General conditions

GENERAL TERMS & CONDITIONS TO THE TRAVEL PACKAGE CONTRACT

  1. INTRODUCTION

The Travel Package Contract, also hereinafter referred to as the ‘Contract’, comprises these General Terms and Conditions. These General Terms and Conditions have been laid out to ensure that the transaction between Travel Organizer / Intermediary and the client is clear and fair to both parties. These conditions cover virtually every aspect of your holiday from the moment you book to the moment you arrive back home. As we want everyone to know where they stand with us, these General Terms and Conditions clearly spell out our obligations to you and your commitments to us when you book a travel package with us from our brochure or from www.evolutiontravel.net hereinafter the ‘Site’ .

2. LEGISLATION

The sale of Travel Package under these General Terms and Conditions, with the aim of providing services both on Italian national territory and abroad, is regulated by United States Law and/ or in accordance with the application of foreign law as applicable under the rules of private international law.

3. DEFINITIONS

For the purpose of these terms and conditions the terms listed below shall have the following meaning:

a) Travel Organizer: shall mean the person who, in his own name and upon receipt of the payment of an inclusive price, undertakes to procure travel package to third parties, fulfilling the combination of the elements mentioned in point 4) below or offering the Traveller, also by means of an online system, the possibility to accomplish autonomously and purchase such a combination;

b) Travel Intermediary: the person who sells or undertakes to procure travel package in accordance with point 4) below, upon receipt of the payment of an inclusive price, even where this person does not exercise such activity on a professional basis or not;

c) Traveller: the buyer, the assignee of a travel package or any other person, even if not yet nominated, on condition that said person meets all the requirements set forward to benefit from the service, and on behalf of whom the principal contracting party undertakes to purchase travel package without receiving any payment.

4. THE NOTION OF TRAVEL PACKAGE

Travel Package have as its object the travel, vacations, ‘all inclusive’ vacation packages, and cruise vacations, resulting from the pre-arranged combination of no fewer than two of the following when sold or offered for sale at an inclusive price:

  1. (a)  transport;
  2. (b)  accommodation;
  3. (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, and shall include such pre- arranged combinations even when various components thereof are billed separately.

5. OBLIGATORY INFORMATION FOR THE TRAVELLER

Before the Contract is concluded the Travel Organizer / Intermediary shall provide the Traveller with the following information in writing or in some other appropriate form:

  1. general information about passport and visa requirements which apply to purchase of the package, including information about the length of time it is likely to take to obtain the appropriate passports and visas;
  2. health formalities required by national administrations for the journey and the stay;
  3. in the event of insolvency, the arrangements for security for the money paid over and, where applicable, for the repatriation of the Traveller.

Moreover, in good time before the start of the journey the Travel Organizer and/or the Travel Intermediary shall provide to the Traveller in writing the following information:

  1. where the package includes a transport component, the times and places of intermediate stops and transport connections as well as details of the place to be occupied by the Traveller, including cabin or berth on ship, sleeper compartment on train;
  2. the name, address, telephone number and e-mail address – of the representative of the Travel Organizer in the locality where the Traveller is to stay, or if there is no such representative of an agency in that locality, the person on whose assistance a Traveller in difficulty would be able to call, or, if there is no such representative or agency, a telephone number or other information which will enable the Traveller to contact the Travel Organizer during the stay;
  3. in the case of a journey or stay abroad by a child under the age of sixteen years on the day when the journey or stay is due to start, information enabling direct contact to be made with the child or the person responsible at the place where he is to stay; and
  4. information on the optional conclusion of an insurance policy to cover the cost of cancellation by the Traveller or the cost of assistance, including repatriation, in the event of accident or illness.

The Travel Organizer shall supply the Traveller with a written copy of the Contract and these Terms and Conditions. Such copy is sent to the Traveller by the Travel Organizer via email.

6. BOOKINGS

The proposal for a booking shall be set out in writing or in such other form as is comprehensible and accessible to the Traveller, also in electronic format, and is communicated to Traveller before the Contract is concluded. The Traveller accepts these Terms and Conditions in the name of all interested persons.
The Traveller shall provide with all necessary data in order to process booking and payment.

