1.  GENERAL TERMS AND CONDITIONS

The sale of travel packages, or the travel contract,  providing service in either Italy or abroad, shall be governed by Law no. 1084 of 27 December 1977, ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23 April 1970, as applicable, and the Consumer Code.

                        2.  BOOKINGS

Bookings will be accepted by Vinodila’ until all spaces are filled. The booking shall be valid upon confirmation and the simultaneous making of an advance payment. Vinodila’ reserves the right to cancel the trip if it fails to obtain the minimum number of participants, where provided, and shall inform the traveler of any cancellation at least 8 days prior the date the trip is scheduled to start.

                        3.  PAYMENTS

An advance payment of 25% of the price plus the entire registration fee must be made at the time of booking. The balance must be paid no later than 30 days prior to departure. The entire amount must be paid upon registration if booking is made within 30 days of departure.

Failure to pay these amounts by the dates provided constitutes a breach of this contract such as to give rise, on the part of the Organizer, to the right to cancel the contract, except as may otherwise be agreed by the parties on a per-case basis.

                        4. PRICE

Prices are calculated based upon the tariffs for services in effect as of 1 January 2006.

The prices may change at any time due to changes in transportation tariffs, including fuel costs, and in the cost of travel services. If the price increases overall by more than 10%, the traveler has the right to withdraw from the contract by notifying the Travel Organizer in writing within 48 hours of receiving notice of the increase.

                        5.  WITHDRAWAL OF THE TRAVELLER

The traveler may withdraw from the contract, without penalty, in the following instances:

- the price increases by more than 10%;

- changes in any significant way of one or more parts of the contract that is/are objectively fundamental to enjoyment of the travel package as a whole and are offered by the Organizer after the contract has been concluded but prior to departure and not accepted by the traveler.

In the cases listed above, the traveler has the right to either:

- make use of the alternate travel package, without being required to pay a supplement or receive a refund of any difference in the price if the second travel package costs less than the original package;

- receive a refund of any sums already paid. The refund must be made within seven business days of receipt of the request for a refund.

The traveler must notify the Organizer of his decision (to accept the change or withdraw) no later than two business days of receiving notice of the increase or change. Failure to provide an express decision within such time period shall be treated as acceptance of the Organizer’s proposed change.

A traveler who withdraws from the contract prior to the departure date for any reason other than those listed above shall be required to pay administrative costs and the penalty fee calculated as follows:

10% of the price up to 30 days prior to departure

30% of the price between 29 and 21 days prior to departure

50% of the price between 20 and 14 days prior to departure

75% of the price between 13 and 8 days prior to departure

·          100% of the price within 7 days prior to departure

And the entire registration fee.

                        6.  SUBSTITUTIONS

The traveler may substitute himself with another person for the purposes of carrying out the contract provided that:

a. the Organizer is notified in writing of the substitution and the information concerning the replacement traveler at least four business days prior to the date for the start of the trip;

b. the replacement traveler satisfies the specific requirements for the trip (pursuant to Art. 89 of the Consumer Code), especially any passport requirements, visas and health certificates;

c. the replacement traveler compensates the Organizer for all additional costs caused by such substitution that shall be indicated prior to the substitution.

The original and the replacement traveler are jointly and severally liable for the payment of the balance of the price as well as the amounts indicated in (c) above.

Additional terms and conditions regarding substitutions are contained in the schedule to each travel package contract.

                        7.  OBLIGATIONS OF THE TRAVELLER

Travelers must possess an individual passport or other document valid for travel to the countries to be visited, as well as stay and transit visas and health certificates, if required. They must also use normal care and diligence and respect the customs and rules of the countries in which they travel, all the information provided to them by the Organizer, as well as the regulations and administrative and legislative provisions applicable to the travel package. Travelers shall be held liable for all damages that the Organizer suffers due to their breach of the above obligations.

The traveler is required to provide the Organizer with all documents, information and facts in his possession useful for the exercise of the latter’s right of subrogation against third parties responsible for damages and is liable to the Organizer for any compromise of its right of subrogation.

The traveler shall also notify the Organizer in writing at the time of booking of any special personal requests that could be the subject of special agreements on the conditions of the trip, provided that they are possible to implement.

