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GENERAL CONDITIONS OF CONTRACT

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INTRODUCTION

The 6th of September 2005 Legislative Decree n. 206 introduced the “Consumer Code”, which abrogated, among others, D. L. 111/95 (which implements the European Directive 90/314/EC). The Consumer Code in Part III, Title IV, Chapter II (articles 82 – 100) presents the section “Tourist Services”, which regulates the sale and purchase of travel packages. Therefore, the travel packages contract of sale between Puntoviaggio and the Consumer is regulated by the Consumer Code and the following General Conditions of Contract.

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1) PARTIES TO THE CONTRACT OF SALE OF TRAVEL PACKAGES

In accordance with Art. 83 of the Consumer Code:

a) Organizer is the person who organizes the combination of elements pursuant to Article 84 and, in his own name and after receiving the agreed payment, undertakes to procure travel packages to third parties;

b) Retailer is the person who sells or undertakes to procure travel packages created pursuant to Article 84, after receiving the agreed payment;

c) Consumer is the purchaser, beneficiary of a travel package or any person he nominates, provided that he complies with all the conditions required to use the service, on behalf of whom the main buyer undertakes to purchase a travel package without remuneration.

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2) SUBJECT MATTER OF THE CONTRACT OF SALE OF TRAVEL PACKAGES

In accordance with Art. 84 of the Consumer Code, travel packages concern travels, vacations and included tours, that result from the combination of at least two of the following elements, sold at a predetermined price and that last for at least 24 hours or including at least one night: a) transportation; b) lodging; c) tourist services not related to the transportation and lodging, as described in Art. 86 paragraphs i), o), m), and that represent a significant part of the travel packages. The separate invoice of the different elements of the travel packages does not release Puntoviaggio or the Retailer from the obligations listed in the Consumer Code.

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3) THE FORM OF THE CONTRACT OF SALE OF TRAVEL PACKAGES

In accordance with Art. 85 of the Consumer Code, the contract of sale of travel packages has to be drawn up with written, clear and precise terms and the Consumer has the right to receive a copy of the contract, signed and stamped by the Organizer or the Retailer. This document is necessary in order to have access to the Guarantee Fund, according to Art. 100 of the Consumer Code.

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4) BOOKING

The travel package must be reserved by e-mail, including all the information required by the travel agency and the Consumer’s signature. The acceptance of the reservation by Puntoviaggio is subject to availability and it can be considered accepted when the Organizer sends a written confirmation, online or offline, directly to the Consumer. All the information concerning the travel package is included in the contract, in the travel agency pamphlets and whenever some relevant information is missing, it will be given by the Organizer before the beginning of the vacation, in order to comply with the dispositions of the Consumers Code. The reservations on behalf of a minor (less than 18 years old) must be signed by one of the parents, a legal tutor or the chaperone.

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5) BINDING AGREEMENT

It is possible for the Organizer to accept to conclude the contract at the condition that it is binding. This means that when the request of reservation is signed, it is final and cannot be cancelled by the client, irrespectively of the confirmation of the Organizer concerning the Consumer’s proposal. Therefore whenever the Consumer decides to cancel the reservation (which is a binding proposal), he will be subject to the obligations in case of noncompliance with the contract, in accordance with Art. 13.

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6) BOOKING COSTS

Booking costs are the fixed costs for the management of the reservation, the 24/7 customer information and assistance service and the documents delivery. The reservation prices per person are: accommodation, accommodation + travel, travel, 7 nights minimum: children 2/12 years old €15, adults €30; up to 3 nights: children 2/12 years old €10, adults €15. The booking costs cannot be refunded under any circumstances.

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7) PRICE

The travel package’s price is established in the Contract, which refers to what is indicated in the catalog or in the program outside the catalog, as well as any subsequent update of the catalog or the program.

The price is based on the minimum number of participants, which is indicated in the program.

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8) PAYMENT

Together with the signed reservation, which is a binding agreement, the Consumer will have to make a down payment, which is indicated in the tour program. The full payment will have to be made within the date specified in the catalog or in the program outside the catalog. In case of contracts signed during the 30 days prior to the beginning of the tour, the full payment will have to be made at the moment of the signing of the contract. The failure to fulfill the above mentioned payments within the deadlines represents an express resolutory clause, leading to the termination of the contract, whenever Puntoviaggio decides to take advantage of this clause.

