General conditions of sale contract of tourist packages
1. LAW CODES
The sale of tourist packages, that has as subject services to be supplied nationally or internationally, is disciplined by – till its abrogation according to the art. 3 of the Lgs.D. n. 79 of 23 of May 2011 (the “Tourism Code”) - the L. 27/12/1977 n° 1084 – of rectification and execution of the International Convention in relation to travel contract (CCV), signed in Brussels on the 23.4.1970 – since it is applicable - and also of the Tourism Code (artt.32-51) including its following modifications.
2. ADMINISTRATIVE REGIME
The organiser and the intermediary of the tourist package, to which the tourist addresses, have to be enabled to the execution of the respective activity according to the applicable administrative norms, also regional.
According to the art. 18, comma VI, of the “Tourist Code”, the use in the company name of words like “travel agency”, “tourist agency”, “tour operator”, “travel mediator” or other words or locutions, also in foreign language of similar nature, is allowed only to the enabled company about which in the first comma.
For the purposes of this contract is meant:
a) Travel organiser: the subject that obliges himself in his name and with a lump sum payment to provide to a third party tourist packages, creating the combination of elements of which at the following art. 4 or offering to the tourist, also through a distance system of communication, the possibility of creating autonomously and of buy this combination;
b) Intermediary: the subject who, also not professionally and without profit-making reason, sells or obliges himself to supply tourist packages realized in accordance with the following art.4 through a lump sum payment.
c) tourist: the buyer, the cessionary of a tourist package or any other person also to be nominated, as long as satisfies all the requested conditions to enjoy a service, on behalf of which the main contractor commit himself to buy without remuneration a tourist package.
4. NOTION OF TOURIST PACKAGE
The notion of tourist package is as follows:
“The tourist package have as subjects holiday, travels, all-inclusive holiday, tourist cruise, that are the result of a combination, by anyone or in any way is realized, of at least two of the following elements, sold or offered to sale at a lump sum price: a) transport, b) accommodation, c) tourist services not accessory to the transport or accommodation of which at the art. 36, that are meant to satisfy the entertainment needs of the tourist, significant part of the “tourist package” (art. 34 Tourism Code)
The tourist has the right of receiving a copy of the sale contact of the tourist package (edited in accordance with the modalities of which at the art. 35 T.C.). The contract represents a title to accede to the Guarantee Fund of which at the following art.21
5. INFORMATION TO THE TOURIST – TECHNICAL FORM.
The organiser arranges in the catalogue or in the extra-catalogue program - also on an electronic support or with data transmission – a technical form. The mandatory elements of the technical form of the catalogue or of the extra-catalogue program are:
-data of the administrative authorization or, if applicable, the D.I.A. or S.C.I.A. of the organiser;
- data of the civil responsibility insurance
- period of validity of the catalogue or of extra- catalogue program;
-modalities and conditions to replace a passenger (Art.39 Tur. Code).
- parameters and adjustment criterions of the price of the travel. (Art.40 Tur. Code). The organiser will put also in the technical form other further particular conditions.
At the moment of the conclusion of the contract, the organiser will inform the passengers about the identities of the effective vehicle/s, always according to the art.11 of Reg. CE2111|2005, and of his/their inclusion in the cd. “blacklist” provided in the same regulations.
The proposal of booking should be edited on an specific contract module, even if it is electronic, filled in every parts and signed by the customers, who will receive a copy of it.
The acceptation of the booking is meant to be finished, with the consequent end of the contract, only in the moment when the organiser will send the relative confirmation, also through data transmission, to the tourist at the agency of intermediary travels. The organiser will supplies before the departure the indications about the tourist packages not included in the contractual documents, in the leaflets or in other written communications medium, according to the law, art. 37, comma 2 Tur. Code.
In accordance with the art. 32, comma 2, T. Code, in case of contract concluded at distance or out of the commercial places (as is defined in the art. 50 and 45 of Lgs.D. 206/2005), the organiser reserves to communicate in written form the non existence of the right of cancellation according to the art 64 and to the Lgs. D. 206/2005.
