Contratto di viaggio – Convenzione di Bruxelles 23 aprile 1970

Monday, 23 February, 2009 | By Avvocato Luca Raffo | Categoria: contratto di viaggio turistico, Convenzioni internazionali

CONVENZIONE DI BRUXELLES 23 APRILE 1970

La Convenzione è stata resa esecutiva con l. 27.12.1977 n. 1084 ed è in vigore in Italia dal 4.10.1979

Chapter I

Scope of application

1. For the purpose of this Convention:

“Travel contract” means either an organized travel contract or an intermediary travel contract.

“Organized travel contract” means any contract whereby a person undertakes in his own name to provide for another, for an inclusive price, a combination of services comprising transportation, accommodation separate from the transportation or any other service relating thereto.

“Intermediary travel contract” means any contract whereby a person undertakes to provide for another, for a price, either an organized travel contract or one or more separate services rendering possible a journey or sojourn. “Interline” or other similar operations between carriers shall not be considered as intermediary travel contracts.

“Price” means any remuneration in cash, in kind or in the form of direct or indirect benefits of any kind whatsoever.

“Travel organizer” means any person who habitually or regularly undertakes to perform the contract defined in paragraph 2, whether or not such activity is his main business and whether on a professional basis.

“Travel intermediary” shall be any person who habitually or regularly undertakes to perform the contract defined in paragraph 3, whether such activity is his main business or not and whether he exercises such activity on a professional basis or not.

“Traveller” means any person who benefits from an undertaking defined in paragraph 2 or 3, whether the contract is concluded or the price paid by himself or by another person for him.

2. This Convention shall apply to any travel contract concluded by a travel organizer or intermediary, where his principal place of business or, failing any such place of business, his habitual residence, or the place of business through which the travel contract has bee concluded, is located in a Contracting State.

This Convention shall apply without prejudice to any special law establishing preferential treatment for certain categories of travellers.

Chapter II

General obligations of travel organizers and intermediaries and of travellers

3. In the performance of the obligations resulting from contracts defined in article 1, the travel organizer and intemediary shall safeguard the rights and interests of the traveller according to general principles of law and good usages in this field.

For the purpose of performing the obligations resulting from contracts defined in article 1, the traveller shall, in particular, furnish all necessary information specifically requested from him and comply with the regulations relating to the journey, sojourn or any other service.

Chapter III

Organized travel contracts

5. The travel organizer shall issue a travel document bearing his signature; instead of the signature, a stamp may be affixed.

6. The travel document shall include the following:

a) place and date of issue;

b) name and address of the travel organizer;

c) name of the traveller or travellers and if the contract was concluded by another person, the name of such person;

d) places and dates of beginning and end of th journey as well as of the sojourns;

e) all necessary specifications concerning transportation, accomodation as well as all ancillary services  included in the price;

f) where applicable, the minum number of travellers required;

g) the inclusive price covering all the services provided for in the contract;

h) circumstances and conditions under which yhe traveller may cancel the contract;

i) any clause providing for arbitration, agreed upon under the conditions of article 29;

j) a statement that, notwithstanding any clause to the contrary, the contract is subject to the provisions of this Covention;

k) any other terms the parties may agree upon;

In so far as particulars required in paragraph 1 appear in whole or in part in a prospectus supplied to the traveller, the travel document may simply make a reference thereto; any modification to such a prospectus must be set out in the travel document.

7. The travel document shall be prima facie evidence of the terms of the contract.

A breach by the travel organizer of the obligations incumbent upon him under articles 5 or 6 shall affect neither the existance nor the validity of the contract which shall remain subject to this Covention. The travel organizer shall be liable for any loss or damage resulting from such breach.

Unless the parties agree otherwise, the traveller may substitute another person for the purpose of carrying out th contract provided that such person satisfies the specific requirements relating to the journey or sojourn, and that the traveller compensates the travel organizer for any expenditure caused by such substitution, including non-reimbursable sums payable to third parties.

9. The traveller may at any time cancel the contract in whole or in part, provided he compensates the organising travel agent in accordance with domestic law or the provisions of the contract.

10. The travel organizer may, without indemnity, cancel the contract, in whole or in part,  if before the contract or during its performance, cicumstances of an exceptional character manifest themselves of which he could not have known at the time of conclusion of the contract, and which, had they been known to him at that time, would have given him valid reason not to conclude the contract.

