General terms and conditions of contract for the sale of package holidays
1. CONTENTS OF THE TOURIST PACKAGE CONTRACT
By signing the proposal for the purchase of the package holiday, the traveler/tourist confirms that he/she has read and accepted the package holiday contract, the warnings contained therein, and these general conditions, for him/herself and for those for whom he/she requests the services of the package holiday.
2. APPLICABLE REGULATORY SOURCES
The package holiday contract, both for services or services to be provided in the national territory and for those to be provided abroad, is governed by the "Tourism Code" (Legislative Decree 23.5.2011 no. 79 - Annex I, Articles 32 - 51-novies) as amended by Legislative Decree 21 May 2018 no. 62 and, if and to the extent applicable, by L. 27/12/1977 no. 1084 (Ratification and execution of the International Convention on the Contract for Travel (CCV) signed in Brussels on 23.4.1970) and by Legislative Decree 6.9.2005 no. 2006 ("Consumer Code") as well as by the provisions of the Civil Code also on the subject of transportation and mandate, as applicable.
"Package holiday" means the combination of at least two different types of tourist services such as:
accommodation, which is not an integral part of passenger transport and is not intended for residential purposes, or for long-term language courses;
the rental of cars, other motor vehicles in accordance with the Ministerial Decree of April 28, 2008, or motorcycles that require a category A driving license, in accordance with Legislative Decree No. 2 of January 16, 2013;
any other tourist service that is not an integral part of one of the tourist services referred to in (a), (b) and (c), and is not a financial or insurance service for the purpose of the same trip or vacation, if at least one of the following conditions is met:
- such services are combined by a single professional, including at the request of the traveler/tourist or in accordance with a selection, before a single contract is concluded for all services;
- such services, even if concluded under separate contracts with individual suppliers, are:
purchased at a single buying and selling point and selected before the traveler/tourist agrees to payment;
offered, sold or invoiced at a flat or global price;
advertised or sold under the name "package" or similar name;
combined after the conclusion of a contract by which the professional allows the traveler/tourist to choose from a selection of different types of tourist services or purchased from separate professionals through related online booking processes where the traveler/tourist's name, payment details 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 professional(s) is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
"package holiday contract" means the contract relating to the entire package holiday or, if the package holiday is provided under separate contracts, the set of contracts relating to the tourist services included in the package holiday.
"Traveler" or "tourist" means any person who intends to enter into a contract, enters into a contract or is authorized to travel under a contract concluded within the scope of this paragraph.
"professional" means any public or private natural or legal person who, in the course of his or her commercial, industrial, handicraft or professional activity acts, in contracts, including through another person acting in his or her name or on his or her behalf, as an organizer, seller, professional facilitator of related tourist services or provider of tourist services, within the meaning of the applicable legislation.
"organizer" means a professional who combines package holidays and sells or offers them for sale directly or through or together with another professional, or the professional who transmits data about the traveler to another professional.
"seller" means the professional other than the organizer who sells or offers for sale package holidays combined by an organizer.
"Durable medium" means any instrument that enables the traveler or professional to store information that is personally addressed to him or her in such a way that it can be accessed in the future for a period of time adequate to the purposes for which it is intended and that allows the identical reproduction of the stored information.
"unavoidable and extraordinary circumstances" means a situation beyond the control of the party invoking such a situation and the consequences of which would not have been avoided even if all reasonable measures had been taken.
"Conformity defect" means a failure to perform the tourist services included in a package holiday.
"point of sale" means any premises, movable or immovable, used for retail sales or retail website or similar online sales tool, even where retail websites or online sales tools are presented to travelers as a single tool, including telephone service.
"Return" means the return of the traveler/tourist to the place of departure or other place agreed upon by the contracting parties.
"No Sharing Room": the service of a single or double private room, provided toward the payment of an appropriate monetary fee.
"Basic Reservation": a reservation made without the choice of any additional options such as, but not limited to, the No Sharing Room option or the Flexible Cancellation option.
"Planned Departure": the tour that is planned but has not yet reached the minimum number of participants to confirm the departure.
"Confirmed Departure": the tour where the departure has been confirmed due to reaching the minimum number of participants.
