. Personal data will not be disseminated, but only communicated to the suppliers of the services that make up the purchased tourist package.
AIR CARRIER LIABILITY
Compensation in case of death or injury: There are no financial limits of liability in case of passenger injury or death. For damages up to 113’100 SDR (approximate equivalent in 130000€ local currency) the air carrier cannot contest claims. Beyond this amount, the air carrier can only contest a claim if it can prove that the damage is not attributable to it. Advance Payments In the event of injury or death of a passenger, the carrier must make an advance payment within 15 days of identifying the person entitled to compensation to meet immediate economic needs. In case of delay, the carrier is liable for the damage unless it has not taken all
possible measures to avoid it or it was impossible to take such measures. Liability for the damage is limited to 4694 SDR (€5,000 approximate equivalent in local currency).
In case of delay, the air carrier is liable for the damage unless it took all possible measures to avoid it or it was impossible to take such measures.
The air carrier is liable in the case of destruction, loss or damage of baggage up to SDR 1,131 (€1,300 approximate equivalent in local currency).
In the case of checked baggage, the air carrier is liable for the damage even if its conduct is without fault, unless there is an inherent defect in the baggage itself. In the case of unchecked baggage, the air carrier is liable for damage even if its conduct is without fault, except for defect inherent in the baggage itself. As for unchecked baggage, the air carrier is liable only if the damage is attributable to it. Passengers may benefit from a higher limit of liability by making a special declaration, no later than at the time of check-in, and paying a surcharge.
If the air carrier operating the flight is not the contracting air carrier, the passenger has the right to file a claim or complaint with either. If the name or code of an
air carrier appears on the ticket, that carrier is the contracting air carrier.
Legal action must be brought within two years from the date of arrival or the date on which the flight should have arrived. The above rules are based on the Montreal Convention of May 28, 1999, implemented in the Community by Regulation (EC) No. 2027/97, (as amended by Regulation (EC) No. 889/2002) and the national laws of the member states.
TECHNICAL ORGANIZATION:
ACE TOUR SM SRL – Via Consiglio dei sessanta, 99 – 47891 Dogana – Rep. of San Marino
For more information on the main rights guaranteed by EU Directive 2015/2302, see the official page:
https://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L2302