GENERAL CONDITIONS TOURIST PACKAGE CONTRACT
CONTENTS OF THE SALE CONTRACT OF THE TOURIST PACKAGE
In addition to the following general conditions, the description of the tourist package contained in the catalog, or in the separate travel program, as well as the booking confirmation of the services requested by the traveler together with the documents referred to in art, constitute an integral part of the travel contract. . 36 paragraph 8 of the Tourism Code. When the contract is brokered by a Travel Agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as the agent of the Traveler and the latter will have the right to receive it from the same. In signing the tourist package purchase and sale proposal, the Traveler expressly declares to have understood and accepted, for himself and for the subjects for which he requests the all-inclusive service, both the travel contract as regulated therein, and the warnings contained therein. contained, and these general conditions.
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed by articles 32-51 novies of Legislative Decree no. 79 of 23 May 2011 (the so-called "Tourism Code", hereinafter CdT), as currently amended by Legislative Decree no. 62 of 06.06.2018 implementing the EU Directive no. 2015/2302, as well as the provisions of the Civil Code regarding transport, service contract and mandate, as applicable, and the Navigation Code (R.D.n.327 of 30.03.1942)
The organizer and the agency selling the tourist package, to which the traveler addresses, must be authorized to carry out their respective activities according to the legislation in force, the Organizer and the seller make known to third parties, before the conclusion of the contract, the details of the insurance policy to cover the risks deriving from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the seller, each within its own competence, for the purpose of returning the sums paid or the return of the traveler to the place of departure.
For the purposes of this contract, the following definitions apply:
By tourist package we mean the "combination of at least two different types of tourist services for the same trip or vacation, if at least one of the following conditions is met:
4.1) that such services are combined by a single professional, even at the request of the traveler or in accordance with a selection by him, before a single contract is concluded for all services;
4.2) these services, even if concluded with separate contracts with individual tourism service providers, are:
4.2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
4.2.2) offered, sold or billed at a flat rate or global price;
4.2.3) advertised or sold under the name "package" or similar name;
4.2.4) combined after the conclusion of a contract with which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from distinct professionals through connected online booking processes where the name of the traveler, the details of the payment and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or these latter professionals is concluded at the latest 24 hours after the confirmation of the reservation of the first service tourist.
5.1. Before the conclusion of the travel package contract or a corresponding offer, the organizer and, in the event that the package is sold through a seller, also the latter, provide the traveler with the relevant standard information form referred to in Annex A, Part I or Part II of the CdT, as well as the following information:
a.1) the travel destination or destinations, the itinerary and periods of stay with relative dates and, if accommodation is included, the number of nights included;
a.2) the means, the characteristics and the categories of transport, the places, the dates and times of departure and return, the duration and the place of intermediate stop and the connections; in the event that the exact time is not yet established,
the organizer and, if applicable, the seller, inform the traveler of the approximate time of departure and return;
a.3) the location, the main features and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
a.4) the meals provided;
a.5) visits, excursions or other services included in the agreed total price of the package;
a.6) the tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group;
a.7) the language in which the services are provided;
a.8) if the trip or vacation is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler;
5.2. For tourist package contracts referred to in Article 33, paragraph 1, letter d), stipulated by telephone, the organizer or professional shall provide the traveler with the standard information referred to in Annex A, Part II, to this decree , and the information referred to in paragraph 1.
6.1. The proposal for the purchase and sale of a tourist package must be drawn up on a specific contractual form, electronic if necessary or, in any case, on a durable medium, completed in all its parts and signed by the customer, who will receive a copy. The acceptance of the purchase and sale proposal of the tourist package is considered completed, with the consequent conclusion of the contract, only when the organizer sends the relative confirmation, also by electronic system, to the traveler at the selling Travel Agency, who will take care of the delivery to the traveler himself.
The information relating to the tourist package not contained in the contractual documents, brochures or other means of written communication, will be provided by the organizer, in regular fulfillment of the obligations provided for by art. 36, paragraph 8, CdT., Before the start of the trip.
6.2. Special requests on the methods of delivery and / or execution of certain services that are part of the tourist package, including the need for assistance at the airport for people with reduced mobility, the request for special meals on board or in the resort, must be advanced during the booking request phase and be the subject of a specific agreement between the Traveler and the Organizer, through the Mandatory Travel Agency.
6.3. In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the tourist package contract within a period of five days from the date of the conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information, if later, without penalties and without giving any reasons. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal (Article 41, paragraph 7, CdT).