"Flexible Cancellation": the paid option that, if available, guarantees the possibility to cancel the trip and have a full or partial refund of the fee paid.
4. MANDATORY INFORMATION AND DATA SHEET
Prior to the conclusion of the package holiday contract, the organizer or seller shall communicate to the traveler/tourist - clearly and precisely - through what is published in the catalog on the pages related to the chosen destination, or through quotation or other information tool, the following information:
the main features of the tourist services, such as:
the destination(s) of the trip, the itinerary and periods of stay with relevant dates and, if accommodation is included, the number of nights included;
an indication of the means of transportation by which travel will be made during the trip.
meals, if included;
tours, excursions or other services included in the agreed price;
the tourist services provided to the traveler/tourist as a member of a group and, if so, the approximate size of the group.
the business name and geographical address of the organizer and where present, the seller, their telephone numbers and e-mail addresses;
the total price of the package holiday;
the method of payment, including the amount or percentage of the price to be paid as a deposit, if any, and the timetable for payment of the balance, or the financial guarantees that the traveler/tourist is required to provide;
the minimum number of persons required for the package holiday;
general information regarding passports and/or visas, including approximate time frames for obtaining visas and health formalities in the country of destination;
information on the traveler/tourist's right to withdraw from the contract before the start of the package holiday;
information on the optional or compulsory subscription of insurance covering the costs of unilateral withdrawal from the contract by the traveler/tourist or the costs of assistance, including repatriation, in case of accident, illness or death;
the details of the coverage referred to in Article 47, paragraphs 1, 2, 3 D. Lgs 62/2018.
Administrative authorization No. 0114040 dated 06/25/2018 issued by the Province of Milan.
R.C. policy: ALLIANZ SPA No. 731516730
TRAVELERS GUARANTEE: GUARANTEE FUND "IL SALVAGENTE" referred to in Document No. 2022 - 1-0060 issued by ASSOCIAZIONE ITALIANA AGENTI DI VIAGGIO through SALVAGENTE S.c.a.r.l.
5. CONCLUSION OF THE PACKAGE HOLIDAY CONTRACT. PAYMENTS AND PRICE
The traveler/tourist shall make the proposal to purchase the package holiday in the manner indicated by the organizer on its website. The traveler/tourist and the organizer may also agree on different modalities than those indicated on the website. The proposal for the purchase of the package holiday may, in any case, be stored on a durable medium. The conclusion of the package holiday contract is realized at the moment when the organizer sends relative confirmation of booking of the requested services to the traveler/tourist.
When signing the purchase proposal, the traveler/tourist must pay: a) a registration or practice management fee if required by the organizer; b) a deposit on the price of the package holiday which may vary depending on the package holiday that is selected by the traveler. The traveler will always be made aware by the organizer about the down payment percentage applied. The balance must be irrevocably paid by the deadline set by the organizer when confirming the reservation. If the balance is not paid by the deadline, the reservation will be considered cancelled and the organizer will proceed to refund the deposit paid, less any expenses incurred by the latter.
The price of the package holiday is determined by reference to what is stated in the catalogs, subsequently intervened out-of-catalogue programs, or even on the organizer's website. The price may vary only as a result of exchange rates applied to the package holiday or costs related to transportation. For such variations, reference will be made to the exchange rate and prices in force on the date of publication of the program, as reported in the catalog, or the date reported in any updates published on the websites. In any case, the price may not be increased in the 20 days preceding departure and the revision may not exceed 8% of the price in its original amount.
6. MODIFICATION OF OTHER CONDITIONS OF THE PACKAGE HOLIDAY CONTRACT OTHER THAN THE PRICE
If, before departure, the organizer needs to significantly change one or more elements of the package holiday contract, it gives immediate notice in writing to the traveler/tourist.
If the traveler/tourist does not accept the organizer's proposal for modification, exercising the right of withdrawal, the organizer may offer the traveler/tourist a replacement package of equivalent or superior quality or is refunded, at his or her option, the full amount already paid including the registration/booking fee if paid in advance at the time of the proposal to purchase the package holiday.
The organizer shall inform by e-mail, without undue delay, the traveler/tourist clearly and precisely of the proposed changes referred to in paragraph 2 of this article and their impact on the price of the package, as well as the possibility and manner for the traveler/tourist to exercise the right of withdrawal if he/she does not intend to accept the proposed changes.