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9) PRICE CHANGES

The price may vary up to 20 days before the beginning of the tour and any variation will have to be communicated to the Consumer by fax, e-mail or registered mail. The price variation is allowed only in case of changes in: I) transportation costs, including fuel costs; II) taxes on tourist services such as landing fees, embarkation and disembarkation fees, both in ports and airports; III) exchange rates applied to the contract. In order to account for these variations, the exchange rate at the time of the publication of the program, as written in the catalog, will be taken into consideration. Alternatively, the exchange rate at the time of subsequent updates will be considered. The variation will be taken into consideration by increasing the price of the travel package of a percentage that precisely represents the economic value of the variation. The price variations due to the reasons explained at points I), II) and III) that have been communicated up to 20 days before the beginning of the tour, which imply a price increase lower of equal to 10% of the original price, will never entitle the Consumer to a right of withdrawal from the contract. The price variations due to the reasons explained at points I), II) and III) that have been communicated up to 20 days before the beginning of the tour, which imply a price increase higher than 10% of the original price, entitle the Consumer, within 3 working days from the receipt of the variation notice, to: I) accept the variation or II) withdraw from the contract by giving immediate notice to Puntoviaggio. If the Consumer does not give any notice within 3 working days from the receipt of the variation notice, the variation will be considered accepted. According to Art. 92 of the Consumer Code, when the Consumer withdraws from the contract in the cases indicated by the above mentioned Article, he has the right to be refunded for any greater injury suffered from the missed fulfillment of the contract, unless the price increase higher than 10% that is not accepted is due to causes beyond reasonable control. Price reductions and promotions indicated in the catalog are not cumulative, unless specifically stated, and cannot be added to any other promotions available in the market. In addition, promotions are always offered to a limited number of people and they are not retroactive, so they are not applicable to reservations made before the date in which they come out.

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10) CHANGES TO THE TRAVEL PACKAGE BEFORE THE BEGINNING

Before the beginning of the tour, if Puntoviaggio has the need to significantly modify one or more elements of the contract, it has to immediately notify the Consumer, indicating the extent of the modification and the consequent price variation. If the Consumer does not accept the modification, he can withdraw from the contract without payment of a penalty and he will have the right to obtain (I) another travel package of equivalent or superior quality without any price increase, or (II) another travel package of lower quality, with the refund of the price difference, or (III) the refund of the payment within 7 working days from the moment of withdrawal. The Consumer must communicate his preferred choice to Puntoviaggio within 2 working days from the receipt of the notice containing the modification proposal. If the Consumer does not give any notice within the deadline, Puntoviaggio’s proposal will be considered accepted. According to Art. 92 of the Consumer Code, when the Consumer withdraws from the contract in the cases indicated by the abovementioned Article, he has the right to be refunded for any greater injury suffered from the missed fulfillment of the contract, unless the modification that is not accepted and causes the withdrawal is due to causes beyond reasonable control.

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11) TRAVEL CANCELLATION BEFORE THE BEGINNING OF THE TOUR

In case of written cancellation of the tour by Puntoviaggio before the beginning, when the cancellation is not due to Consumer’s negligence, the Consumer has the right to obtain (I) another travel package of equivalent or superior quality without any price increase, or (II) another travel package of lower quality, with the refund of the price difference, or (III) the refund of the payment within 7 working days from the moment of cancellation. The Consumer can exercise this right also when the travel is cancelled because the minimum number of participants, as stated in the catalog or in the program outside the catalog, is not achieved, or when the cancellation is due to causes beyond reasonable control or accidents, related to the travel package bought. When the cause of the cancellation is not the failure to meet the minimum number of participants, a cause beyond reasonable control or an accident (as long as the cancellation is communicated in writing at least 20 days before the beginning of the tour), Puntoviaggio will refund the Consumer with an amount doubled with respect of what the Consumer paid (according to Art. 33 of the Consumer Code). The amount of money refunded cannot be higher than the double of the amount that the Consumer would have to pay if he cancelled the participation to the tour, according to the following Article (Art. 12). According to Art. 92 of the Consumer Code, when the travel package is cancelled due to failure to meet the minimum number of participants, a cause beyond reasonable control or an accident (as long as the cancellation is communicated in writing at least 20 days before the beginning of the tour), in addition to the rights described at points (I), (II) and (III) of this Article, the Consumer has the right to be refunded for any greater injury suffered from the missed fulfillment of the contract.