The acceptance of the booking proposal will be complete upon issuance of the Contract which, will be set out in writing, or in such other form as is comprehensible and accessible to the Traveller and are communicated to him before the Contract is concluded. A written copy of the Contract will also be supplied to the Traveller.

7. PAYMENT

When making a booking the Traveller must:

a) If a request for reservations was made more than 35 days prior to the date of departure (35th day excluded), full payment or a deposit of 25% of the price of the Travel Package shall be made and the remaining balance shall be paid within 35 days from the departure date by:

  • credit card,
  • bank transfer to the bank details communicated on e-mail by Evolution  Travel.

In the event where there is the need to issue the air ticket at the time of flight booking, the cost thereof shall be paid on confirmation of the booking by Traveller in addition to the amount due under the above paragraph.

b) If a request for reservation is made in less than 35 days prior to the departure date, you are requested to make payment of the full amount due in one or more solutions, choosing from the methods indicated on the Site during the booking process.

If for any reason Traveller fails to pay the sums in accordance with the provisions herein, and on the agreed dates, Evolution Travel reserves the right to cancel the booking as stipulated in clause 9 below

In the event that the reservation does not get confirmed by the Travel Organizer, prompt notice will be given to the Traveller and Travel Organizer will proceed by refunding the amount the Traveller has paid for the reservation of the Travel Package. If the payment was made by credit card, the amount will be refunded directly to the same credit card used by Traveller at the time of booking (the amount will be refunded within 30 days from the Traveller’s request). If payment is made via bank transfer, the Traveller will provide Evolution  Travel  with his/her bank details in order to proceed with the refund

  1. PRICE

The price of the Travel Package is laid down in the Contract and can be modified at any time up to 20 days prior to departure and only to allow for variations in:

  1. transport costs, including the cost of fuel,
  2. dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or
  3. the exchange rates which apply to the particular Travel Package.

For the calculation of these changes in price, Evolution Travel will refer to the parameters identified by it, and communicated to the Traveller in the Fact Sheet.

  1. CHANGES TO, AND CANCELLATION OF, THE TRAVEL PACKAGE BEFORE DEPARTURE

Where the Travel Organizer and/or Travel Intermediary is constrained, before the departure to alter significantly an essential term of the Contract it shall notify the Traveller as quickly as possible, indicating the provision in the Contract specifying the alternations made and their impact on the price. The Traveller needs to inform the Travel Organizer and/or Travel Intermediary of his decision as soon as possible and in any case not later than two (2) working days from the notification by the Travel Organizer of the changes.

Where the Traveller does not accept the proposed change, he or she can exercise the right to either receive a refund of the sum already paid or have his or her Travel Package exchanged for a substitutive Travel Package in accordance with article 12 below

Should the cancellation of the contract be due to circumstances other than unforeseeable circumstances, force majeure, failure to reach the minimum number of travellers or non-acceptance of the substitutive Travel Package by the Traveller, the Travel Organizer shall refund the Traveller a sum corresponding to double the sum paid by the same Traveller and/or received by the Travel Organizer from the Travel Intermediary. The refundable amount will never exceed the double of the amount which the Traveller would have been paid under Article 10 below if the Traveller had to cancel the Travel Package.

  1. CHANGES AFTER DEPARTURE

Where, after departure, Travel Organizer is unable to supply a significant proportion of the services included in the Contract, or the Travel Organizer becomes aware that he will be unable to procure a significant proportion of the services included in the Contract for any reason other than the fault of the Traveller, he shall make suitable alternative arrangements at no additional cost to the Travellers for the continuation of the Travel Package and will where appropriate compensate the Traveller for the difference between the services to be supplied under the Contract and those actually supplied.

If impossible to make arrangements as described in the paragraph above, or these are not accepted by the Traveller on reasonable grounds, the Travel Organizer shall, where appropriate, provide the Traveller with equivalent transport back to the place of departure or to another return place to which the Traveller has agreed and shall compensate the Traveller accordingly.

  1. TRANSFER OF BOOKINGS / SUBSTITUTION

Where the Traveller is prevented from proceeding with the Travel Package, the Traveller may transfer his booking to a person who satisfies all the conditions applicable to the Travel Package provided that the Traveller gives reasonable notice in writing (of at least 4 working days prior to departure date) of his intent to transfer the booking before the specified departure date to the Travel Organizer and / or Travel Intermediary. The Travellers shall promptly provide the personal details of the person substituting him/her.