The traveler/tourist shall give notice of acceptance of the changes/withdrawal from the package holiday contract to the organizer or the intermediary within two working days from the time of receipt of the notice. Failure to give notice within the aforementioned time limit shall be deemed acceptance of the proposed changes made by the organizer.
If the changes to the package holiday contract result in a package of lower quality or cost, the traveler/tourist shall be entitled to an appropriate price reduction.
7. FAILURE TO CONCLUDE THE CONTRACT - WITHDRAWAL OF THE TRAVELER/TOURIST BEFORE DEPARTURE
In the event that the organizer, in its sole discretion, does not accept the traveler/tourist's purchase proposal, the deposit paid under clause 5.2 will be returned in full.
Before departure, the traveler/tourist may withdraw from the contract, without paying penalties, in the following cases:
increase in the price of the package holiday in excess of 8% and within 20 days prior to departure;
significant modification of one or more elements of the contract objectively configurable as fundamental to the enjoyment of the package holidays as a whole and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the traveler/tourist;
In cases where the traveler/tourist has purchased the "Flexible Cancellation" Option
if the cancellation is exercised within the 8 days before departure, he/she will be entitled to the return of the Basic Reservation and the No Sharing Room option (if it was selected), but not the fee related to the "Flexible Cancellation" Option.
if the traveler/tourist's cancellation is exercised after the aforementioned terms, he/she will not be entitled to the return of either the Base Reservation, the No Sharing Room or the "Flexible Cancellation" Option Fee
In the event that the traveler/tourist has not purchased the "Flexible Cancellation" Option, if the cancellation is made 31 days before the party, he/she will be entitled to a refund of the amounts already paid.
8. WITHDRAWAL OF THE ORGANIZER BEFORE DEPARTURE
The organizer may withdraw from the package holiday contract at any time and offer the traveler/tourist a full refund of the payments made for the package holiday, but is not obliged to pay additional compensation if:
the number of persons enrolled in the package holiday is less than the minimum stipulated in the package holiday contract and thus in the catalog/program, and the organizer notifies the traveler/tourist of the withdrawal from the package holiday contract.
the organizer is unable to execute the package holiday contract due to unavoidable and extraordinary circumstances and notifies the traveler/tourist of the withdrawal from it without undue delay before the start of the package holiday.
The organizer shall make all prescribed refunds without undue delay and in any case within the time limit established by law. The withdrawal of the organizer entails the termination of functionally related contracts concluded with third parties, without any liability on the part of the organizer.
9. RESPONSIBILITY OF THE ORGANIZER FOR THE INEXACT EXECUTION OF THE PACKAGE AND FOR THE SUPERVENING IMPOSSIBILITY DURING THE EXECUTION OF THE PACKAGE
The organizer is responsible for the execution of the tourist services provided by the package holiday contract, regardless of whether such tourist services are to be provided by the organizer itself or by third parties pursuant to Article 1228 of the Civil Code.
The traveler/tourist, in accordance with the obligations of fairness and good faith under Articles 1175 and 1375 of the Civil Code, shall inform the organizer, either directly or through the seller, promptly - taking into account the circumstances of the case, of any defects of conformity discovered during the performance of a tourist service provided by the package holiday contract.
The organizer shall remedy the lack of conformity unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect.
If the organizer fails to remedy the defect in accordance with paragraph 3 above, the traveler/tourist shall be entitled to a reduction in the price as well as to compensation for the damage he/she has suffered as a result of the lack of conformity, unless the organizer proves that the lack of conformity is attributable to the traveler/tourist or to a third party or is of an unavoidable or unforeseeable nature or due to extraordinary and unavoidable circumstances.
Subject to the exceptions referred to in paragraph 4 above, if the organizer does not remedy the lack of conformity within a reasonable period fixed by the traveler/tourist with the complaint made in accordance with paragraph 2, the traveler/tourist may 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.
If, after departure, the organizer is unable to provide, for any reason other than the traveler/tourist's own doing, an essential part of the services envisaged in the package holiday contract, he shall make suitable alternative arrangements for the continuation of the planned trip not involving any kind of burden on the traveler/tourist, or reimburse the latter to the extent of the difference between the services originally planned and those performed.
