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The association of 'Astoi

The association

the autumn of 2000 from the merger of ASSOTOUR and atoi, the two associations of Italian background in tour operating sector Federturismo Confindustria, was born ASTOI (Association Tour Operator Italian), a loose association of national character. The choice of classification in Federturismo Confindustria is due to having identified the system Confindustria organizational models in which the Association acknowledges and technical support and advice responsive to the needs of development of its activities and its Associates.

ASTOI is highly representative trade association, which recognizes most of the industry, which has managed to legitimize itself over time relations with the world of institutions, with the media and all actors sector. All thanks to the ability to express a concrete project, immediate responses to contingent situations and strong cohesion and identification of Associated with their Association.

In collaboration with leading professionals and consultants ASTOI holds regular seminars throughout the year dedicated to the leaders of the various functions of the associated companies, and public conferences on topics involving tour operators in their relations with other categories of actresses national and international tourism system.

Internationally, joining IFT (International Federation of Tour Operators) Association provides a constant discussion with the local counterparts in all major European countries and close cooperation with leading NGOs of reference for Tourism, first of all the WTO (World Tourism Organization).

All these reports together with the determination of the Members to make a point of reference ASTOI more practice in their activities, constitutes a system of high quality which today ranks, quite rightly, to drive tourism and the servicing business.

the autumn of 2000 from the merger of ASSOTOUR and atoi, the two associations of Italian background in tour operating sector Federturismo Confindustria, was born ASTOI (Italian Tour Operators Association), a free association to character national. The choice of classification in Federturismo Confindustria is due to having identified the system Confindustria organizational models in which the Association acknowledges and technical support and advice responsive to the needs of development of its activities and its Associates.

ASTOI is highly representative trade association, which recognizes most of the industry, which has managed to legitimize itself over time relations with the world of institutions, with the media and all actors. All thanks to the ability to express a concrete project, immediate responses to contingent situations and strong cohesion and identification Associates with their Association.

In collaboration with leading professionals and consultants ASTOI holds regular seminars throughout the year dedicated to the leaders of the various functions of the associated companies, and public conferences on topics involving tour operators in their relations with other categories actresses of tourism in national and international level.

Internationally, joining IFT (International Federation of Tour Operators) Association provides a constant discussion with the local counterparts in all major European countries and close cooperation with leading organizations non-governmental center for tourism, the first of the WTO (World Tourism Organization).

All these reports together with the determination of the Members to make a point of reference ASTOI more practice in their activities, constitutes a system of high quality which today ranks, quite rightly, to drive tourism and supporting businesses.

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THE RESOLUTION OF A CONTRACT FOR FAILURE

Meaning: is the situation where the contract at the request or initiative of the performing party for breach of the Other Party is resolved
The hypothesis stated by art. 1453 DC responds to the interests of legal logic and common sense.
It is clear that if a party has performed his obligations, he expects that the other do likewise, given the continuing of the failure of a party, the other "performing" in front of two roads himself

1. demand performance of the contract;
2. rescind the contract.

If, in fact, that the other benefit is still possible, you can still have an interest in its execution, but if the infringement is continuing to lose confidence in the contractor or the interest her performance, the performing party may request to dissolve the bond by requesting the court to terminate the contract.
This power of choice, however, is not without limits. Article. 1453 establishes a principle.
asked if the performance then you can always ask for the resolution, but if it were made before the resolution is not possible demand performance
The reasons for this limitation are intuitive, but whatever the choice, the performing party will necessarily damages suffered as a behavior of the other party.
Article. 1453 has, in fact, that it damages "in any case," referring, that is, both cases of request fulfillment, both cases of termination, unless the damage has actually occurred.
Bear in mind, however, another important aspect concerning the termination of the contract;
Code art. 1453 speaks precisely of non-compliance in order to have resolution, implying that this failure must be due to the fault of the debtor and therefore in the absence of fault of the debtor, you can not ask for the resolution, and, of course, obtain damages, that is premised on precisely the fault of the debtor, which, however, it is alleged (see Cass. Civ. n.2853/2005)
at this point, however, you can have two situations in the first performance is still possible, and then it is just a delay in 'performance for reasons not attributable to the debtor, which must still perform his performance, albeit late in the second case the failure may be permanent, and then the other party, except that it must still perform his performance, it may require the termination of the contract pursuant to art. 1463 cc that was impossible.
summarize, then, that leads to the specific details of the resolution.

1. must be attributed;
2. must be substantial.

On the second point, in fact, art. DC 1455 provides that:
the contract can not be solved if the failure of either party has taken of the interests of the minor
assumptions similar to this article. 1455 cc is that multilateral agreements in respect of the failure, as can be to society.
sets, in fact, art. 1459 cc in these contracts that the failure of a party does not involve the termination of the contract, unless the performance Failure should not be considered essential.
. The ruling resolves the contract effective manner, creating a new legal situation by eliminating the contractual relationship;
According to art. 1458 cc In addition, the resolution between the parties retroactive, meaning that the parties must restore what they have received, such a solution, however, it would be inequitable or difficult to implement in certain situations, so that does not apply to contracts to be performed permanently or periodically.
In any case, the resolution does not prejudice the rights acquired by third parties even if, for movable property, they were not in good faith at the time of purchase, whereas for real estate you look at the priorities of the transcript.
So far we have talked about judicial resolution, but the contract can be resolved without the intervention of the court of law. We have about three assumptions:
wary to meet: the non-defaulting party may give notice to ATRA the performance in a reasonable period of not less than 15 days. After expiry of the term of the contract will be terminated without right, then further action or court decisions
Express termination clause: The parties may agree that the failure of one or more specific obligations lead to the termination of the contract. The resolution occurs when the lender declares the other to avail itself of the clause
Deadline essential: if the obligation is not fulfilled within the time considered essential to the lender, the contract is automatically terminated on expiry of the term, unless the creditor will require the provision notwithstanding the expiry of the term giving notice to the debtor a notice to be sent within three days

