General Terms and Conditions
GENERAL
CONDITIONS
OF
THE
SALES
CONTRACT
FOR
TOURIST
PACKAGES
AND
ADDENDUM
GENERAL
CONDITIONS
OF
THE SALES CONTRACT FOR SINGLE TOURIST SERVICES - Updated in July 2018 by ASTOI
CONTENTS OF THE TOURIST PACKAGE SALE CONTRACT
The
description
of
the
tourist
package
contained
in
the
catalog,
or
in
the
separate
travel
program,
as
well
as
the
booking
confirmation
of
the
services
requested
by
the
traveler,
constitute
an
integral
part
of
the
travel
contract
as
well
as
the
following
general
conditions.
It
is
sent
by
the
tour
operator
to
the
traveler
or
to
the
travel
agency,
as
the
traveller's
agent
and
the
latter
will
have
the
right
to
receive
it
from
the
same.
In
signing
the
tourist
package
purchase
and
sale
proposal,
the
traveler
must
bear
in
mind
that
it
reads
and
accepts,
for
himself
and
for
the
subjects
for
whom
he
requests
the
all-inclusive
service, both the travel contract as regulated therein, and the warnings contained therein, and these general conditions.
1. LEGISLATIVE SOURCES
The
sale
of
tourist
packages,
which
have
as
their
object
services
to
be
provided
in
both
national
and
international
territory,
is
governed
by
the
Tourism
Code,
specifically
by
articles
32
to
51-
novies
as
amended
by
Legislative
Decree
no.
62
of
21
May
2018,
transposing
and
implementing
EU
Directive
2015/2302
as
well
as
by
the
provisions
of
the
civil
code
on
the
subject
of
transport and mandate, as applicable.
2. ADMINISTRATIVE REGIME
The
organizer
and
the
intermediary
of
the
tourist
package,
to
whom
the
traveler
addresses,
must
be
authorized
to
carry
out
their
respective
activities
according
to
current
legislation,
including
regional
or
municipal,
given
the
specific
competence.
The
Organizer
and
the
intermediary
make
known
to
third
parties,
before
the
conclusion
of
the
contract,
the
details
of
the
insurance
policy
to
cover
the
risks
deriving
from
professional
civil
liability,
as
well
as
the
details
of
the
other
optional
or
mandatory
guarantee
policies,
to
protect
travelers.
for
the
coverage
of
events
that
may
affect
the
execution
or
execution
of
the
holiday,
such
as
cancellation
of
the
trip,
or
coverage
of
medical
expenses,
early
return,
loss
or
damage
to
luggage,
as
well
as
the
details
of
the
guarantee
against
the
risks
of
insolvency
or
bankruptcy
of
the
organizer
and
of
the
intermediary,
each
to
the
extent
of
their
competence,
for
the
purpose
of
returning
the
sums
paid
or
returning
the
traveler
to
the
place
of
departure where the tourist package includes the transport service.
Pursuant
to
art.
18,
paragraph
VI,
of
the
Cod.
Tur.,
The
use
in
the
reason
or
company
name
of
the
words
"travel
agency",
"tourism
agency",
"tour
operator",
"travel
broker"
or
other
words
and
phrases,
also
in
a
foreign
language,
of
a
similar
nature,
is allowed only to the qualified companies referred to in the first paragraph.
3. DEFINITIONS
For the purposes of the tourist package contract we mean by:
a)
professional,
any
public
or
private
natural
or
legal
person
who,
in
the
context
of
his
commercial,
industrial,
craft
or
professional
activity
in
organized
tourism
contracts
acts,
also
through
another
person
who
operates
in
his
name
or
on
his
behalf,
in
his
capacity
as
an
organizer,
seller,
professional
who
facilitates
connected
tourist
services
or
as
a
supplier
of
tourist
services, pursuant to the legislation referred to in the Tourism Code.
b)
organizer,
a
professional
who
combines
packages
and
sells
them
or
offers
them
for
sale
directly
or
through
or
together
with another professional, or the professional who transmits the data relating to the traveler to another professional
c) seller, the professional, other than the organizer, who sells or offers for sale combined packages by an organizer.
d)
traveler,
anyone
who
intends
to
conclude
a
contract,
or
stipulates
a
contract
or
is
authorized
to
travel
on
the
basis
of
a
concluded contract, within the scope of the law on organized tourism contracts.
e) establishment, the establishment defined by article 8, letter e), of the legislative decree 26 March 2010, n. 59;
f)
durable
medium,
any
tool
that
allows
the
traveler
or
professional
to
keep
the
information
that
is
personally
addressed
to
him
in
order
to
be
able
to
access
it
in
the
future
for
a
period
of
time
appropriate
to
the
purposes
for
which
they
are
intended
and that allows the identical reproduction of the information memorized;
g)
unavoidable
and
extraordinary
circumstances,
a
situation
beyond
the
control
of
the
party
invoking
such
a
situation
and
the
consequences of which would not have been avoided even by taking all reasonable measures;
h) lack of conformity, a non-fulfillment of the tourist services included in a package.
i)
point
of
sale,
any
premises,
mobile
or
immovable,
used
for
retail
sale
or
retail
website
or
similar
online
sales
tool,
even
if
retail websites or online sales tools are presented to travelers as a single tool, including telephone service;
l) return, the return of the traveler to the place of departure or to another place agreed by the contracting parties.