7.1. Unless otherwise indicated in the pre-contractual information or in the contract, upon signing the purchase proposal for the tourist package, the following must be paid:
7.2. For bookings after the date indicated as the deadline for making the balance, the full amount must be paid at the time of signing the purchase proposal;
7.3. Failure to pay the above sums, on the established dates, as well as failure to remit the sums paid by the Traveler to the selling agency to the Tour Operator, and without prejudice to any guarantee actions pursuant to art. 47 CdT against the latter, constitutes an express termination clause pursuant to art. 1456 cod. civ. such as to determine the termination of law to be carried out with simple written communication, by fax or by e-mail, at the selling agency, or at the domicile, including electronic, where communicated, of the traveler. The balance of the price is considered to have taken place when the sums reach the organizer directly from the traveler or through the intermediary Travel Agency by the same traveler chosen.
8.1. The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog, or out-of-catalog program and any subsequent updates of the same catalogs or out-of-catalog programs, or on the Operator's website.
8.2. After the conclusion of the tourist package contract, the prices may be increased by what is indicated by the Organizer, with a maximum of 8% only if the contract expressly provides and specifies that the traveler is entitled to a corresponding reduction in the price. , as well as the methods of calculating the price revision. In this case, the traveler is entitled to a reduction in the price corresponding to the decrease in costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the start of the package.
8.3. Price increases are only possible as a result of changes concerning:
8.4. If the price increase referred to in this article exceeds 8 percent of the total price of the package, Article 40, paragraphs 2, 3, 4 and 5 of the CdT apply.
8.5. A price increase, regardless of its extent, is only possible after clear and precise communication on a durable medium by the organizer to the traveler, together with the justification for this increase and the calculation methods, at least twenty days before the start. of the package.
8.6. In the event of a decrease in the price, the organizer has the right to deduct the administrative and management costs of the actual practices from the reimbursement due to the traveler, of which he is required to provide proof at the request of the traveler.
9.1. Before the start of the package, the organizer cannot unilaterally change the conditions of the contract other than the price pursuant to Article 39, unless this right has been reserved in the contract and the change is of little importance. The organizer communicates the change to the traveler clearly and precisely on a durable medium.
9.2. If, before the start of the package, the organizer is forced to significantly modify one or more main characteristics of the tourist services referred to in Article 34, paragraph 1, letter a), or cannot satisfy specific requests referred to in article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 percent pursuant to article 39, paragraph 3, the traveler, within a reasonable period specified by the organizer , can accept the proposed modification or withdraw from the contract without paying withdrawal costs.
in case of withdrawal, the organizer can offer the traveler a replacement package of equivalent or higher quality.
9.3. The organizer informs, without undue delay, the traveler clearly and precisely on a durable medium:
9.4. If the changes to the travel package contract or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to a price reduction.
9.5. In the event of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer will reimburse without undue delay and in any case within fourteen days of withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 CdT apply.
10.1. The traveler can withdraw from the tourist package contract at any time before the start of the package, upon reimbursement to the organizer of the expenses incurred, adequate and justifiable, the amount of which provides reasons for the traveler who requests it.
10.2. The package travel contract may provide for reasonable standard withdrawal penalties, calculated on the basis of the time of withdrawal from the contract and the expected cost savings and expected revenues deriving from the reallocation of tourist services.
10.3. In the absence of specification of the standard withdrawal penalties, the amount of the withdrawal penalties corresponds to the price of the package less cost savings and revenues resulting from the reallocation of tourist services.
10.4. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract, before beginning of the package, without paying withdrawal costs, and to full reimbursement of the payments made for the package, but is not entitled to additional compensation.
10.5. The organizer may withdraw from the travel package contract and offer the traveler full refund of the payments made for the package, but is not required to pay additional compensation if:
10.6. The organizer shall make all the reimbursements prescribed pursuant to paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1,2 and 3, reimburse any payment made by or on behalf of the traveler for the package after having deducted the adequate expenses, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the termination of functionally related contracts stipulated with third parties is determined.
12.1. During the negotiations and in any case before the conclusion of the contract, the Traveler is provided in writing with general information concerning passports and visas and the health formalities necessary for expatriation.
12.2. For the rules relating to the expatriation of minors, please refer expressly to what is indicated on the website of the State Police. However, it should be noted that minors must be in possession of a personal document valid for expatriation or passport, or for EU countries, including an identity card valid for expatriation. As regards the expatriation of minors under the age of 14 and the expatriation of minors for which the Authorization issued by the Judicial Authority is required, the requirements indicated on the State Police website http://www.poliziadistato.it/article/191/ .
12.3. Travelers must in any case find the corresponding information through their diplomatic representations and / or their respective official government information channels. In any case, before departure, travelers will check that it is updated with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115 ) adjusting before the trip. In the absence of such verification, no responsibility for the non-departure of one or more travelers can be attributed to the selling agency or the organizer.
12.4. Travelers must in any case inform the seller and the organizer of their citizenship at the time of the booking request for the tourist package or tourist service and, at the time of departure, they must definitively ensure that they have vaccination certificates and an individual passport. and any other document valid for all the countries covered by the itinerary, as well as residence and transit visas and health certificates that may be required.
12.5. Furthermore, in order to assess the socio-political and health safety situation and any other useful information relating to the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the traveler will have the burden of assuming official information of a general nature from the Ministry of Foreign Affairs, and disseminated through the Farnesina institutional website www.viaggiaresicuri.it.
The above information is not contained in the catalogs of the T.O. - online or on paper - as they contain descriptive information of a general nature as indicated in the information brochure and not temporally changing information. The same, therefore, must be assumed by the Travelers. Furthermore, travelers must comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of destination of the trip, with all the information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to tourist package. Travelers will be held responsible for all damages that the organizer and / or the seller may suffer also due to failure to comply with the above obligations, including the expenses necessary for their repatriation.
12.6. The organizer or the seller who has granted compensation or a price reduction, or paid compensation for damage or has been forced to comply with other obligations prescribed by law, has the right of recourse against the subjects who have contributed upon the occurrence of the circumstances or event from which the indemnity, price reduction, compensation for damage or other obligations in question arise, as well as of the subjects required to provide assistance and accommodation services under other provisions, in in the event that the traveler cannot return to the place of departure.
The organizer or seller who has compensated the traveler is subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards responsible third parties; the traveler provides the organizer or seller with all the documents, information and elements in his possession that are useful for exercising the right of subrogation (Article 51 quinquies of the CdT).
13.1. The Organizer is responsible for the execution of the tourist services provided for in the tourist package contract, regardless of whether such tourist services must be provided by the organizer himself, by his auxiliaries or persons in charge when acting in the exercise of their functions , by third parties whose work it uses or by other tourism service providers, pursuant to article 1228 of the civil code.
13.2. The traveler, pursuant to articles 1175 and 1375 of the civil code, informs the Organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service. provided for by the tourist package contract.
13.3. If one of the tourist services is not performed as agreed in the tourist package contract, the Organizer remedies the lack of conformity, unless this proves impossible or is excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organizer does not remedy the defect, Article 43 applies.
13.4. Without prejudice to the exceptions referred to in paragraph 3, if the Organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made pursuant to paragraph 2, the traveler can remedy the defect personally and request reimbursement of the necessary, reasonable and documented expenses; if the Organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveler does not need to specify a deadline.
13.5. If a lack of conformity, pursuant to article 1455 of the civil code, constitutes a non-negligible non-fulfillment of the tourist services included in a package and the Organizer has not remedied it within a reasonable period established by the traveler in relation to the duration and characteristics of the package, with the complaint made pursuant to paragraph 2, the traveler can, without expenses, terminate the tourist package contract by right and with immediate effect or, if necessary, request, pursuant to article 43 , a reduction in the price, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the transport of passengers, the Organizer also provides for the return of the traveler with an equivalent transport without undue delay and without additional costs for the traveler.
13.6. Where it is impossible to ensure the return of the traveler, the Organizer bears the costs of the necessary accommodation, where possible of a category equivalent to what was provided for in the contract, for a period not exceeding three nights per traveler or for the longer period possibly required by the European Union legislation relating to passenger rights, applicable to the relevant means of transport.
13.7. The cost limitation referred to in paragraph 6 does not apply to persons with reduced mobility, as defined in Article 2, paragraph 1, letter a), of Regulation (EC) no. 1107/2006, and their companions, pregnant women, unaccompanied minors and people in need of specific medical assistance, provided that the Organizer has received notice of their particular needs at least forty-eight hours before the start of the package . The Organizer cannot invoke unavoidable and extraordinary circumstances to limit the liability referred to in this paragraph if the transport service provider cannot assert the same circumstances under the applicable European Union legislation.
13.8. If due to supervening circumstances not attributable to the Organizer it is impossible to provide, in the course of execution, a substantial part, in terms of value or quality, of the combination of the tourist services agreed in the tourist package contract, the Organizer offers, at no extra charge. price to be paid by the traveler, adequate alternative solutions of quality, where possible equivalent or higher, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler to the place of departure is not provided as agreed. If the proposed alternative solutions involve a package of lower quality than that specified in the tourist package contract, the Organizer grants the traveler an adequate price reduction.
13.9. The traveler can reject the alternative solutions proposed only if they are not comparable to what was agreed in the tourist package contract or if the price reduction granted is inadequate.
