GENERAL TERMS AND CONDITIONS FOR THE SALE OF TOURIST PACKAGES
1. LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is regulated – until its repeal pursuant to art. 3 of Legislative Decree no. n. 79 of 23 May 2011 (the “Tourism Code”) – by Law no. 1084 of 27/12/1977 ratifying and implementing the International Convention on Travel Contracts (CCV), signed in Brussels on 23.4.1970 – as applicable – as well as by the Tourism Code (Articles 32-51) and its subsequent amendments.
2. ADMINISTRATIVE ARRANGEMENTS
The organiser and the intermediary of the tourist package, to whom the tourist turns, must be qualified to carry out their respective activities according to the applicable administrative regulations, including regional ones.
Pursuant to art. 18, paragraph VI, of the Tourism Code, the use in the name or corporate name of the words “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other words and phrases, including foreign language, similar in nature, is permitted only to companies qualified under the first paragraph. , “tour operator”, “travel mediator” or other words and phrases, even in a foreign language, of a similar nature, is allowed only to companies qualified under the first paragraph.
For the purposes of this contract the following shall mean:
a) travel organizer: the person who undertakes in its own name and for a fixed fee, to provide third parties with tourist packages, making the combination of elements referred to in Article 4 below or offering tourists, including through a system of distance communication, the opportunity to independently create and purchase this combination;
b) intermediary: the subject who, also not professionally and not for profit, sells or undertakes to procure tourist packages made in accordance with the following art. 4 for a flat fee;
c) tourist: the purchaser, the transferee of a tourist package or any person, also to be named, provided that they meet all the conditions required for the use of the service, on whose behalf the principal contractor undertakes to purchase a tourist package without remuneration.
4. NOTION OF TOURIST PACKAGE
The notion of tourist package is as follows:
“The tourist packages have as their object travel, holidays, all-inclusive tours, tourist cruises, resulting from the combination, by anyone and in any way, of at least two of the elements listed below, sold or offered for sale at a fixed price: (a) transport; (b) accommodation; c) tourist services not ancillary to transport or accommodation, as referred to in art. 36 that constitute, for the satisfaction of the recreational needs of the tourist, a significant part of the “tourist package” (art. 34 Tourism Code).
The tourist has the right to receive a copy of the contract of sale of a tourist package (drawn up in accordance with the terms of Art. 35 of the Tourist Code). The contract constitutes an entitlement to access the Guarantee Fund as per art. 21 below.
5. TOURIST INFORMATION – DATA SHEET
The organizer shall provide a technical sheet in the catalogue or in the programme outside the catalogue – also in electronic format or by telematic means -. The mandatory elements of the catalog or out-of-catalogue program data sheet are:
- details of the administrative authorization or, if applicable, the D.I.A. or S.C.I.A. of the organizer;
- details of the civil liability insurance policy;
- period of validity of the catalogue or non-catalogue programme;
- terms and conditions of replacement of the traveler (Art. 39 Cod. Tur.);
- parameters and criteria for adjusting the price of the trip (Art. 40 Tourist Code).
The organiser will also include any further special conditions in the data sheet.
At the time of the conclusion of the contract, the organizer will also inform passengers about the identity of the actual carrier(s), subject to the provisions of art. 11 of Reg. EC 2111/2005, and its/their possible inclusion in the cd. “black list” provided for by the same Regulation.
The booking proposal must be drawn up on a special contract form, if necessary electronic, filled in in every part and signed by the customer, who will receive a copy.
The acceptance of bookings is understood to be finalised, with the consequent conclusion of the contract, only when the organiser sends confirmation, also by electronic means, to the tourist at the intermediary travel agency.
The organiser will provide, prior to departure, any information relating to the tourist package that is not contained in the contractual documents, brochures or other means of written communication, as provided for in art. 37, paragraph 2 Cod. Tur.