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12) WITHDRAWAL FROM THE CONTRACT WITHOUT PENALTY

The Consumer can withdraw from the contract, providing a written notice within 2 working days (see the rest of the Article for more details), without having to pay a penalty if (I) there is an increase in the price of more than 10%, as explained in Art. 8, or (II) if Puntoviaggio, after the conclusion of the contract and before the beginning of the tour, makes a significant modification to one or more elements of the contract which are objectively fundamental to the fruition of the travel package and the modification is not accepted by the Consumer. In this case the Consumer has two alternative rights: (I) the usage of another one of Puntoviaggio’s travel packages without any price increase and with a refund of the price difference if the travel package has a lower value with respect of the one purchased by the Consumer; (II) the refund of the payment already made by the Consumer. This refund will be issued within 7 working days from the date in which the written request is received. The consumer will have to give written notice of his decision (to accept the modification or to withdraw from the contract) within 3 working days from the receipt of the notice communicating the modification or the price increase. If there is no communication within the deadline, Puntoviaggio’s proposal will be considered accepted. According to Art. 92 of the Consumer Code, when the Consumer withdraws from the contract in the cases considered in this Article, in addition to the right to (I) use another one of Puntoviaggio’s travel packages without any price increase and with a refund of the price difference if the travel package has a lower value with respect of the one purchased by the Consumer; (II) the refund of the payment already made by the Consumer, he also has the right to be refunded for any greater injury suffered from the missed fulfillment of the contract, unless the modification that is not accepted and causes the withdrawal is due to causes beyond reasonable control.

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13) WITHDRAWAL FROM THE CONTRACT: PENALTY

The Consumer who withdraws from the contract before the beginning of the tour for reasons other than the ones described in Art. 12, independently from the down payment made according to Art. 8, will be charged of the full price of the travel package and booking costs (which are not refundable) and the following penalty:

a) Travel packages including scheduled flights at regular rate (except what is indicated at point c) or special rate (except what is indicated at point b) and/or ground transportation (included buses) and/or accommodations in hotels and apartments:

* 10% for cancellations made up to 120 days prior to departure;

* 50% for cancellations made between 119 and 60 days prior to departure;

* 100% for cancellations made 59 days or less prior to departure;

b) charter flights or scheduled flights with a special rate (airport fees excluded):

* 10% of the flight price for cancellations made up to 30 days prior to departure;

* 50% of the flight price for cancellations made up to 15 days prior to departure;

* 100% of the flight price for cancellations made 14 days or less prior to departure;

c) Online ticket office

* 100% penalty for cancellations from the date of reservation onward

N.B. In calculating the number of days, the day of withdrawal (whose communication must be received during a working day) and the one in which the tour begins should not be considered.

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14) RESERVATION TRANSFER

If the Consumer cannot participate in the packaged trip that he has reserved, he can transfer the reservation to another person who meets all the necessary requirements, after having informed the Organizer through registered mail or, when urgent, telegram or telex. The communication must arrive up to 7 working days before the departure and it must contain the personal details of the beneficiary: name, surname, gender, date of birth, nationality. The new beneficiary must meet all the requirements necessary to be able to benefit from the service (Art. 89 of the Consumer Code) and, in particular, the requirements concerning the validity of the passport, visas and health certificates. The person replacing the Consumer must repay the Organizer of all the additional expenses due to the substitution of the beneficiary of the travel package. The amount of additional expenses must be determined before the transfer is made. The Consumer who transfers the travel package and the beneficiary are jointly liable for the additional expenses and the penalties due to the transfer. For some types of services, the provider of the service might refuse the modification of the beneficiary of the service, even if it is requested up to 4 days before the departure. Puntoviaggio will not be responsible for the refusal of the service provider. The refusal will be promptly communicated to all the interested parties by Puntoviaggio before the departure.