13.10. If it is impossible to arrange alternative solutions or the traveler rejects the proposed alternative solutions, compliant with the provisions of paragraph 8, the traveler is entitled to a reduction in the price. In the event of non-fulfillment of the offer obligation referred to in paragraph 8, paragraph 5 applies.
13.11. Where, due to unexpected circumstances not attributable to the Organizer, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, paragraphs 6 and 7 apply.
14.1. The Seller is responsible for the execution of the mandate given to him by the traveler with the travel brokerage contract, regardless of whether the service is rendered by the seller himself, by his auxiliaries or persons in charge when they act in the exercise of their functions or by third parties of the which he / she works to make use of, since the fulfillment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
14.2. The Seller is not responsible for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
14.3. The traveller's right to compensation for damages connected with the Seller's liability expires in two years from the date of the traveller's return to the place of departure.
The package travel contract may provide for the limitation of the compensation due by the organizer, except for personal injury or damage caused intentionally or through negligence, provided that this limitation is not less than three times the total price of the package.
The right to compensation for personal injury expires in three years from the date of the traveler's return to the place of departure or in the longer period envisaged for compensation for personal damage by the provisions governing the services included in the package.
16.1. The Traveler can send messages, requests or complaints relating to the execution of the package directly to the Seller through whom he purchased it, who, in turn, promptly forwards such messages, requests or complaints to the Organizer.
16.2. For the purposes of compliance with the terms or limitation periods, the date on which the seller receives messages, requests or complaints referred to in paragraph 1 is also considered the date of receipt for the Organizer.
17.1. The organizer provides adequate assistance without delay to the traveler who is in difficulty even in the circumstances referred to in Article 42, paragraph 7 of the CdT, in particular by providing appropriate information regarding health services, local authorities and consular assistance and assisting the traveler in making remote communications and helping him find alternative tourist services.
17.2. The organizer can demand the payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveler or through his fault, within the limits of the costs actually incurred.
If not expressly included in the price, it is possible and advisable to take out, at the time of booking and through the Seller, special insurance policies against expenses deriving from the cancellation of the package, from accidents and / or illnesses which also cover repatriation costs and loss and / or damage to baggage. The rights arising from the insurance contracts must be exercised by the traveler directly against the stipulating Insurance Companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogs or displayed in the brochures made available to the Travelers. upon departure.
The organizer may propose to the traveler - in the catalog, on the documentation, on its website or in other forms - alternative resolution methods for disputes that have arisen (ADR - Alternative Dispute Resolution), pursuant to Legislative Decree 206/2005. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such membership entails.
20.1. The organizer and the seller established on the national territory are covered by an insurance contract for civil liability in favor of the traveler for compensation for damages resulting from the violation of their respective obligations under the respective contracts.
20.2. The tourist package organization contracts are backed by insurance policies or bank guarantees or issued by the funds referred to in paragraph 3 of art. 47 of the CdT, which, for trips abroad and trips that take place within a single country, including trips to Italy, in the event of insolvency or bankruptcy of the organizer or seller, guarantee, without delay upon request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler in the event that the package includes the transport of the traveler, as well as, if necessary, the payment of food and accommodation before returning. The guarantee is effective, adjusted to the volume of business and covers reasonably foreseeable costs, the amounts of payments made by or on behalf of travelers in relation to packages, taking into account the duration of the period between the down payments and the final balance and the completion packages, as well as the estimated cost of repatriation in the event of insolvency or bankruptcy of the organizer or retailer.
20.3. Travelers benefit from the insolvency or bankruptcy protection of the organizer or retailer regardless of their place of residence, place of departure or place of sale of the package and regardless of the Member State in which the person in charge of provide protection in the event of insolvency or bankruptcy.
20.4. In the cases provided for in paragraph 2, as an alternative to reimbursement of the price or immediate return, the traveler may be offered the continuation of the package in the manner referred to in articles 40 and 42 of the CdT.
In consideration of the large advance with which the catalogs are published that report the information relating to the methods of use of the services, it is noted that the times and routes of the flights indicated in the acceptance of the proposal for the sale of services may undergo variations as they are subject to subsequent validation. To this end, the traveler must request confirmation of the services from their Travel Agency before departure. The Organizer will inform passengers about the identity of the actual carrier within the times and in the manner provided for in Article 11 of EC Reg. 2111/2005.
Pursuant to art. 13 of Legislative Decree 196/2003 ("Privacy Code") and art. 13 of Regulation (EU) 2016/679, laying down provisions for the protection of persons and other subjects regarding the processing of personal data, we wish to inform you that the personal data you provide will be processed in compliance with the aforementioned law and the obligations of confidentiality to which the undersigned Company is bound.
"Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad".
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