The assignor and the assignee are jointly and severally liable for the payment of the price of the Travel Package or, if the price has already been paid, for payment of the balance and, for any additional costs arising from such transfer.

  1. TERMINATION OF THE CONTRACT BY THE TRAVELLER

The Traveller can terminate the contract without incurring any penalties if:

– the price mentioned in Article 8 above increases by more than 10%;

– where the Travel Organizer and/or Travel Intermediary is constrained, before the departure to alter significantly an essential term of the Contract and such change is not accepted by the Traveller;

In the circumstances listed above the Traveller has the right to either:

  • be offered a substitutive Travel Package without having to pay the difference in price, or obtain a refund of the difference in price if the substitutive Travel Package is cheaper than the one first chosen; or
  • obtain a refund of the sum already paid under the Contract.

The Traveller shall communicate his or her decision (i.e. to accept the substitutive package or to terminate the Contract) to the Travel Organizer and/or Travel Intermediary by no later than (2) two working days from the moment the same Travel Organizer and/or Travel Intermediary has sent notification of the increase or change.

If the traveller fails to communicate his or her decision to the Travel Organizer and/or Travel Intermediary within the terms stated herein, the increase or change notified by the same Organizer and/or Travel Intermediary shall be deemed to have been accepted by the Traveller. These terms specifically exclude the right of withdrawal of the Traveller provided for distance contracts and off- premises contracts.

If the Traveller terminates the Contract before departure owing to circumstances other than those mentioned above and independently of any payment done in accordance with Article 7 above, he/she shall bear the payment of the applicable individual booking fee, the penalty stipulated in the Fact Sheet of the catalogue or of the travel program not forming part of the catalogue or of any custom made trip, the cost of the insurance cover which was requested upon conclusion of the Contract or for any other services already provided. In the case of groups, such sums will be agreed upon from time to time and upon signature of the Contract.

  1. THE TRAVELLER’S OBLIGATIONS

During the negotiation and, in any case, before the execution of the contract, the Travel Organizer and/or Travel Intermediary shall provide the Traveller in writing, with all the general information pertaining to the health formalities required by national administrations for the journey and the stay and general information about travel documents which are necessary for the trip (passport and visa). This information will be up-to-date at the time of printing of the Travel Package catalogue / brochure and also on the Site.

In any case the Traveller shall, before the date of departure, ensure that he /she has checked all relevant and updated information via the competent authorities

Should the Traveller fail to obtain the information detailed in the previous paragraph, the Travel Organizer or Intermediary cannot be held responsible for the Traveller’s impossibility to depart.

The Traveller shall communicate to the Travel Organizer and/or Intermediary his or her nationality and, at the time of departure, he or she shall make sure of being in possession of all the necessary vaccination certificates, a valid passport and any other document which is necessary to travel into and out of the countries in the itinerary, as well as all the travel visas and the health certificates which may be requested.

Furthermore, the Traveller shall respect all the customary rules of diligence and caution and all the specific rules in place within the countries of travel, all the information provided by the Travel Organizer, and all the regulation and administrative or legislative provisions regarding the Travel Package. The Traveller will be liable for any and all the damages which the Travel Organizer and/or the Travel Intermediary may incur due to the non-compliance with the obligations herein, including any incurred repatriation expenses.

At the time of the booking of the Travel Package, the Traveller shall communicate in writing to the Travel Organizer any special requirements, which may be regulated by specific agreements if they can be satisfied.

However the Traveller is obliged, when making the booking, to inform the Travel Organizer and/or the Travel Intermediary about any requirement or special conditions (for example: pregnancy, food allergies, disabilities and so on) and to clearly specify the request for this personalized services.

  1. HOTEL CLASSIFICATION

The official hotel classifications are provided on the basis of the official and explicit information received by the competent authorities in the countries where the hotels are located.

Where official classification has not been assigned to the hotels by the competent public authorities in the countries where the hotels are located such classification shall be established by the Travel Organizer on the basis of proper valuation criteria and quality standards

  1. LIABILITY

The Travel Organizer is liable to the Traveller for the proper performance of the obligations under the Contract, irrespective of whether such services are to be performed directly by the Travel Organizer or other suppliers of services, unless the Travel Organizer proves that the failure to perform the Contract is attributable to the Traveller or such failures to perform the Contract are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable, or such failures are due to:

  • unusual and unforeseeable circumstances beyond the control of the Travel Organizer or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or
  • an event which the Travel Organizer or the supplier of services, even with all due care, could not foresee or forestall

The above shall not affect any right of action which the Travel Organizer may have against the Intermediary or those other suppliers of services.

  1. COMPENSATION LIMITS

The applicable compensation limits, and the relevant periods of limitation, applicable to damage arising from the non – performance or improper performance of the services involved in the Travel Package are subject to the set limits, of the International Convention on Travel Contracts (CCV).

  1. ASSISTANCE OBLIGATION

The Travel Organizer shall provide the Traveller with prompt assistance to Traveller in difficulty, applying professional diligence, exclusively in relation to their contractual and legal obligations.

The Travel Organizer and Travel Intermediary are not deemed liable for the non-performance or partial performance of the Contract when this arises from circumstances which are attributable to the Traveller, unforeseeable or unavoidable circumstances, unforeseeable incidents, or force majeure.

  1. COMPLAINTS AND CLAIMS

The Traveller shall at the earliest opportunity and without unnecessary delay, in writing or other appropriate form, communicate to the Travel Organizer / Intermediary, any failure in the performance of the Contract so that the Travel Organizer / Intermediary may resolve the matter without further delay.

Notwithstanding the Traveller’s obligations stated herein, the Traveller shall however, file a claim by sending a registered letter with return receipt requested to the Travel Organizer or the Intermediary, within ten (10) working days from the date of return to the place of departure.

  1. INSURANCE FOR CANCELLATION AND REPATRIATION EXPENSES

If not included in the price of the holiday, it is possible, and advisable, to take out a special insurance policy to cover expenses due to cancellation of the Travel Package, injuries/ healthcare, loss and/or damaging of baggage, at the time of booking at the Travel Organizer’s or the Intermediary’s premises. It is also possible to take out a special assistance contract to cover repatriation expenses in case of accidents or illness.

The Traveller’s rights arising from the insurance policies mentioned herein shall be exercised by the Traveller directly against the relevant insurance companies in accordance with the terms and conditions set forth in the relevant insurance policies. Travel Organizer / Intermediary, notwithstanding its assistance obligation, can refuse the request to Travel Package in cases where the Traveller cannot prove to be in possession of a suitable insurance policy covering health care and/or repatriation expenses.

  1. Privacy and Data Protection

Evolution Travel hereby informs you that any personal data disclosed for the purposes of this Contract will be processed and stored by Evolution Travel in accordance with the rules and procedures described in the Data Protection Act. Appropriate measures are taken to protect the personal data from accidental destruction or loss or unlawful forms of processing. Any refusal on your end, to provide Evolution Travel with the necessary personal data, might hinder the possibility to conclude this Contract and to provide the Travel Package services.

Any such data may be disclosed to third parties and/or employees and/or subsidiaries and/or affiliates of Evolution  Travel  (for instance the competent authorities, the insurance companies, correspondents or Evolution Travel ’s local representatives, suppliers of services for part of the Travel Package services) for the performance of Evolution  Travel ’s obligations under this Contract and to ensure proper execution of the Contract which is being signed between Evolution  Travel  and yourself.

Evolution Travel hereby informs you that you may request Evolution Travel or any other person processing your data on Evolution Travel ’s behalf to amend/remove any of the data which is not accurate, or which due to change in circumstances has become inaccurate. You hereby agree and understand that from time to time you may be asked by Evolution Travel to confirm the accuracy of your personal data as held by Evolution Travel and that Evolution Travel shall in no manner be held responsible for your failure to notify it of any changes in your personal data in accordance with the above –indicated procedure. The personal data in any case may be deleted at any time you request.

By signing this Contract you declare to have received complete information in relation to data. You also consent to the processing of your personal.

  1. Schedules, Attachments, addendums, Applicable Law and Jurisdictio

Any schedules, attachments and addendums to this Agreement shall form an integral part thereof and shall be read, construed, understood and are applicable as one document. This Agreement shall be interpreted and construed in accordance with United States Law and the United States Courts/Tribunals shall have exclusive jurisdiction over any claim or dispute arising under this Agreement.