Pursuant to art. 32, paragraph 2, of the Tourist Code, in the case of contracts concluded at a distance or off-premises (as defined respectively in Articles. 50 and 45 of Legislative Decree 206/2005), the organiser reserves the right to communicate in writing the non-existence of the right of withdrawal provided for in Articles. 64 et seq. of Legislative Decree 206/2005.
The amount of the deposit, up to a maximum of 25% of the price of the tourist package, to be paid at the time of the booking, is as follows
of the reservation or at the time of the binding request and the date by which, before departure, the balance must be paid, resulting from the catalog, brochure or whatever.
Failure to pay the above amounts by the due dates shall constitute an express termination clause in the form of a claim for damages.
to determine, by the intermediary agency and / or the organizer, the legal termination.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or program out of print and any updates of the same catalogs or programs out of print subsequently occurred. It may be changed up to 20 days prior to departure and only as a result of changes in:
- transport costs, including fuel costs;
- dues and taxes on certain types of tourist services, such as landing, disembarkation or embarkation taxes or fees at ports and airports;
- exchange rates applied to the package in question.
For such variations, reference will be made to the exchange rate and costs mentioned above in force on the date of publication of the program, as reported in the technical sheet of the catalog, or on the date reported in any updates mentioned above.
The fluctuations will affect the package price of the tourist package in the percentage expressly indicated in the data sheet of the catalogue or program not included in the catalogue.
9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Before departure, the organizer or the intermediary who needs to significantly change one or more elements of the contract, shall immediately notify in writing to the tourist, indicating the type of change and the resulting change in price.
If the tourist does not accept the proposed amendment referred to in paragraph 1, he/she may exercise the right either to reacquire the sum already paid or to enjoy the offer of a replacement tour package pursuant to paragraphs 2 and 3 of Article 10.
The tourist may exercise the rights provided above even when the cancellation depends on the failure to reach the minimum number of participants in the catalog or in the program outside the catalog or in cases of force majeure and unforeseeable circumstances, relating to the tourist package purchased.
For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as for those other than the lack of acceptance by the tourist of the alternative tourist package offered, the organizer who cancels, (Art. 33 letter. e Cod. Cons.) will return to the tourist twice the amount paid by the same and collected by the organizer, through the travel agent.
The sum to be refunded will never be more than twice the amounts of which the tourist would be liable on the same date as provided for in art. 10(4) if he were to annul.
10. WITHDRAWAL OF THE TOURIST
The tourist can withdraw from the contract, without paying penalties, in the following cases:
- increase in the price as per art. 8 above by more than 10%;
- significant modification of one or more elements of the contract objectively configurable as fundamental for the fruition of the tourist package considered as a whole and proposed by the organizer after the conclusion of the contract itself but before the departure and not accepted by the tourist.
In the above cases, the tourist is alternatively entitled:
- to take advantage of an alternative tourist package, with no extra charge or with the refund of the excess price, if the second tourist package is of a lower value than the first;
- the restitution of only that part of the price already paid. Such return must be made within seven working days of receipt of the refund request. The tourist must give notice of his decision (to accept the change or to withdraw) no later than two working days from the time he received the notice of increase or change. In the absence of express communication within the above-mentioned period, the proposal made by the organizer is considered accepted.
To the tourist who withdraws from the contract before the departure outside the cases listed in the first paragraph, or in the case provided for by art. 7, paragraph 2, will be charged – irrespective of the payment of the advance as per art. 7 paragraph 1 – the individual cost of practical management, the penalty to the extent indicated in the data sheet of the tour or program out of print or tailor-made travel, any amount of insurance coverage already required at the time of conclusion of the contract or for other services already rendered.
In the case of pre-established groups, these amounts will be agreed on a case-by-case basis when the contract is signed.
11. CHANGES AFTER DEPARTURE
The organizer, if after the departure is unable to provide for any reason, except for a fact of the tourist, an essential part of the services covered in the contract, must provide alternative solutions, without additional charges to the contracting party and if the services provided are of lower value than those provided, reimburse the difference.