Deposit charges, up to a maximum of 25% of the whole tourist packages, which has to be paid at the booking or at the binding request and the date within which, before the departure, will have to be done the full payment in accordance with the catalogue, the leaflet or anything else.
The missed payment of the sums, at the prefixed dates, will be an expressed resolution clause, in such a way to determine the lawful resolution of the intermediary agency and/or the organiser.
The price of the tourist package depends on the contract, with reference to all that has been written in the catalogue or in the extra-catalogue program and to any details that have been added later in the catalogue or in the extra-catalogue program. It can be changed until 20 days before the departure and only in consequence of the changes of:
- costs of transport, included the fuel cost;
- rights and taxes on some kind of tourist services like embark/disembark fees in the harbours and airports:
- exchange rates applied to the package in question.
Such changes will be in accordance with the pre-said variations and costs starting from the publication of the program, as reported in the technical form of the catalogue, or at the reported date in the possible updating.
The oscillations will influence the lump sum price of the tourist packages in the percentages clearly indicated in the technical form of the catalogue or in the program out of the catalogue.
9. CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE THE DEPARTURE
Before the departure the organiser or the intermediary that needs to significantly change one or more elements of the contract, has to inform immediately in a written form the tourist, indicating the type of modifications and the consequent variation of the cost.
In case the tourist does not accept the changes of which at the comma 1, the tourist can exert the right of having his money back or of having a substitute tourist package according to comma 2 and 3 of the article 10.
The tourist can exert the pre-said rights also when the cancellation depends on the missed reaching of the minimum number of participants required in the catalogue or in the extra-catalogue program or on extenuating circumstances and fortuitous case, related to the bought tourist package.
For the cancellations different from those depending on extenuating circumstances, on fortuitous case and on the missed reaching of the minimum number of participants, and also for those different from the missed acceptation of the tourist of the offered alternative tourist package, the organiser that cancels (Art. 33 lett. and Cons. Cod.) will give back to the tourist the double of the money paid by him and cashed in by the organiser, trough the travel agency. The amount of money returned to the tourist is never going to be more than the double of the amounts of which the tourist would be in pair debt in case is the tourist that cancels (according to the art. 10, comma 4).
10. TOURIST RECESSION
The tourist can cancel the contract, without having to pay any penalty in the following cases:
- increase of the price of which at the previous art. 8 more than 10%.
- significant change of one or more elements in the contract which is/are objectively considered fundamental for the fruition of the tourist package, considered and proposed by the organiser after the conclusion of the Contract, but before departure and not accepted by the tourist.
In the above mentioned cases, the tourist will alternatively have the right to:
- choose an alternative tourist package, without price supplements and with the reimbursement of any extra cost if the chosen tourist package has an value inferior than the first;
- receive a refund of the deposit already paid. This refund must be made within 7 working days from the date of receipt of the request.
The tourist must communicate the decision taken (acceptance of the modification, or cancellation) within two working days from the date of receipt of the communication of cost increase or modification. If the tourist does not expressly communicate a decision within the above mentioned time limit, the proposal formulated by the travel organiser will be considered accepted.
Tourists who cancel the contract before departure for reasons not listed in the first comma, or in the case mentioned in the art. 7, comma 2, will be debited - regardless of the payment of the deposit mentioned in article 7, comma 1 - the individual cost of administration, a penalty in accordance with the percentage indicated on the technical form in the catalogue or extra-catalogue program, or made-to-measure tour, any cost of insurance cover already requested at the time of conclusion of the contract or for any other services already given.
In the case of pre-established groups, such sums will be agreed upon each time when signing the contract.
A Tourist who is unable to travel can be substituted by another person if:
a) the travel organiser is informed in written form at least 4 working days before the date of departure, and at the same time receiving the reasons for the substitution and is informed of the details regarding the substitute;
b) the substitute satisfies all the conditions for the fruition of the service (ex. Article 89 of the Tourist Code), in particular requirements regarding passports, entry permits, and health certificates;
c) the same services or other substitution services can be given following the substitution;
d) the substitute reimburses the travel organiser of all the additional costs sustained for the substitution procedure, the amount of which will be quantified before substitution.
The original tourist and the substitute are both liable for the payment of settlement and of the amounts mentioned at the letter d) of the present article.
