General conditions

The travel contracts inserted in this brochure are governed by the legislative decree nr. 206 of 06 September 2005 containing the Consumer code which substitutes the D.LGT n. 111 of the 17/05/95 (repealed) of the implementation of the Directive 90/134/CEE. Regarding the sale of Individual Services one is referred to the international Convention concerning travel contracts acknowledged by the Italian State with the law n. 1084 of the 27/12/1977 (art. 1 n.3 and n. 6, art. From 17 to 31). For the administrative details of the sector, art, 74 of the DPR n. 633 of the 26/10/1972 and successive modifications, in particular the D.L n.313 of the 02/09/1977 and the D.M. of the 30/07/1999. Travel contracts and responsibility: the travel contracts inserted in the present programme are to be governed not solely by the present general conditions but also by clauses indicated in the travel documents sent to the client. The said contract will moreover be subject to the law1084 of the 27/12/1977 for ratification and Execution by the International Convention on Travel Contracts (CCV) signed in Brussels on the 23 April 1970 as well as the cited D.L. 111/95. The responsibility of MB Holidays - Incanti Mediterranei may under no circumstances exceed the limits of the laws cited. Bookings: the bookings will have to be communicated to MB Holidays- Incanti Mediterranei. The acceptance of the booking is subject to the availability of places and will only come into force, with the subsequent conclusion of the contract, only at the moment of written confirmation on the part of MB Holidays- Incanti Mediterranei. Payments: on booking a payment must be made to the organizing client which is equal to 25% of the price per person of participation in the holiday. The balance must be paid to the organizing client 20 days before departure. For subscriptions made thirty days before departure the whole sum must be paid. The failure to make payments as stipulated above constitutes an express termination clause of the contract such as will determine its resolution, except in the case of compensation being made for damages incurred MB Holidays- Incanti Mediterranei. Validity of the price of participation: the prices may vary up to 20 days preceeding departure resulting from changes in exchange rates, the tarriffs of carriers and the cost of tourist services. If the increase in the whole price exceeds 10% the organizing client is allowed to withdraw from the contract as long as it communicates it in writing to MB Holidays- Incanti Mediterranei within two working days of receiving the communication regarding the increase. Otherwise the increase will be considered accepted. In the case of an increase of less than 10% the Client Organizer may not withdraw from the travel contract. Even in this eventuality the organizer is bound to communicate the change in writing within 20 days of the date fixed for departure  by means of fax or telegram to the Client Organizer and recoup the sum in question. The withdrawal of the client and substitutions. If a participant enrolled in the holiday should withdraw then it should be communicated to the Client Organizer and the same will have to contact MB Holidays- Incanti Mediterranei via telephone or fax . This person will have the right to be reimbursed excluding the inscription cost if relevant and the penalties listed below which will be calculated based on the total amount paid as well as the costs  of expenses incurred by the cancelation of the service:

10% up to 30 days before the start of the trip;
15% up to 21 days before the start of the trip;
20% up to 11 days before the start of the trip;
50% thereafter;

For all combinations, no reimbursal will be accorded to the Client Organizer for whomever does not present themselves at the departure or decides to pull out during the trip itself. The Client Organizer will be able to substitute the renouncing participant with another person assuming that the communicaion arrives in enough time for the modifications, in any case within four working days before departure.  MB Holidays-Incanti Mediterranei reserves the right without obligation or responsibility to: reimburse any sums recovered regarding services not availed of as a result of their having been given up; reimburse any sums recovered regarding services not availed in the course of the trip for different services obtained a long as the traveller obtains documentation written to the Client Organizer presented by means of telegram, registered letter or fax to MB Holidays-Incanti Mediterranei.

Cancellation of the trip by the organizer – in the case that  MB Holidays-Incanti Mediterranei cancels the trip before departure for any reason or circumstance which is regarded as exceptional, independent of its will, an alternative tourist package of equal quality will be offered to the Client Organizer, and if it is not available, of superior quality without an increase in price. On no account will they be able to advance requests for compensation for damages if the cancellation depends on the failure to reach the minimum amount of participants requested(30 people for all programmes with stays of more than three days). That shall always be brought to the knowledge of the Client Organizer at least 15 days before the date of departure. In the case of the holiday consisting only of hotel, apartment or residence  stays on the part of individual clients, MB Holidays-Incanti Mediterranei does not require a minimum number. The responsibility of the organizer of the trip. MB Holidays-Incanti Mediterranei is liable for damages caused to the Client Organizer in the case of total or partial non-fulfilment of the services contractually due, both that the services be performed by the former and by the third party provider of services, unless it can prove that the event is derived from the fact that the Client Organizer (therein inclusive of initiatives autonomously assumed by the latter or those who represent it in the execution of tourist services) or by a party which is outside the provision of services as stipulated in the contract, by chance, by acts of God, or due to circumstances which the same holiday organizer, could not, according to professional diligence, reasonably have foreseen or resolved. Obligations on the part of the participants: the participants must abide by the rules of normal prudence and diligence and be mindful of all the information provided by MB Holidays-Incanti Mediterranei  as well as of the rules and administrative and legislative arrangements regarding the tourist package. The participants will be responsible for all of the damages that the holiday Organizer may incur due to their failure to adhere to the above obligations. The Client Organizer must provide MB Holidays-Incanti Mediterranei with all documents, information and elements in its possession which may be useful for the exercise of the right of subrogation of the latter with respect to a third party responsible for damage. The Client Organization is held responsible to MB Holidays-Incanti Mediterranei for any prejudice caused to the right of subrogation. Claims: any failure in the execution of services as stipulated by the contract acquired by the Client Organizer will have to be contested with due haste by the same or by the representative of MB Holidays-Incanti Mediterranei or by its local representative in order that a remedy may be found during the time of the trip. Any written claims must be sent to MB Holidays-Incanti Mediterranei by registered post, under penalty of expiration, within and not exceeding ten working days after the departure from the area of the trip. Baggage: baggage travels at the risk of the owner and MB Holidays-Incanti Mediterranei may under no circumstances be declared responsible for any damage or loss. Price: all prices shall be regarded as inclusive of VAT and service charges and all prices are relative to the services included in the section “the price includes” for each specific holiday programme. Admission to monuments: entrance to museums, monuments and public areas of antiquity are free for participants below 18 years of age and above 65; from 18 to 26 there is a 50% discount. Admission to private sites must be paid by all. Jurisdiction: for any controversy pertaining to the present contract the court of Naples shall be the exclusive arbitrar. Insurance: Surety policy and accident insurance certificate – Navale Assicurazioine S.p.a. Civil responsibility of the holiday organizers Nr. 175151 – Mondial assistance. Authorization from the Regione Campania granted on the 22/07/2008. Technical management on behalf of Massimo Borelli granted by the Regione Campania on the 19/05/2005 prot. N.616/CI of the 06/05 2005. Privacy: this tourist organization responds and acts according to the new law (Testo Unico) regarding the protection of private data (Privacy Code) D.L. 30/06/2003. Obligatory declarations according to art. 16of Law 3 August 1998 N.269. Italian law punishes with the penalty of imprisonment crimes relating to prostitution or child pornography, even if they are committed abroad.

MB Holidays-Incanti Mediterranei