If no alternative solution is possible, or the solution provided by the organizer is refused by the tourist for proven and justified reasons, the organizer will provide, without extra charge, a means of transport equivalent to the original one provided for the return to the place of departure or to a different place possibly agreed, subject to availability of means and places, and will reimburse the difference between the cost of services provided and the services provided until the time of early return.
The renouncing tourist can be replaced by another person provided that:
a) the organizer is informed in writing at least 4 working days before the date fixed for the departure, receiving at the same time communication about the reasons for the replacement and the personal details of the transferee;
b) the assignee meets all the conditions for the use of the service (ex art. 39 Cod. Tur.) and in particular the requirements relating to passport, visas, health certificates;
(c) the services themselves or any replacement services may be provided as a result of the substitution;
d) the substitute shall reimburse the organiser for all additional expenses incurred in making the replacement, to the extent that will be quantified before the transfer.
The transferor and the transferee shall be jointly and severally liable for the payment of the balance of the price as well as for the amounts referred to in point (d) of this Article.
Any further terms and conditions of replacement are indicated in the data sheet.
13. OBLIGATIONS OF TOURISTS
During the negotiations and in any case before the conclusion of the contract, Italian citizens will be provided in writing with general information – updated to the date of printing of the catalogue – regarding their health obligations and the documentation necessary for expatriation. Foreign citizens will find the corresponding information through their diplomatic representations in Italy and/or their respective official government information channels.
In any case, tourists will check the updates with the competent Authorities before departure (for Italian citizens the local Police Headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Operations Centre by phone at 06.491115) and will adapt before the trip. In the absence of such verification, no responsibility for the missed departure of one or more tourists can be attributed to the intermediary or the organizer.
Tourists must inform the intermediary and the organizer of their citizenship and, at the time of departure, must ensure that they are definitely equipped with vaccination certificates, individual passports and any other document valid for all countries covered by the itinerary, as well as visas, transit and health certificates that may be required.
In addition, in order to assess the health and safety situation in the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the tourist will find (using the information sources indicated in paragraph 2) the official information of a general nature at the Ministry of Foreign Affairs which expressly indicates whether or not the destinations are subject to formal discouragement.
Tourists must also comply with the rules of normal prudence and diligence and those specific rules in force in the countries of destination of the trip, all the information provided to them by the organiser, as well as regulations, administrative or legislative provisions relating to the tourist package. Tourists will be held liable for all damages that the organizer and / or the intermediary may suffer due to failure to comply with the above obligations, including the costs necessary for their repatriation.
The tourist is required to provide the organiser with all documents, information and elements in his possession useful for the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible to the organiser of the damage caused to the right of subrogation.
The tourist will 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 travel arrangements, provided that it is possible to implement them.
The tourist is always required to inform the intermediary and the organiser of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) and to explicitly specify the request for personalised services.
14. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalogue or in other informative material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the countries, including members of the EU, to which the service refers, the organiser reserves the right to provide its own description of the accommodation in the catalogue or brochure, so as to allow an evaluation and consequent acceptance of the same by the tourist.
15. LIABILITY REGIME
The organiser is liable for damages caused to the tourist due to the total or partial non-fulfilment of the contractually due services, whether these are carried out by him personally or by third party service providers, unless he proves that the event is due to the tourist (including initiatives taken independently by the latter during the execution of tourist services) or by a third party of an unforeseeable or inevitable nature, from circumstances unrelated to the provision of services under the contract, by accident, force majeure, or circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve.
The intermediary with whom the booking of the tourist package has been made is not responsible in any case for the obligations arising from the organization of the trip, but is responsible only for the obligations arising from its capacity as intermediary and, in any case, within the limits provided for such responsibility by the rules in force, except for the exemption referred to in art. 46 Cod. Tur.
16. LIMITS OF COMPENSATION
The compensation referred to in articles 44, 45 and 47 of the Tourism Code and the relative terms of prescription, are governed by what is provided for therein and in any case within the limits established by the C.C.V., by the International Conventions that govern the pre-stations that form the object of the tourist package as well as by articles 1783 and 1784 of the Civil Code.
