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Form to be used to comply with the provisions of Article 85 of the Consumer Code.The customer has the right to receive a copy of this package purchase / sale contract
1. LAW SOURCES
The sale of package tours which include services provided both in the territory of Italy and abroad is regulated by Law no. 1984 of 27/12/1977 which ratifies and implements the International Convention on Travel Contracts (hereinafter: CCV), signed in Brussels on 23.4.1970, as applicable and until its abrogation pursuant to art. 3 of Legislative Decree no. 79 of 23/05/2011 (hereinafter the “Tourism Code”) as well as by Arts. 32-51 of the above mentioned Tourism Code as amended. In addition to that, sales made via the Internet are also subject to the laws on electronic commerce, that is Legislative Decree no. 70/2003
The organizer and the seller of the tourist package, to which the consumer refers, must be authorized to carry out the respective activities according to the applicable administrative regulations.
Pursuant to Art. 33 of the Tourism Code and for the purposes of these general terms and conditions the following
a) Tour Organiser: the person (legal or natural) who undertakes, in its own name and with a consideration paid as a lump-sum payment, to procure package tours to third parties, thus combining the elements described in article 4 or offering the tourist, also by means of a long distance communications system the tools to build up and buy such a tour;
b) Tourist: the buyer and transferee of a package tour or any other person that satisfies all the conditions required for the use of the service, on whose behalf the contractor agrees to purchase a package tour without consideration;
4.THE CONCEPT OF PACKAGE TOUR
4.1. Under art. 34 of the Tourism Code Package Tours include travels, holidays, “all-inclusive” offers, cruises and any other tourism experience which combines, in any possible way, at least two of the following elements, sold or offered for sale at a fixed (lump sum) price: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation and described in art. 36 which represent a significant part of the “package” from the point of view of the tourist’s recreational needs. It follows that both the purchase of prearranged combinations of services via the Portal and the purchase of two or more individual services through the same Portal by the tourist and their subsequent combination constitute a Package Tour pursuant to article34 of Tourism Code.
4.2. The tourist is entitled to receive a copy of the contract for the Package Tour services, drafted in accordance with the procedures set forth in Art. 35 of Tourism Code. The contract grants the right to access the Guarantee Fund referred to in art. 21.
5.TOURIST INFORMATION – TECHNICAL SHEET
5.1 In addition to these general conditions of contract, published in the Portal, the Organiser shall insert in the catalogue or in the custom tour plan (meaning both the printed version of the material and the electronic one, published and downloadable from the Portal) a technical data sheet. The technical sheet of the catalogue or custom tour plan shall contain the following mandatory elements, provided they are not already contained in these General Contract Conditions:
estremi dell’autorizzazione amministrativa o, se applicabile, la D.I.A. o S.C.I.A. dell’organizzatore;
The details of the authorisation from the relevant public administration authority or the DIA/SCIA (Business commencement statement/Certificate of business commencement) of the Organiser;
Validity period of the catalogue or custom tour plan;
Terms and conditions for the replacement of the tourist as a result of the transfer or sale of package tour purchase contract (art. 39 of Tourism Code);
Parameters and criteria for the adjustment of the price of the journey as a result of allowed revisions (art. 40 of Tourism Code).
5.2. The Organiser shall also insert in the technical sheet any additional special conditions.
5.3 The Organiser shall provide, before the tourist commences the journey, all indications and information on the package tour not contained in the contract documents, brochures or other written media as required by art. 37, paragraph 2 of Tourism Code.
5.4 Upon contract conclusion the Organiser shall also provide the passengers with information about the actual carrier(s) used for the journey, subject to the provisions of article. 11 of EC Regulation no. 2111/2005, and it shall also inform passengers in case the carrier(s) has/have been included in the so-called”Black list” under that same Regulation.
6.RESERVATIONS – PRE-CONTRACT INFORMATION – PROCEDURE FOR CONCLUDING THE CONTRACT (ART. 12 OF LEGISLATIVE DECREE NO. 70/2003)
The reservation proposal must be made on an online form located in the relevant section of the portal. The form shall, in accordance with art. 13, paragraph 2 of Legislative Decree 70/2003 contain the essential features of the package tour, the details of the price and terms of payment, the information on the waiver of right to withdrawal pursuant to Art. 52 of Legislative Decree 6.9.2005, n. 206 and all information on penalties due from the tourist in case of the latter’s unilateral withdrawal from the contract. After filling in the form and confirming it the tourist may submit the form: the booking system shall generate an automatic email notification that will be sent to the customer, to the Organiser and to any suppliers; said email shall be regarded as a receipt pursuant to art. 13, paragraph II, Legislative Decree no. 70/2003.