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15) MODIFICATIONS REQUESTED BY THE CONSUMER BEFORE THE DEPARTURE

Any change to a reservation which has been already confirmed, will result in a change expense that can go from €25 to €50, unless the change requires the payment of a penalty.

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16) CHANGES TO THE TRAVEL PACKAGE AFTER THE DEPARTURE

If Puntoviaggio, after the beginning of the tour, cannot provide an essential part of the services described in the contract, unless the change happens due to the Consumer’s fault, it will have to provide alternative solutions without any price increase. If the changed service has a lower value with respect of the one that should have been provided according to the contract, Puntoviaggio has to refund the Consumer for the value difference. If it is not possible to provide an alternative service or the solution proposed by Puntoviaggio is not accepted by the Consumer due to legitimate reasons, Puntoviaggio will organize a return trip to the departure location or another one as agreed with the Consumer, with means of transport equivalent to the original one, accordingly to the availability of means of transport and seats. Puntoviaggio will also refund the Consumer of the difference between the amount paid and the cost of the services offered until the moment of the early return.

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17) OBLIGATIONS OF THE BENEFICIARY

During the phase of negotiation and before the departure, European citizens will be provided with written general information related to the health obligations and the necessary documents needed to leave their Country. People with citizenship outside the European Union will obtain the same type of information through their Countries’ diplomatic entities in Italy and/or other official government channels. Puntoviaggio will not be liable for any loss of the Consumer resulting from the impossibility to begin and/or continue the tour due to irregularities or missing of personal documents necessary to leave the home Country (e.g. passport, visa, health certificate, vaccinations, driving license and vehicle registration documents, etc..). Given the specific characteristics of the services offered by Puntoviaggio, the Consumers that sign up for a travel package commit to gather information through the proper authorities, such as the Foreign Ministry, Consumers’ Associations in order to evaluate possible risks, precautions and safeguard measures for the Countries included in the travel program and to be able to freely and autonomously decide whether to participate or not to the trip. Consumers should also be aware that dangerous situations can rapidly vary and spread, therefore the official authorities’ information, even if provided with the maximum care, cannot be considered certain and therefore these information do not aim to be a substitution of the individual decision on whether to participate or not to the trip. As a consequence, Puntoviaggio will never be liable for any damage of loss faced during the tour due to the beginning or worsening of dangerous situations in the Countries visited. Moreover, the Consumer should comply with the general rules of caution, the ones specific for the Country visited, all the information provided by Puntoviaggio and all the administrative and legislative rules related to the travel package or the specific tourist service. The Consumers will be liable for any loss suffered by Puntoviaggio due to the non-compliance with the above-mentioned obligations. The Consumer must provide to Puntoviaggio all the documents, information and elements owned in order to grant Puntoviaggio the right to substitute the Consumer when dealing with third parties who are responsible for a damage. The Consumer will be liable towards Puntoviaggio for the impairment of the right of substitution. The Consumer should also communicate to Puntoviaggio at the moment of the reservation any specific request which would result in specific agreements on the way the tour will be provided, as long as the implementation of the requests by Puntoviaggio is possible. The Consumer, provided the Legislative Decree 196/03, must inform Puntoviaggio of any need or particular condition (e.g. pregnancy, food intolerances, diseases, disabilities, etc..) and specify the request of personalized services, which Puntoviaggio will try to satisfy at its best even if the request will not represent a contractual obligation. Consumers must have a passport, or other document, valid for all the Countries included in the program, as well as the visas and health certificates eventually needed. Group tours present a Chaperone(s) and/or a Coordinator(s) who is determined by the Organizer. Consumers should comply with the general rules of caution, the ones specific for the Country visited and all the information provided by the Organizer and/or Chaperone(s) and/or Coordinator(s), as well as with all the administrative and legislative rules related to travel packages. For safety reasons, Consumers are not allowed to leave the group or the itineraries that have been planned. If a Consumer decides to leave the group for any reason, he does so at his own risk and voluntarily gives up the right to be assisted and to receive other services and he cannot demand anything to the Organizer, Chaperone(s) and/or Coordinator(s) and/or the services provider. In this case, the Chaperone(s) and/or Coordinator(s) do not have an assistance duty as well as the obligation to provide any other service according to Art. 19 and Art. 20. Consumers will be liable for any damage that the Organizer suffered from the failure to fulfill the above-mentioned obligations. The Consumer undertakes to comply to the rules of the group which are, also verbally, communicated by the Chaperone(s) and/or Coordinator(s). These rules are based on safety and collaboration among the Consumers and therefore they imply the obligation to assist the other Consumers in need. Due to the particular characteristics of the tours offered, the weather conditions, the timing of the trip, the needs or experiences of the Consumers, the Chaperone(s) and/or Coordinator(s), taking into consideration the best solution possible, can choose without being questioned new strategies, itineraries and/or accommodation and variations to the program, which the Consumer undertakes to accept.