17. DUTY OF CARE
The organiser is obliged to provide assistance measures to the tourist according to the criterion of professional diligence with exclusive reference to its obligations under the law or contract.
The organiser and the intermediary are exonerated from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failed or inexact execution of the contract is attributable to the tourist or is due to the fact of a third party of an unforeseeable or inevitable nature, or has been caused by a fortuitous event or force majeure.
18. COMPLAINTS AND CLAIMS
Any shortcomings in the execution of the contract must be challenged by the tourist during the use of the package by promptly filing a complaint so that the organizer, his local representative or the guide can promptly remedy them. Otherwise the compensation for damages will be reduced or excluded in accordance with Art. 1227 c.c.
The tourist must also – under penalty of forfeiture – make a complaint by sending a registered letter, with return receipt, or other means that guarantees proof of receipt, to the organiser or intermediary, no later than ten working days from the date of return to the place of departure.
19. CANCELLATION AND REPATRIATION INSURANCE
If not expressly included in the price, it is possible, and indeed advisable, to stipulate at the time of pre-notification at the offices of the organiser or intermediary special insurance policies against the costs arising from the cancellation of the tourist package, any accidents and events relating to luggage transported. It will also be possible to take out an assistance contract to cover the cost of repatriation in the event of accident, illness, chance and/or force majeure. The tourist will exercise the rights arising from these contracts exclusively against the stipulating Insurance Companies, under the conditions and in the manner provided by these policies.
20. ALTERNATIVE DISPUTE RESOLUTION TOOLS
Pursuant to and with the effects of Art. 67 Cod. Tur. the organizer may propose to the tourist – in the catalog, on its website or in other forms – alternative ways of resolving disputes arising. In this case the organizer will indicate the type of alternative resolution proposed and the effects that such adherence entails.
21. GUARANTEE FUND (art. 51 Cod. Tur.).
The National Guarantee Fund established to protect tourists who have a contract, provides for the following needs in case of insolvency or bankruptcy declared by the intermediary or organizer:
(a) refund of the price paid;
(b) repatriation in the case of travel abroad.
The fund must also provide immediate economic availability in the event of the forced return of tourists from non-EU countries during emergencies attributable or not to the behaviour of the organiser.
The modalities of intervention of the Fund are established by the decree of the President of the Council of Ministers of 23/07/99, no. 349 and claims for reimbursement to the Fund are not subject to any time limit. The organiser and the intermediary contribute to this Fund in the measure established by paragraph 2 of the cited art. 51 Cod. Tur. through the payment of the compulsory insurance premium that it is obliged to stipulate, a portion of which is paid to the Fund in the manner provided for by art. 6 of DM 349/99.
ADDENDUM TO THE GENERAL TERMS AND CONDITIONS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
(A) REGULATORY PROVISIONS
Contracts which have as their object the offer of transport services only, accommodation services only, or any other separate tourist service, since they cannot be considered as negotiating travel arrangements or tourist packages, are governed by the following provisions of the CCV: art. 1, no. 3 and no. 6; Articles 17 to 23; Articles 24 to 31 (limited to those parts of these provisions that do not refer to the organization contract) as well as other agreements specifically referring to the sale of the individual service under contract. The seller who undertakes to procure an unbundled tourist service for a third party, even by telematic means, is obliged to issue the tourist with the documents relating to this service, which show the amount paid for the service and cannot in any way be considered a travel organiser.
(B) CONTRACTUAL CONDITIONS
The following clauses of the general terms and conditions for the sale of tourist packages listed above are also applicable to these contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18.
The application of such clauses in no way determines the configuration of the relative services as a tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organiser, trip etc.) must therefore be understood with reference to the corresponding figures of the contract for the sale of individual tourist services (seller, stay etc.).
Translation is provided as a courtesy. In the event of a dispute, the Italian version of the text shall apply.