The traveler/tourist may reject proposed alternative solutions only if they are not comparable to what was agreed upon in the contract or if the price reduction granted is inadequate.
If no alternative solution is possible, i.e., the solution prepared by the organizer is rejected by the traveler/tourist because it is not comparable to what was agreed in the contract or because the price reduction granted is inadequate, the organizer will provide, without additional charge, an equivalent means of transportation to the original planned place of departure or to the different place that may have been agreed upon, subject to the availability of means and places, and will reimburse him/her to the extent of the difference between the cost of the services originally planned and the cost of the services performed up to the time of the early return.
10. OBLIGATIONS OF THE TRAVELER/TOURIST
In the course of negotiations and in any case before the conclusion of the contract, travelers shall be provided, in writing, with up-to-date general information - regarding health obligations and the necessary documentation for expatriation.
For regulations regarding the expatriation of minors, we expressly refer to the information on the State Police website. However, it should be noted that minors must be in possession of a valid personal document for expatriation i.e. passport, or for EU countries also a valid identity card for expatriation. Regarding the expatriation of minors under the age of 14 and the expatriation of minors for whom authorization issued by the Judicial Authority is required, the requirements indicated on the State Police website should be followed
Foreign citizens should find the corresponding information through their diplomatic representations and/or the respective official government information channels.
Travelers should in any case inform the intermediary and the organizer of their citizenship when requesting the booking of the package holiday or tourist service and, at the time of departure, they should definitely make sure that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries touched by the itinerary, as well as residence visas, transit visas and health certificates that may be required.
In addition, in order to assess the socio\political security situation, health and any other useful information related to the countries of destination and, therefore, the objective usability of the services purchased or to be purchased the traveler/tourist will have the burden of taking the official information of a general nature from the Ministry of Foreign Affairs of the country of residence. The above information is not contained in the T.O.'s catalogs - online or in print - since they contain descriptive information of a general nature as indicated in Article 34 of the Tourism Code and not temporally changing information. Therefore, the same must be assumed by the travelers. In any case, the traveler/tourist shall, prior to departure, verify their update with the competent authorities (for Italian citizens, the local Questuras or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115) adjusting them before the trip. In the absence of such verification, no responsibility for the missed departure of one or more travelers/tourists can be attributed to the intermediary or the organizer.
Where, on the date of booking, the chosen destination appears, from institutional information channels, to be a location subject to "warning" for security reasons, the traveler/tourist who subsequently exercises withdrawal may not invoke the failure of the contractual cause related to the country's security conditions.
Travelers must also comply with the observance of the rules of normal prudence and diligence and the specific rules in force in the countries of travel destination, all information provided to them by the organizer, as well as the regulations, administrative or legislative provisions relating to the package holiday. The traveler/tourist will be held liable for all damages that the organizer and/or the seller may suffer also as a result of failure to comply with the above obligations, including the expenses necessary for their repatriation.
The traveler/tourist is obliged to provide the organizer with all documents, information and elements in its possession useful for the exercise of the latter's right of subrogation against third parties responsible for the damage and is liable to the organizer for the prejudice caused to the right of subrogation.
The traveler/tourist will also communicate in writing to the organizer, at the time of the proposal for the purchase of package holiday and then before the sending of the confirmation of the booking of services by the organizer, the special personal requests that may be the subject of specific agreements on the modalities of the trip, provided that it is possible to implement them, and that will be in any case the subject of specific agreement between the traveler/tourist and the organizer
11. ASSIGNMENT OF THE PACKAGE HOLIDAY CONTRACT TO ANOTHER TRAVELER/TOURIST.
The traveler/tourist, upon prior notice given to the organizer in a durable medium and no later than 4 days before the start of the package holiday, may assign the package holiday contract to a person who meets all the conditions for the use of the service.
The organizer shall inform the assignor of the actual costs of the assignment, providing proof of the fees, taxes or other additional costs resulting from the assignment of the contract.
The transferor and the transferee of the package holiday contract shall be jointly and severally liable for payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and paperwork costs resulting from such assignment.