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18) ORGANIZER’S RESPONSIBILITIES

The Organizer is liable for any damage suffered by the Consumer due to the partial or total failure to provide the services agreed in the contract, irrespectively of whether the services are provided by the Organizer itself or by a third party, unless the Organizer can prove that the failure to fulfill the contract is due to the Consumer (including personal initiatives of the Consumer during the tour), causes beyond reasonable control or circumstances that the Organizer could have not possibly foreseen as a reasonable person. If it is impossible for the Consumer to follow the program or the itinerary planned, due to illness or injury of the Consumer, robbery, documents loss for any reason, accidents, damage of goods, vehicle, which are either owned by the Consumer or rented, all the costs needed to assist the Consumer, even if third parties intervention is required, will be complete responsibility of the Consumer, including eventual new accommodations, rentals and new carrier. In any case the Organizer and/or Chaperone(s) and/or Coordinator(s) cannot be considered responsible for the Consumer that, for any reason and necessity, leaves the group or does not show up.

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19) DELAYS IN THE DEPARTURE AND RETURN DAY

If in the hours prior to the departure or the return the Organizer must perform an operational modification due to causes beyond reasonable control, organizational reasons and/or reasons due to the airline or the naval service provider, Puntoviaggio is responsible for the minimization of the inconvenience for the Consumer. In this case the European regulation CEE n.295 (4.2.91) is applied.

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20) HOTEL CLASSIFICATION. DESCRIPTION AND PHOTOS

The official classification of the hotel is provided in the catalog or other informative material, based on the express and formal indications of competent authorities in the country in which the service is provided. When official classifications are not available provided by the Authorities, Puntoviaggio has the right to provide in the catalog a description of the accommodation. All the information published, both descriptions and photos, are purely informative of the locations, the accommodation and the services offered. Puntoviaggio is only responsible for what is shown in the catalogs, bearing in mind that locations and accommodations shown can change with time, and as a consequence can have different characteristics and appearance.

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21) LIABILITY SYSTEM

When Puntoviaggio is the Organizer of the travel package it is liable only for damages suffered by the Consumer due to the failure to partially or completely fulfill contractual obligations, both in the case that the services should be provided by Puntoviaggio or third parties, unless the Organizer can prove that the failure to fulfill the contract is due to the Consumer (including personal initiatives of the Consumer during the tour), circumstances unrelated to the provision of the services agreed in the contract, causes beyond reasonable control or circumstances that Puntoviaggio could have not possibly foreseen or solved. In addition, Puntoviaggio is not liable for accidents or damages to any good, even if they are not caused by the carelessness of one or more tour participants. When the Consumers travel under their own responsibility or the one of the vehicle owner, the Organizer and/or Chaperone(s) and/or Coordinator(s) are not liable for any material damage or personal injuries of the Consumers, goods and vehicles.

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22) LIABILITIES FOR PERSONAL INJURY

The compensation of personal injuries suffered by the Client, due to the failure to fulfill the obligations of the travel contract or mistakes in fulfilling them, according to Art. 94 of the Consumer Code, can never exceed the limits set by the International Conventions, and in particular by the Warsaw Convention of the 12th October 1929, concerning international carriage by air, executed with law 19/05/1932 n. 841, the Bern Convention of the 25th February 1962 concerning railway transport, executed with law 2/03/1963 n. 806 and the Bruxelles Convention (CCV) of the 23rd April 1970, executed with law 27/12/1977 n. 1084.