The travel organizer may also, eithout indemnity, cancel the contract if the minimum number of travellers stipulated in the travel document has not been reached, provided the traveller has been informed thereof at least fifteen days before the date on which the journey or sojourn was due to begin.

In event of cancellation of the contract before its performance, the travel organizer shall refund in full any payments received from the traveller. In the event of cancellation of the contract during its performance, the travel organizer shall take all necessary measures in the interest of the traveller; furthermore, the parties shall compensate each other in an equitable manner.

11. The travel organizer may not increase the inclusive prce, except as a consequence of changes in rates of exchange or in the tariffs of carriers, and provided that this possibility has been anticipated in the travel document.

If the increase in the inclusive price exceeds ten per cent, the traveller may cancel the contract without compensation or reimbursement. In that event, the traveller shall be entitled to a refund of all sums paid by him to the travel organizer.

12. The travel organizer shall be responsible for the acts and omissions of his employees and agents when acting in the course of their employment or within the scope of their authority, as if such acts and omissions were his own.

13. The travel organizer shall be liable for any loss or damage caused to the traveller as a result of non-performance, in whole or in part, of his obligations to organize as resulting from the contract or this Convention, unless he proves that he acted as a diligent travel organizer.

Without prejudice to the questions as to which persons hve the right to institute proceedings and what are their respective rights, compensation payable under paragraph 1 shall be limited for each traveller to:

– 50.000 francs for personal injury,

– 2.000 francs for damage to property,

– 5.000 francs for any other damage.

However a Contracting State may set a higher limti for contracts concluded through a place of business located in its territory.

14. Where the travel organizer himself provides transportation, accomodation or other services connected with the performance of the journey or sojourn, he shall be liable for any loss or damage caused to the traveller in accordance with the rules governing such services.

15. Where the travel organizer entrust to a third party the provision of transportation, accomodation or other services connected with the performance of the journey or sojourn, he shall be liable for any loss or damage caused to the traveller as a result of total or partial failure to perform such services, in accordance with the rules governing such services. The travel organizer shall be liable in accordance with the same rules for any loss or damage caused to the traveller during the perfomance of the services, unless the travel organizer proves that he has acted as a diligent travel organizer in the choice of the person or persons performing the service.

Where the rules referred to in paragraph 1 do not provide for a limitation of liability, compensation payable by the travel organizer shall be set in accordance with article 13, paragraph 2.

In so far as the travel organizer has paid compensation for loss or damage caused to the traveller, he shall be subrogated in any rights and actions the traveller may have against a third party responsible for such loss or damage. The traveller shall facilitate the recourse of the travel organizer by providing him with the documents and information in his possession and, as the case may be, by assigning his rights to him.

The traveller shall have a right of direct action against a responsible third party, for a total or complementary compensation of the loss or damage caused to him.

16. The traveller shall be liable for any loss or damage caused by his wrongful acts or default to the travel organizer or persons for whom the latter is responsible under article 12 as a consequence of non-compliance with the obligations incumbent upon him under this Covention or under contracts subject thereto, wrongful acts or default being assessed having regard to a traveller’s normal behaviour.

Chapter IV

Intermediary travel contract

17. Any contract concluded by a travel intermediary with a travel organizer or with persons providing separate services, ahall be deemed to have been concluded by the traveller.

18. Where the intermediary travel contract relates to an organized travel contract, it shall conform to the provisions of articles 5 and 6, but in addition to the name and address of the travel organizer, it shall include thename and address of the travel intermediary together with a statement to the effect that the latter is acting as intermediary of the former.

Where the intermediary travel contract relates to the provision of a separate service rendering a journey or sojourn possible, the travel intermediary shall issue the traveller documents relating to such service, bearing his signature; instead of the signature, a stamp may be affixed.

These documents or the invoice relating thereto shall mention the amount paid for the service and contain a statement that notwithstanding any clause to the contrary, the contract is subject to the provisions of this Convention.

19. The travel document and other documentss referred to in article 18 shall be prima facie evidence of the terms of the contract.

A breach by the travel intermediary of the obligations incumbent upon him under article 18 shall affect neither the existence nor the validity of the contract which shall remain subject to this Convention.