Both the reservation proposal and its confirmation shall be considered received when the system automatically sends them and no error message is generated.
6.6 The Tour Organisation Contract shall be stored in the relevant section of the portal and the tourists may to access it directly from the home page with their access credentials. Any further information on collection; treatment and storage of personal data is described in full detail in the “Privacy conditions” document, which is available for reading and download.
7.1 The amount of downpayment, which cannot exceed 25% of the price of the Tour Package, and which shall be paid upon ordering/booking or upon submitting a legally binding request and the date of payment of the outstanding balance of the aforesaid amount shall be described in the catalogue, custom tour plan or in any specific instructions published by the Tour Organiser and also, at the time of booking, in the Offers and Accommodation sections in the Portal.
Failure to pay the above mentioned amounts by the due dates constitutes grounds for termination of Contract by right on part of the Organiser pursuant to Art. 1456 of Civil Code.
The price of the package is specified in the contract and references the catalogue or the custom tour plan and subsequent updates thereof, all published in and downloadable from the Offers and Accommodation sections of the Portal. The price may be changed, pursuant to art. 40 of the Tourism Code, up to 20 days prior to departure (this time period includes the notice sending day) only as a result of changes in:
• transportation costs, including the cost of fuel;
• Rights and taxes on certain types of tourist services such as taxes, fees or charges for landing, embarkation or disembarkation at ports and airports;
• Municipal taxes (entry or stay);
• Exchange rates relevant to the package tour.
All of these changes and adjustments will refer to and make use of the exchange rates and costs/fees in use at the date the travel plan is published (as stated in the technical sheet) or at the date of the relevant update.Fluctuations in said costs shall affect the lump sum price of the package in the percentage indicated in the catalogue or custom tour plan.
9.CHANGE OR CANCELLATION OF THE PACKAGE TOUR BEFORE DEPARTURE
Before departure, the Organiser or the Agent who may need to significantly change one or more elements of the contract shall immediately notify this fact in writing to the Tourist, indicating the type of change and the new price.
If the proposed change is not accepted, the tourist shall have the right to either be returned the money already paid or be offered a replacement package tour pursuant to the 2nd and 3rd paragraph of Article 10.
The tourist can exercise the rights provided for above even when the cancellation depends on the failure to reach the minimum number of participants required by the catalogue or the custom tour plan or in cases of force majeure or fortuitous events related to the purchased package tour.
For cancellations other than those caused by force majeure, by accident and failure to reach the number of participants and non-acceptance by the tourist of the alternative tourist package offered , the cancelling Organiser (Art. 33 letter. e) of Legislative Decree 206/2005) shall return to the tourist an amount twice higher than what was paid to and collected by the Organiser. The refunded sum shall never be higher than double the whole amount the tourist, pursuant to Art. 10, paragraph 4 would have to pay if he/she had cancelled the journey.
10.WITHDRAWAL OF TOURIST
The tourist can withdraw from the contract without paying penalties in the following cases:
an increase in price, as per art. 7 of more than 10%;
one or more significant changes to one or more contract elements that can be regarded as fundamental for the enjoyment of the package tour, proposed by the Organiser after the coming into force of the contract but before the departure and not accepted by tourist.
In all the cases above the tourist shall be entitled, alternatively, to:
have access to an alternative package tour, without extra charges or also featuring a refund of the difference in price should this new package be of lower value than the first;
be refunded of the amount of money already paid. This refund shall be carried out within seven working days from the receipt of the refund request.
The tourist must communicate his decision (to accept the change or withdraw) no later than two business days from the receipt of the notice of increase or change. If no notice of refusal or acceptance is issued within this deadline the proposal made by the Organiser is regarded as accepted.
The tourist who withdraws from the contract before the departure for reasons outside those described in paragraph 1 above or in the case provided for by art. 7, paragraph 2, will be charged with the following, regardless of whether the downpayment set forth in art. 7 paragraph 1 has been paid: the administration and management costs for the tour, for the withdrawal the following penalties:
10% of the participation fee up to 30 days before the start of the trip or stay.
25% of the participation fee up to 23 days before the start of the trip or stay.
50% of the participation fee up to 11 days before departure of the trip or stay.
75% of the participation fee up to 3 days before the start of the trip or stay.
No reimbursement after this deadline, let alone who does not show up at the start (or at the beginning of the stay) or will renounce during the course of the trip or STAY
11.CHANGES AFTER DEPARTURE
If, after the tourist’s departure for the journey, the Organiser has the need to modify a significant part of the services provided to the Tourist for any reason other than a personal reason of the Tourist the Organiser shall provide alternative solutions without price charges for the tourist. Should the alternative services provided be of lesser value than the contract ones the Organiser shall refund the price difference to the Tourist.
If it is not possible to offer any alternative service, or the solution offered by the Organiser is refused by the Tourist for proven and justified reasons, the Organiser will provide without additional charge a means of transport equivalent to that originally planned for the return to the place of departure or to any other agreed place, consistent with the availability of such means and places, and it also shall reimburse the difference between the cost of the intended services and the services performed up to the time of early return.
The Tourist may be substituted by another person provided that:
a. the Organiser is informed in writing of the substitution at least 4 working days before the departure date and it is also informed of the reasons for the substitution and the details of the new Tourist;
b. the new Tourist meets all the requirements for the use of the service (pursuant to art. 39 of Tourism Code) and in particular the requirements related to or passports, visas, health certificates;
c. it is still possible to supply the same services or other services to the new Tourist;
d. the new Tourist reimburses the Organiser all the additional expenses needed to substitute the Tourist; the amount of said expenses shall be quantified before the transfer.
The old Tourist and the new Tourist are jointly and severally liable for the payment of the balance of the price and of the amounts referred to in subparagraph d) of this Article.
Any additional terms and conditions of Tourist substitution are indicated in the technical sheet referred to in art. 5.
13.DUTIES FOR TOURISTS
During the negotiations and before the contract is concluded, the citizens belonging to the European Union Member States shall be given written general information – updated to the date of printing of the catalogue – pertaining to health obligations and to the necessary travel documents. The non-EU citizens, instead, shall collect the corresponding information through their diplomatic representatives in Italy and/or through the respective official and governmental information channels. In any case all tourists shall take care, before the departure, to verify that said information are up-to-date by checking them up with the relevant authorities (for Italian citizens the closest Police Headquarters or the Ministry of Foreign Affairs through the site www. viaggiaresicuri.it or the Central Telephone Information Centre number 06.491115) and adapt themselves to the information received. Failure to verify the information relieves the broker or the Organiser from any responsibility for the Tourist’s being unable to actually depart for the journey.
Consumers must inform the Organiser of their citizenship and, before departure, they shall make sure they have all vaccination certificates, personal passport and any other document required for all the countries reached by the journey as well as any required visa and health certificates, and that all such documents are fully valid. In addition to that, in order to assess the health and security of the countries of destination and, therefore, the actual usability of services purchased or to be purchased, the tourist shall retrieve (making use of information sources referred to in subsection 2) the official general information at the Ministry of Foreign Affairs that lists all the officially non-recommended destinations: should the Tourist choose to nonetheless acquire the package tour and travel to said destination(s) the Tourist will willingly accept all the risks of the journey, also for the purpose of relieving of responsibilities as per art.46 of the Tourism Code. Consumers shall also follow the general rules of prudence and diligence and the specific behaviour rules in force in the countries of destination, complying with all the information provided by the Organiser, as well as with rules, regulations and laws related to the package tour. The consumers shall be liable for all damages that the Organiser and/or Agent may suffer also because of their failure to comply with the above mentioned obligations, including the costs necessary for their repatriation. The Tourist shall provide the Organiser with all documents, information and evidence in its possession relevant to the Tourist’s right to exercise the right of subrogation, pursuant to art. 48 of the Tourism Code against third parties responsible for the damage and is responsible to the Organiser for any prejudice to the right of subrogation. The Tourist shall also communicate in writing to the Organiser, at the time of booking, any special personal requests that may be the subject of specific agreements on the travel arrangements, provided said requests can actually be satisfied. The Tourist is obliged to inform the Organiser of any needs or special conditions that might affect the journey (pregnancy, food allergies, disabilities, etc …) and to explicitly specify any special or customised service required.
The official classification of hotels provided in the catalogue or in other information material is based exclusively on formal indications of the relevant classification authority of the country where the service is provided. 14.2 In absence of official classifications recognized by public authorities of the countries members of the EU where the service is provided, the Organiser reserves the right to provide in the catalogue or brochure a description of the accommodation in order to allow the Tourist to evaluate and choose it.
15.LIMITS TO THE RESPONSABILITY
The Organiser is liable for damages caused to Tourists as a result of partial or full breach of contract, regardless of contract services being provided directly by the Organiser or by third party service providers, unless the Organiser proves that the event was caused by actions of the Tourist (including initiatives taken by the Tourist during the enjoyment of tourist services) or by the unforeseeable or unavoidable action of a third party, by unavoidable circumstances outside the scope of the services provided under this contract, by accident, by force majeure, or by circumstances that the Organiser could not, according to professional diligence, reasonably foresee or forestall.
16.CIVIL LIABILITY INSURANCE – COMPENSATION LIMITS
The compensation pursuant to Articles 44, 45 and 47 of the Tourism Code and its limits and expiry are governed by the provision in this document and in any case by the limits established by the CCV and by the International Conventions governing the services included in package tours as well as by Articles 1783 and 1784 of Civil Code.
18.OBLIGATION TO ASSIST
The Organiser shall provide assistance to tourists in compliance with the professional diligence criterion only and exclusively for what concerns the obligations provided for by the laws in force or by this contract. The OrganiSer and the Agent are exempted from their responsibilities set forth in Articles 15 and 16 if and when their improper performance or non-performance of contract obligation is attributable to the Tourist, or depends on an unforeseeable or unavoidable action by a third party or was caused by a fortuitous or force majeure event.
The Tourist shall report any non-compliance of the contract suffered during their use of the package tour by promptly submitting a compliant so that the Organiser, its local representative or the tourist guide can remedy the situation promptly. Failure to do so will cause a reduction or the total cancellation of compensation of damages pursuant to art. 1227 of Civil Code.
20.INSURANCE AGAINST CANCELLATION AND RETURN COSTS
Unless these are not explicitly included in the package price, we recommend to subscribe, at the Organiser’s office at the time of booking, a special insurance policy to cover costs related to package tour cancellation, injury and loss or damage to luggage. It is also possible to enter into a service contract covering the return travel to the Tourist’s country in case of accidents, illness and/or force majeure. The Tourist shall exercise the rights under these contracts exclusively with Insurance Companies with which the policies have been stipulated at the terms and conditions and in the manner provided by these policies.
For tourists from other nations not belonging to this type of insurance in Italy it is recommended to do it directly in their own country .
21.TOOLS FOR ALTERNATIVE RESOLUTION OF DISPUTES
In compliance with the provisions of art. 67 of Tourism Code the Organiser may propose to the Tourist alternative modalities to solve disputes, either on the catalogue, the web site or elsewhere. In this case the Organiser shall detail the various types of alternative methods s and the effects that they have.
The National Guarantee Fund under Article . 51 of the Code of Tourism set up to protect the tourists who are in possession of the contract , provides the following requirements in the event of insolvency or bankruptcy of the intermediary or organizer :
a.refund of the price paid;
b.repatriation in the case of injury or disease.
The fund must also provide immediate economic resources in case of forced return of tourists from non-EU countries in case of the emergency.
The mode of action of the Fund are established by decree of the President of the Council of Ministers of 23/07/99 , n . 349 and the refund applications to the Fund are not subject to any limitation period.
The organizer and the intermediary travel contribute to fuel such Fund as established by paragraph 2 of Art . 51 Cod . Tourism through the payment of the insurance premium that is mandatory required to enter into , a share of which is paid to the Fund with the provisions of art . 6 of the Ministerial Decree 349/99 .
ADDENDUM: GENERAL CONDITIONS OF CONTRACT FOR SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts relating to the offer of only the transport service, stay, or any other separate tourist service, not being able to be configured as a case of negotiation of travel organization or tourist package, are governed by the following provisions of the CCV: art. 1, n. 3 and n. 6; Articles. from 17 to 23; Articles. from 24 to 31, with regard to forecasts other than those relating to the organization contract as well as other agreements specifically related to the sale of the single service object of the contract.
B) CONTRACT CONDITIONS
The following clauses of the general terms and conditions of sale contract for the abovementioned tourist packages are also applicable to these contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of these clauses does not determine the configuration of the relative contracts as a type of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, travel etc.) must therefore be understood with reference to the corresponding figures of the contract for the sale of individual tourist services (seller, stay, etc.).
Mandatory communication pursuant to Article 17 of the law
n. 38/2006: Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.
Respect for children's rights knows no borders.