Further requirements and conditions regarding substitutions are indicated in the technical form.
13. TOURIST OBLIGATIONS
During negotiation and before the conclusion of the contract, to the Italian citizens will be given written general information - updated to the date of printing - regarding health obligations and the documentation necessary for repatriation. Foreign citizens can find the corresponding information through their respective diplomatic representatives present in Italy and/or through the official Government information channels. In any case, before departure the users must check any updates with the relevant authorities (for Italian citizens the local police headquarters or the Foreign Affairs Ministry through the web site www.viaggiaresicuri.it or by contacting the Call Centre on number 06.491115) and conform to the information received before the trip. In the absence of such verification, the travel organiser or the intermediary cannot in any way be held responsible if one or more users do not depart.
The users must inform the travel organiser or the intermediary of their citizenship and, upon departure, must verify vaccination certificates, individual passports, and any other kind of document valid for all the countries included in the itinerary of the journey. This also includes visas, transit passes, and health certificates if requested.
Furthermore, to evaluate the sanitary and safety situations in the destination countries and, therefore, the usability of the services acquired or to be acquired, the tourist will check (through the use of the aforementioned information channels at the comma 2) the official general information given by the Foreign Affairs Ministry which expressly indicates if the destinations are considered inadvisable.
The users must also respect the laws and all the regulations in force in the countries which are the destination of the journey, all the information given by the travel organiser, and the regulations regarding the administrative or legislative provisions in relation to tourist package. The users will be liable for all damages that the travel organiser and/or the intermediary may undergo if the above mentioned obligations are not respected, also included the expenses for their repatriation.
The tourist is obliged to give to the travel organiser all the documents, information and elements in his possession that can be useful for the exercise of the right of subrogation of this latter towards third parties responsible for damages, and is liable towards the travel organiser for the detriment of the right of subrogation.
At the time of reservation, the tourist will notify in written form to the travel organiser all the personal requests that may be the subject of specific agreements on the conditions of travel, provided that these requests are practicable.
The tourist is obliged to inform the intermediary and the travel organiser of any requirements or particular conditions (pregnancy, food intolerances, disabilities, etc.) and to explicitly specify any request for personalised services.
14. HOTEL CLASSIFICATION
The official classification of hotels is given in the catalogue or in other informative material only on the basis of the expressed and formal indications given by the competent authorities of the country in which the service is given. In the absence of an official classification recognised by the competent Public Authorities of the country - even if member of the EU - the travel organiser reserves the right to give in the catalogue or a brochure a full description of the hotel, so to allow the user to evaluate and successively to accept the proposal.
15. RESPONSIBILITY REGIME
The travel organiser is liable for damages caused to the tourist in relation to the total or partial non-fulfilment of the services specified in the contract, whether the services are carried out directly by the organiser or by third parties, unless it is proven that this non-fulfilment is caused by the tourist (this includes autonomous initiatives that the tourist assumes during the journey) or caused by circumstances which are outside the services foreseen by the contract, by fortuitous cases, by circumstances beyond control, that is, by circumstances that the organiser could not reasonably foresee or solve.
The intermediary used for the reservation of the tourist package is not liable for obligations arising from the organisation of the journey, but is exclusively responsible for the obligations arising from the role of intermediary and, however, within the limits foreseen by the laws in force for such responsibility, except for the exoneration of which at the art. 46 Tourism Code.
16. COMPENSATION LIMITS
Compensation of which at the art. 44, 45 and 47 of the T. Code and the relatives terms of prescription are disciplined by what is here mentioned and however within the fixed limits by the C.C.V., by the International Conventions that discipline the performances that are the subject of the tourist package and by the art. 1783 and 1784 of the civil code.
17. ASSISTANCE OBLIGATIONS
The organiser is obliged to give assistance to the tourist in accordance with the criteria of professional diligence with exclusive reference to the obligations for which they are responsible in accordance with the law or with the contract.
The organiser or the intermediary are exonerated from their respective responsibilities (articles 15 and 16 of the present Sale Contract) when the non-fulfilment or inadequate execution of the contract is attributable to the tourist, or depends on the unpredictable or inevitable character of a third party, or is caused by a fortuitous cause or by circumstances beyond its control.