In the event of a breach of his obligations under article 18, paragraph 1, the travel intermediary shall be deemed to be a travel organizer. In teh event of a breach of his obligations under article 18, paragrapgh 2, the travel intermediary shall be liable for any loss or damage resulting from such breach.

20. The traveller may at any time cancel the contract, in whole or in part, provide he compensates the travel intermediary in accordance with domestic law or the provision of the contract.

21. The travel intermediary shall be responible for the acts and omissions of his employees and agents when acting in the course of their employment or within the scope of their authority, as if such acts and omissions were his own.

22. The travel intermediary shall be liable for wrongful acts or default he commits in performing his obligations, wrongful acts or default being assessed having regard to the duties of a diligent travel intermediary.

Without prejudice to the questions as to which persons have the right to institute proceedings and what are their respective rights, compensation payable under paragrapgh 1 shall be limited to 10.000 francs for each traveller. However, a Contracting State may set a higher limit for contracts concluded through a place of business located in its territory.

The travel intermediary shall not be liable for non-perfomance, in whole or in part, of journeys, sojourns or other services governed by the contract.

23. The traveller shall be liable for any loss or damage caused by his wrongful acts or default to the travel intermediary or to persons for whom the latter is responsible under article 21 as a consequence of non-compliance with the obligations incumbent upon him under this Convention or under contracts subject thereto, wrongful acts or default being assessed having regard to a traveller’s normal behaviour.

Chapter V

Common provisions

24. The franc referred to this Convention is the gold franc weighing 10/31 of a gramme and a millesimal fineness of 0.900.

25. Where the loss or damage caused by non-performance, in whole or in part, of an obligation under this Convention gives rise to an extra-contractual claim, the travel organizer or intermediary may avail himself of the provisions of this Convention which exclude his liability or which set or limit the compensation payable by him.

26. Where the extra-contractual liability of one of the persons for whom the travel organizer or intermediary is responsible under articles 12 and 21 is at issue, such person may also avail himself of the provisions of this Convention which exclude the liability of the travel organizer or intermediary or which set or limit the compensation payable by them; the total amount of compensation payable shall in no circumstances exceed the limits established under this Convention.

27. A travel organizer or intermediary shall not be entitled to avail himself of the provisions of this Convention which exclude his liability or set or limit the compensation payable by him if the traveller proves that the loss or damage was caused by a wrongful act or default committed by the travel organizer or intermediary or by one of the persons for whom he is responsible under articles 12 and 21 with the intention of causing the loss or damage or in a manner implying either a deliberate disregard or inexcusable lack of awareness of the prejudicial consequences which might result from such conduct.

Where special rules are prescribed by law, wrongful acts or default as referred to in paragraph 1 shall be assessed in accordance with those rules.

Paragraphs 1 and 2 shall apply as well to the extra-contractual liability of the persons referred to in articles 12 and 21, if the wrongful act or default referred to in those paragraphs was theirs.

28. The provisions of this Convention shall not prejudice the traveller’s rights and actions against third parties.

Chapter VI

Legal proceedings

29. The travel contract may contain a clause conferring jurisdiction on an arbitration tribunal provide the clause stipulates thet the tribunal shall apply this Covention.

30. The period of limitation for an action arising out of a travel contract subject to this Convention and based on death, wounding or other bodily or mental injury caused to a traveller shall be two years; it shall begin to run on the date specified in the contract as the date of termination of the service giving rise to the dispute.

Neverthless, in case of wounding or other bodily or mental injury resulting in the death of a traveller at a date subsequent to the date of termination of the service giving rise to the dispute, the period of limitation shall begin to run on the date of such death without, however, ex ceeding three years from the date of termination of the service in question.

The period of limitation for an action arising out of a travel contract subject to this Convention other than those referred to in paragraph 1 of this article, shall be one year; it shall begin to run on the date specified in the contract as the date of termination of the service giving rise to the dispute.

Chapter VII

Nullity of stipulations contrary to the Convention

31. Any stipulation which would directly or indirectly derogate from the provisions of this Convention shall be null and void, in so far as it would be detrimental to the traveller.

The nullity of such a stipulation shall not imply the nullity of other provisions of the contract.

In particular, any clause assigning to the travel organizer or intermediary the benefit of insurance taken out by the traveller, or shifting the burden of proof shall be null and void.

32-43. (omissis).

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