Facing such default, you can protect for termination or 'enforced compliance, but that solution is only required if has performed his services, if, however, has not yet performed his services, the 'non-defaulting "can protect themselves with the exception of non-compliance.
Withholding performance: it is a form of private self-defense. A party may refuse to fulfill its obligation if the other fails to perform or offer to perform at the same time its obligation
Not always, though, you can rely on the exception as it happens in the following cases:

1. were established at different times for the fulfillment of and the other obligation;
2. when the nature of the contract are to be taken at different times for the performance;
3. where refusal to comply with opposing the exception of non-compliance is contrary to good faith.

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THE RESOLUTION OF A CONTRACT FOR THE RESOLUTION OF A FAILURE

Meaning: is the situation where the contract at the request or initiative of the performing party for breach of the Other Party is resolved
The hypothesis stated by art. 1453 cc responds to reasons of legal logic and common sense.
It is clear that if a part performed his obligations, he expects that the other do likewise, given the continuing of the failure of a party, the other "performing" has two paths ahead:

1. demand performance the contract;
2. rescind the contract.

If, in fact, that the other benefit is still possible, you can still have an interest in its execution, but if the infringement is continuing to lose confidence in the contractor or the interest in his performance, the performing party may request to dissolve the bond by requesting the court to terminate the contract.
This power of choice, however, is not without limits. Article. 1453 establishes a principle.
asked if the performance then you can always ask for the resolution, but if it were made before the resolution is not possible demand performance
The reasons for this limitation are intuitive, but whatever the choice, the performing party will necessarily damages suffered as a behavior of the other party.
Article. 1453 has, in fact, that it damages "in any case," referring, that is, both application cases commitment, both to cases of termination, unless the damage has actually occurred.
Bear in mind, however, another important aspect concerning the termination of the contract;
Code art. 1453 speaks precisely of non-compliance in order to have resolution, implying that this failure must be due to the fault of the debtor and therefore in the absence of fault of the debtor, you can not ask for the resolution, and, of course, obtain damages, that is premised on precisely the fault of the debtor, which, however, is presumed (see Cass. Civ. n.2853/2005)
at this point, however, you can have two situations, in the first performance is still possible, and then it is just a delay in for reasons not attributable to the debtor, which must still perform his performance, albeit late in the second case the failure may be permanent, and then the other party, except that it must still perform his performance, may rescind the contract pursuant to art. 1463 cc that was impossible.
summarize, then, that leads to the specific details of the resolution.

1. must be attributed;
2. must be substantial.

On the second point, in fact, art. DC 1455 provides that:
the contract can not be solved if the failure of either party has taken of the interests of the minor
assumptions similar to this article. 1455 cc is that multilateral agreements in respect of the failure, as can be to society.
sets, in fact, art. 1459 cc in these contracts that the failure of a party does not involve the termination of the contract, unless the non-performance should not be considered essential.

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AGREEMENT FOR BREACH

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travel arrangements

The tour operator is obliged to issue a travel document bearing his signature that can be replaced by a stamp.
1 - The travel document contains the following information: a.
place and date of issue;
b. name and address of the journey;
c. name of the traveler or travelers, and if the contract was made by another person, the name of the latter;
d. places and dates of beginning and end of the journey as well as the stays;
e. all the details required for the transport, residence as well as all the other ancillary services included;
f. if necessary, the minimum number of travelers required;
g. the corresponding total price for all services provided in the contract;
h. circumstances and conditions under which the traveler may request cancellation of the contract;
i. any arbitration clause to the powers stipulated under article 29;
j. a statement that the contract is subject, notwithstanding any clause to the contrary, the provisions of this Convention;
k. all other indications that the parties jointly Agreement, considered useful to include.
2 - Where all or some of the details referred to in paragraph 1 appears in a program delivered to the traveler, the travel document will contain a simple reference to it and any changes to this program should be mentioned travel document.
3. L 'travel organizer may, without compensation, cancel the contract, in whole or in part, if before or during the execution of the contract gets exceptional circumstances that the tour operator could not know at the time the conclusion of the contract and, if he had known at the time, they would have provided compelling reasons not to finish it.
4. The travel organizer may cancel the contract without compensation when the number of travelers expected in the travel document has not been achieved, provided that this fact is brought to the attention of the traveler at least 15 days before the date on which the journey or had to start living.
5. In case of cancellation of the contract before its execution, the tour operator must reimburse any payments collected by the traveler. In case of cancellation of the contract being executed, the organizer Travel must take all measures necessary in the interest of the traveler, the parties also are required to indemnify each other in a fair manner.
6. L 'tour operator liable for the acts and omissions of its employees and agents, when acting in the performance of their duties, as if they were his own acts or omissions of its own.
7. The traveler is responsible for the injury caused by his fault or personal travel organizer, of which this is liable pursuant to Article 12, on account of the obligations incumbent on it under this Convention or contracts that it regulates, the blame being assessed having regard to the normal behavior of a traveler.