18. COMPLAINTS AND DENUNCIATIONS
Every lack in the fulfilment of the contract must be contested by the tourist during the fruition of the package trough prompt presentation of complaint, so that the travel organiser, its local representative or the travel courier can quickly correct the situation. Otherwise, the reimbursement of the damage will be diminished or excluded according to the art. 1227 c.c.
The tourist also must – decadence penalty - report the complaint by sending a recorded delivery letter, with acknowledgement of receipt, or any other means that can guarantee the evidence of the occurred reception, to the organiser or the intermediary, within and not more than 10 working days from the date of return to the point of departure.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
If these are not expressly included in the cost, it is possible and advisable to stipulate, at the moment of reservation in the offices of the organiser or of the seller, a special insurance policy against the costs deriving from the cancellation of the tourist package, from possible injury and baggage loss or damage. It is also possible to request an assistance contract which covers expenses related to repatriation in the case of injury, disease, fortuitous case or extenuating circumstances.
The tourist will exert his rights deriving form those contracts exclusively towards the stipulating Insurance Companies, at the conditions and at the modality fixed in those insurance policies.
20. ALTERNATIVE TOOLS OF RESOLUTION OF DISPUTES
According to the art. 67 T.Code, the organiser can propose to the tourist – from the catalogue, his website or in other ways – an alternative resolution modality of the arisen disputes. In that case, the organiser will indicate the kind of the proposed alternative resolution and the effects that the acceptance can involve.
21. GUARANTEE FUND (art. 51 Tourism Code)
The National Guarantee Fund instituted for the protection of consumers that have an organised travel contract, it arranges the following measures in the case of insolvency or declared bankruptcy of the travel organiser or of the intermediary:
a) reimbursement of the paid sum;
b) repatriation in the case of a journey abroad;
The Fund also gives immediate economic availability in the case of forced repatriation of tourists from countries outside the EU in emergency situations which are due or not due to the behaviour of the organiser.
The conditions of intervention of the Fund are established by a Decree of the Prime Minister dated 23/07/99, No. 349 and the reimbursement requests to the Fund are not subjected to any deadlines. The organiser and the intermediary contribute to nourish this Fund in the terms of the comma 2, art. 51 T. Code, through the payment of the compulsory insurance premium that is due to stipulate, a part of which is deposited in the Fund with the modalities fixed in the art. 6 of the DM 349/99.
GENERAL CONDITIONS OF SALE CONTRACT OF SINGLE TOURIST SERVICES
A) NORMATIVE REGULATIONS
The contracts having as subject only the offer of transport service or stay in hotel, or of any other separated tourist service, since cannot be configured as travel organization or tourist package, and are disciplined by the following dispositions of the CCV: art 1, n. 3 and n. 6, art. from 17 to 23; art. from 24 to 31 (limited to the parts of those dispositions that are not referred to the organization contract) and also by the others agreements specifically referred to the sale of the single service subject of the contract. The seller that obliges to supply to third parties, also on the internet, a disaggregated tourist service, is bound to give to the tourist the documentations about this service, which report the paid amount for the service and cannot in any way be considered a travel organiser.
B) CONDITIONS OF CONTRACT
To those types of contracts are also applicable the following clauses of the general conditions of sale contract of tourist packages as above reported: art. 6 comma1; art. 7 comma 2; art. 13; art. 18.
The application of these clauses absolutely does not determine the configuration of the relative services as tourist package. The terminology of the foresaid clauses relative to the contract of the tourist package (organiser, travel etc.), therefore is meant with reference to correspondent figures of the sale contract of the single tourist services (seller, stay, etc.).
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FORMS TRAVEL CONTRACT
Click here to download the travel contract
Click here to download the reservation form
It is possible to make the payments in following ways:
Download here the form for the payment with credit card for reservation 7 days from the arrival
Download here the form for the payment with credit card for reservation until 8 days before the arrival(in this case it is possible to pay with bank transfer, for payments with credit card will be added a supplement of 1,8% of commission calculated on the total amount to withdraw)
To pay with bank transfer, send us and email and ask for our bank routing number.
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