                        8.  LIABILITY

The Organizer is liable for harm caused to the traveler due to its total or partial failure to provide the contractually agreed services, whether provided by the Organizer personally or by a third-party service provider, unless it is shown that the incident was the fault of the traveler (including actions undertaken autonomously by the traveler while the travel services are being provided) or arises from events unrelated to the provision of the agreed services, from chance events, from force majeur or from events that the Organizer itself could not, using professional care, have reasonably foreseen or resolved.

The seller with whom the booking was made is not liable for any incident arising from obligations deriving from the organization of the trip, but is solely liable for obligations arising from his capacity as intermediary and, in any event, is only liable to the extent provided by applicable law.

                        9.  LIMITATIONS ON COMPENSATION

Compensation for damages to persons shall not in any case exceed the limits established in the international conventions to which Italy and the European Union are parties with regard to breach of services for which it is liable. In any event, the limit on compensation cannot exceed the amount of 50,000 Germinal francs for personal injury, 2,000 Germinal francs for damages to things, 5,000 Germinal francs for any other damages (Art. 13(2) of CCV).

                        10.  OBBLIGATION TO PROVIDE ASSISTANCE

The Organizer must provide assistance to the traveler as required by the standard of professional care solely with regard to the obligations imposed on it by law or contract.

The Organizer and the seller are exempt from their respective liabilities (Arts. 8 and 9 of the General Terms and Conditions) when the failure or imprecise performance of the contract is the fault of the Traveler or is due to a third-party event of an unforeseeable or unavoidable nature, chance or force majeur.

                        11.  CLAIMS AND COMPLAINTS

The traveler must immediately notify the Organizer, its local representative or tour leader of any failure to perform under the contract so that the failure may be timely remedied.

The traveler must—upon penalty of forfeiture—also lodge a complaint by sending a registered letter with return receipt to the Organizer or seller no later than 10 business days from the date of return to the point of departure.

                        12.  INSURANCE AGAINST CANCELLATION COSTS AND REPATRIATION

If not expressly included in the price, it is possible, and advisable, to obtain a special insurance policy that covers costs arising from the cancellation of the package, accidents and baggage and the time of booking at the offices of the Organizer or seller. The traveler may also obtain an insurance policy that covers the costs of repatriation in the event of accident or illness.

                        13.  GUARANTEE FUND

The Tourism Department of the Ministry for Productive Activities has created the National Guarantee Fund (“Fondo Nazionale di Garanzia”) to which the traveler can turn (in accordance with Art. 100 of the Consumer Code), in the event of the insolvency or declare bankruptcy of the seller or the Organizer, for protection of the following:

a) reimbursement of the price paid;

b) repatriation in cases of foreign travel.

The fund must also provide immediate economic assistance in the event of forced re-entry of tourists from non-EU countries in the event of emergencies that may or may not be attributable to the Organizer.

The conditions for assistance from the Fund are set out in Prime Ministerial Decree no. 349 of 23 July 1999, published in Gazzetta Ufficiale no. 249 of 12 October 1999.

INSURANCE COVERAGE

Policy no. 421840/N – Navale Assicurazioni Spa pursuant to Executive Order 111/95

ADDENDUM TO THE GENERAL TERMS AN CONDITIONS FOR THE SALE OF INDIVIDUAL TRAVEL SERVICES

A) APPLICABLE LEGISLATION

Contracts for just transportation, accommodations or any other separate travel services, which are not related to the organization of trips or travel packages, are governed by the following provisions of the CCV: Arts. 1, 3 and 6; 17 to 23; 24  to 31, as to the provisions that differ from those regarding the organization contract as well as other specific agreements related to the sale of individual services.

B) TERMS AND CONDITIONS OF CONTRACT

The following clauses of the general terms and conditions of the sale of travel packages stated above are also applicable to the separate-services contract: Arts. 2, 3, 5, 6, 7, 10 and 12. The application of these clauses does not in any way mean that the relative contracts are travel packages. The terms used in the cited clauses regarding the travel package contract (Organizer, trip, etc.), therefore, are understood to refer to the corresponding concept in the contract for the sale of individual travel services (seller, stay, etc.).

Notice pursuant to Art. 16 of Law269/98: Crimes involving child pornography or prostitution, even if committed abroad, are punishable under Italian law with a term of  imprisonment.