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23) LIABILITIES FOR DAMAGES OTHER THAN PERSONAL INJURIES

According to Art. 95 of the Consumer Code, Puntoviaggio, through written contractual agreement, can agree with the Consumer on limitations to the compensation for damages other than personal injuries, which occur due to the failure to fulfill the obligations of the travel contract or mistakes in fulfilling them. These limitations can never be lower than what is stated in Art. 13 of the Bruxelles Convention (CCV). In absence of an explicit agreement on this matter, the compensation for damages other than personal injuries is provided within the limits stated in Art. 13 of the Bruxelles Convention (CCV).

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24) EXEMPTION FROM LIABILITIES FOR PERSONAL INJURIES AND OTHER DAMAGES

According to Art. 96 of the Consumer Code, Puntoviaggio will not be liable in any case for personal injuries and other damages suffered by the Consumer due to the failure to fulfill the obligations of the travel contract or mistakes in fulfilling them, when this situation is caused by: (I) the Consumer’s behavior, or (II) unpredictable and inevitable events caused by third parties, or (III) accidental events, or (IV) causes beyond reasonable control, or (V) or circumstances that Puntoviaggio could have not possibly foreseen and/or solved as a reasonable person.

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25) ASSISTANCE TO THE CONSUMER

The Organizer, as a reasonable person, must assist the Consumer only when there is a law or contractual obligation to provide assistance. Puntoviaggio will never be liable for any damage suffered due to:

a) Failure of the Consumer to comply to recommendations and warnings provided by the Chaperone or the tour guide

b) Services provided by third parties that are not part of the travel package

c) Personal initiatives of the Consumer.

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26) COMPLAINTS AND CHARGES

All failures to fulfill the contract must be reported by the Consumer without delays in order for Puntoviaggio, its local representatives or the Chaperone to be able to solve immediately the problem. The obligation to promptly report any error and shortcoming represents a Consumer’s obligation to cooperate so that Puntoviaggio can correctly fulfill its obligations. If there is no prompt report there could be a joint liability of the Consumer himself. The Consumer can also submit a complaint through registered mail to Puntoviaggio, within 10 working days from the return to the starting point of the trip.

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27) INSURANCE FOR THE CANCELLATION AND RETURN EXPENSES

The travel package price includes insurance policies which, during the trip, guarantee personal assistance, refund for all the medical expenses, return expenses and injury benefits. In addition, the Consumer at the moment of the contract signature can request additional insurance policies:

a) “Cancellation Insurance” which covers for Puntoviaggio’s cancellation penalties

b) “Baggage Insurance” which covers for damages or loss of the baggages

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28) GUARANTEE FUND

The Office of Prime Minister (Presidenza del Consiglio dei Ministri) created a national Guarantee Fund that the Consumer can use, according to Art. 100 of the Consumer Code, in case of insolvency of the Organizer in order to guarantee the following:

a) refund of the money spent

b) the return trip in case of tours in foreign countries

In addition, the fund must provide immediate funds in case of emergencies, either caused by the Organizer or not, that force tourist to return from foreign countries. The ways in which the fund operates are established by decree of the Ministry of Economic Development, together with the Ministry of Economics and Finance, according to Art. 100 of the Consumer Code.

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29) COMPETENT COURT

This contract is regulated by the Italian rule. For any disputes concerning the contract the parties recognize the exclusive competency of the Milan Court, with the exclusion of any other court of the same level and/or alternatives established by the Italian law.

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30) PRIVACY DISCLOSURE

According to Legislative Decree n. 196 of the 30th June 2003 (Privacy protection Code) personal information about the Consumer will be used for direct marketing, which must follow the principles of correctness, licit and transparency and, in any case, according to the existing law on this subject. According to Art. 4 of the Legislative Decree 196/2003, the usage of personal information will be done through one or more of the following operations: collection (thanks to written or online forms), registration, organization, conservation, consultation, elaboration, modification, selection, confrontation, connection, interruption, communication, diffusion, cancellation and distribution of data. The personal information required is necessary for the implementation of the tour for each participant, in order to provide insurance policies, send to each participant programs and other informative materials. These data can also be used by Puntoviaggio, or its partners, to send marketing material and newsletters . Finally, each tour participant is granted for free the rights provided by Art. 7 of Legislative Decree 196/2003 and in particular they are granted a right of update, modification, integration or cancellation of personal information, by sending a written request to luca@puntoviaggio.com.

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