12. INSURANCE AGAINST CANCELLATION COSTS
If not expressly included in the price, it is possible and advisable to take out at the time of booking at the offices of the organizer or the seller special insurance to cover cancellation costs (always due except for the specific exceptions provided by the Tourism Code, and unless otherwise provided for in these General Conditions) referred to in Article 7, as well as those arising from accidents and/or illness that also cover the costs of repatriation and for the loss of and/or damage to luggage. The rights arising from the insurance contracts must be exercised by the traveler/tourist directly against the contracting insurance companies, under the conditions and in the manner provided in the policies themselves, paying attention, in particular, to the timing for the opening of the claim, deductibles, limitations and exclusions. Travelers, at the time of booking, must notify the seller of any specific needs or problems for which the issuance of policies other than those proposed by the organizer or included in the price of the package holiday may be necessary and/or appropriate.
13. GUARANTEES FOR THE TRAVELER/TOURIST
If not expressly included in the price, adequate travel insurance is a condition of your contract with the travel organiser. You must be satisfied that you have an insurance policy that will cover any expenses arising from cancellation of the package, or as a result of injury or illness, and which also covers the expenses of repatriation and loss or damage to luggage. The traveller will exercise their rights inherent in these contracts exclusively in respect of the insurance companies stipulated, in accordance with the conditions and in the manner provided by these policies, as set out in the policy terms and conditions published in the brochures or in the leaflets available to travellers at the point of departure.
14. POSSIBILITY OF CONTACTING THE ORGANIZER
The traveler/tourist may address messages, requests or complaints regarding the performance of the package holiday directly to the seller through whom he/she purchased it, who, in turn, shall promptly forward such messages, requests or complaints to the organizer.
For the purpose of compliance with time limits or limitation periods, the date on which the seller receives messages, requests or complaints referred to in paragraph 1 shall be considered the date of receipt also for the organizer.
15. OBLIGATION TO PROVIDE ASSISTANCE
The organizer shall render adequate assistance without delay to the traveler/tourist who finds himself/herself in difficulty, including in the circumstances referred to in item 8, paragraph 7, in particular by providing appropriate information regarding health services, local authorities and consular assistance and assisting the traveler/tourist in making long-distance communications and helping him/her to find alternative tourist services.
The organizer may charge a reasonable fee for such assistance if the problem is caused intentionally by the traveler/tourist or through his or her fault, within the limits of the actual expenses incurred.
Photos and videos of the traveler/tourist (the "Images") will be collected during the trip to enable him/her to participate more fully in the purchased package holiday, as well as for advertising purposes. By purchasing the package holiday, the traveler/tourist assigns all relevant and necessary rights to use the Images for the mentioned purposes.
17. APPLICABLE LAW - PLACE OF JURISDICTION
The package holiday and the package holiday contract are governed by Italian law. Any dispute arising between the traveler/tourist, the organizer and/or the seller regarding the validity, formation, execution, fulfillment or termination of the package holiday contract will be the exclusive jurisdiction of the Court where the traveler/tourist has his/her residence or domicile.
The organizer may propose to the traveler/tourist - in the catalog, documentation, on its website or in other forms - alternative ways of resolution of disputes that have arisen. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such adherence entails.
18. PRIVACY PROTECTION
The traveler/tourist authorizes the organizer to use and disclose to third parties his/her personal data in connection with fulfillments related to the package holiday contract in accordance with the current European Regulation on Privacy and Protection of Personal Data.
19. INDIVIDUAL TOURIST SERVICES AND RELATED TOURIST SERVICES
Contracts having as their object the offer of only the transportation service, only the accommodation service, or any other separate tourist service, cannot be configured as a negotiated case of travel organization or package holiday and do not enjoy the protections provided by the Tourism Code. The individual supplier's contractual terms and conditions and applicable legal regulations apply to such contracts. Responsibility for proper fulfillment of the contract lies with the service provider.
In the case of booking related tourist services, the traveler/tourist has protection designed to refund payments received for services not rendered due to the insolvency of the professional who collected the amounts paid by the traveler/tourist. This protection does not provide any reimbursement in case of insolvency of the relevant service provider.
20. MANDATORY COMMUNICATION UNDER ARTICLE 17 OF LAW NO. 38/2006.
"Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad."