General Terms of Sale / Contract of Organized Tours by Be As A Local Srl.
1) Definition of an organized tour
The tour packages are travels, holidays, all included tours, cruises, which result from the combination, created from anyone and anyway, of at least two of the following elements, sold or offered for sale at a set price: a) transport; b) accommodation; c) tourist services which are not tied to transport or accommodation, which constitute, for the satisfaction of the traveler's needs, significant part of the organized tour. The separate billing of the elements of one package does not relieve Be As A Local Srl to the obligations of this article.
2) General terms of contract
The sale of travel packages, with as object services to provide in national and international territories, is regulated, until its abrogation, by the legislative decree of May, 23rd 2011, article 3 (the "Tourism Code"), by law 27/12/1977 n. 1084 ratifying and implementing the International Convention on Travel Contracts (CCV), signed in Brussels on 23/04/1970 - as applicable - and by the Tourism Code (Arts. 32-51) and its subsequent amendments and the provisions of the Civil Code concerning transport and mandate.
3) Booking and payment
Bookings will be accepted until all available places are filled. They will be considered valid only if confirmation is followed immediately by an advance payment of 50% of the total cost of the holiday. The balance must be paid no later than 15 days before the starting date of the holiday. Failure to pay the above sums by the envisaged dates constitutes an explicit termination clause, such as to entitle Be As A Local to rightfully terminate the contract.
The price of the organized tour as determined by the contract can be modified up to 20 days before the departure, any variation can depend only on one of the following elements: a) transport costs, fuel included; b) royalties and taxes on some tourist services, such as duties, airport taxes, boarding and landing taxes at ports and airports; c) exchange rates applied to the organized tour. The upward revision cannot in any event exceed ten percent (10%) of the original amount.
5) Number of participants, reductions (No Shows), withdrawals
The number of participants must be communicated with the utmost precision. Significant decreases relative to the number of participants can determine tariff and performance adjustments. Furthermore, a lack of arrivals with respect to the last rooming list transmitted could determine the application of the “no show” penalty (up to 100%).
The customer can back out of a contract without paying any penalty in the following cases: a) increase of the overall price exceeding 10%; b) significant modifications of one or more basic terms of the contract (such as variation of elements which are considered to be a fundamental part of the organized tour as a whole) proposed by the vendor after the drawing up of the contract, before the departure and without the customer's approval; c) in case of unavoidable and extraordinary circumstances, which occur at the place of destination or in its immediate vicinity, which have a substantial impact on the execution of the package or on the transportation of passengers to the destination;
In the aforementioned case, the customer has the right to a) take part in another organized tour of the same quality level or superior; or b) be refunded of all sums paid by him to Be As A Local within 7 working days from the receipt of the customer's damage claim, except for the costs incurred in the booking and space securing actions. The customer has to lodge his complaint to Be As A Local with a written communication within 2 working days from his receipt of the notification of the modifications applied to the organized tour. Any objection about the price of the journey and the single elements of the organized tour will not be accepted neither during the tour nor at the end of it.
The price which was established in the contract cannot be increased within 20 days before the scheduled date for the departure. In case of withdrawal from a confirmed tour, the following penalties will be applied:
For Tours with overnight stay:
30% within 30 days of the departure date
50% within 14 days of the departure date
100% within 7 to 0 days of the departure date
For Day Tours:
100% if less than 7 days
6) Cancellation of a tour
Be As A Local may, without indemnity, cancel the contract, in whole or in part, in the following case: a) exceptional circumstances; b) when the minimum number of participants stipulated in the travel document has not been reached, provided the customer has been informed thereof at least 20 days before the date of the scheduled departure. In both cases, if the contract is cancelled before its performance, the customer has the right to be refunded with the whole sum paid to Be As A Local. In case of a cancellation of a tour during its performance, the Be As A Local shall take all necessary measures in the interest of the travel to compensate both parts in an equitable manner.
7) Variations and modifications after the arrival
Be As A Local shall have the right to substitute hotels and/or localities with others of similar characteristics within 50 km from the destination as set out in the tour program, should this be made necessary by unforeseen circumstances.
After the arrival, if an essential part of the services scheduled in the contract cannot be supplied - for any reason, except for a personal fact of the consumer - Be As A Local will propose adequate alternatives for the rest of the tour which will not imply any further costs or obligations to the customer.
8) Transfer of the contract by the customer
A customer who cannot take part in the reserved tour has the right to transfer his reservation to another person, provided that such person satisfies the specific requirements relating to the services of the contract after having informed Be As A Local within at least 15 days before the scheduled date for the departure. In any case, Be As A Local will not be responsible for the non-acceptance of the new participant by any third party. The transferor and the transferee are responsible for the payment of the total price, as well as for any additional costs caused by said substitution.
9) Responsibilities of the customer
The customer is always required to inform Be As A Local and as the case may be, it's service suppliers, of any special needs or conditions (pregnancy, food intolerance, disability, etc.) and to explicitly specify the request for related personalised services. The customer assumes full and complete responsibility for checking and verifying all passport and visa requirements of the destinations and for complying with all laws of the country in the Itinerary.
As a guarantee of the total fulfilment of its obligations towards contracting parties, Be As A Local Srl. has stipulated a civil responsibility insurance policy with UnipolSai 1/72929/319/166453864 pursuant to Art. 47 of the Tourism Code.
11) Responsibilities of Be As A Local Srl
If third party products will be included in special packages, as an agent on behalf of this product or service, Be As A Local Srl shall not be liable under any circumstances for any failure by those service providers to fulfil such travel arrangements nor for any error, alteration or change of any kind made by those service providers following the acceptance of the booking by them. All coupons, vouchers, receipts and tickets are issued subject to the terms and conditions specified by those service providers. Be As A Local Srl, for itself, employees or agents, does not accept any responsibility for any act, omission, default or neglect of themselves, their employees or agents for injury, damage, or loss to persons or goods whatsoever or however the same may be caused and they do not warrant and are in no way responsible for the accuracy of any information given in statement made by their service providers in terms of travel arrangements.
12) Strike or suspension of the tour due to bad weather conditions
War events, military coups and riots, insurrections, natural calamities, plunder, terrorist attacks: these and other similar events are uncontrollable events, therefore the transporters and the vendor cannot be held responsible for them. Any additional cost borne by the customer will not be refunded, nor for the services which cannot be supplied due to the occurrence of these events. Furthermore, Be As A Local is not responsible for the non-use of the services due to delay or cancellation of air, sea and land transport.
Any complaint about alleged or attested inconformity in the services during the tour has to be immediately lodged to the supplier of the contested service (hotel manager, transporters, tour guide etc.) by requesting the performance of the service according to the terms of the contract (voucher, program). Within 10 days of the end of the tour, the customer and/or the operator has to send his/her written report to Be As A Local with all the available documents.
15) Jurisdiction and conflict solving
In the case of legal disputes, the court having jurisdiction shall be that of Trieste, Italy. Before filing a dispute to the Court, the top executives of the client and Be As A Local Srl. shall meet and make a good-faith attempt to resolve it.