4. NOTION OF TOURIST PACKAGE
The notion of a tourist package is as follows:
the
combination
of
at
least
two
different
types
of
tourist
services,
such
as:
l.
the
transport
of
passengers;
2.
accommodation
which
is
not
an
integral
part
of
passenger
transport
and
is
not
intended
for
residential
purposes
or
for
long-term
language
courses;
3.
the
rental
of
cars,
other
vehicles
or
motorcycles
and
requiring
a
category
A
driving
license;
4.
any
other
tourist
service
that
is
not
an
integral
part
of
one
of
the
tourist
services
referred
to
in
numbers
1),
2)
or
3),
and
is
not
a
financial
or
insurance service, for the purposes of the same trip or vacation, if yes check at least one of the following conditions:
l)
these
services
are
combined
by
a
single
professional,
even
at
the
request
of
the
traveler
or
in
accordance
with
his
/
her
selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual suppliers, are:
2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
2.2) offered, sold or billed at a flat rate or global price;
2.3) advertised or sold under the name "package" or similar name;
2.4)
combined
after
the
conclusion
of
a
contract
with
which
the
professional
allows
the
traveler
to
choose
from
a
selection
of
different
types
of
tourist
services,
or
purchased
from
distinct
professionals
through
connected
online
booking
processes
where
the
name
of
the
traveler,
the
details
of
the
payment
and
e-mail
address
are
transmitted
by
the
professional
with
whom
the
first
contract
is
concluded
to
one
or
more
professionals
and
the
contract
with
the
latter
or
these
latter
professionals is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service .
5. CONTENT OF THE CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED
1.At
the
time
of
the
conclusion
of
the
tourist
package
sale
contract
or,
in
any
case,
as
soon
as
possible,
the
organizer
or
the
seller, provides the traveler with a copy or a confirmation of the contract on a durable medium.
2.
The
traveler
has
the
right
to
a
paper
copy
if
the
tourist
package
sales
contract
has
been
stipulated
in
the
simultaneous
physical presence of the parties.
3.
As
regards
contracts
negotiated
away
from
business
premises,
defined
in
article
45,
paragraph
1,
letter
h),
of
the
legislative
decree
6
September
2005,
n.
206,
a
copy
or
confirmation
of
the
tourist
package
sales
contract
is
provided
to
the
traveler
on
paper or, if the traveler agrees, on another durable medium.
4. The contract constitutes a title to access the guarantee fund referred to in the following art. 21.
6. TRAVELER INFORMATION - TECHNICAL SHEET
1. Before the start of the trip, the organizer and the intermediary communicate the following information to the traveler:
a)
timetables,
intermediate
stop
locations
and
connections.
In
the
event
that
the
exact
time
has
not
yet
been
established,
the
organizer and, if applicable, the seller, inform the traveler of the approximate time of departure and return;
b)
information
on
the
identity
of
the
operating
air
carrier,
if
not
known
at
the
time
of
booking,
according
to
art.11
Reg.
Ce
2111
\
05
(Art.
11,
paragraph
2
Reg.
Ce
2111/05:
"If
the
identity
of
the
actual
air
carrier
(s)
is
not
yet
known
at
the
time
of
booking,
the
air
transport
contractor
ensures
that
the
passenger
is
informed
of
the
name
of
the
carrier
(s)
that
will
operate
as
the
actual
air
carrier
for
the
flight
(s)
In
this
case,
the
air
transport
contractor
will
ensure
that
the
passenger
is
informed
of
the
identity
of
the
actual
carrier
or
carriers
as
soon
as
their
identity
has
been
ascertained
and
their
possible
ban
on
operations in the European Union ".
c)
location,
main
characteristics
and,
where
applicable,
the
tourist
category
of
the
accommodation
in
accordance
with
the
regulations of the country of destination;
d) meals provided including or not;
e) visits, excursions or other services included in the agreed total price of the package;
f) the tourist services provided to the traveler as a member of a group and, if so, the approximate size of the group;
g) the language in which the services are provided;
h)
if
the
trip
or
vacation
is
suitable
for
persons
with
reduced
mobility
and,
at
the
request
of
the
traveler,
precise
information
on
the
suitability
of
the
trip
or
vacation
that
takes
into
account
the
needs
of
the
traveler.
Particular
requests
on
the
methods
of
delivery
and
/
or
execution
of
certain
services
that
are
part
of
the
tourist
package,
including
the
need
for
assistance
at
the
airport
for
people
with
reduced
mobility,
the
request
for
special
meals
on
board
or
in
the
resort,
must
be
made
in
booking
request
phase
and
be
the
subject
of
a
specific
agreement
between
the
traveler
and
the
Organizer,
if
necessary
also
through
the mandated travel agency.
i)
the
total
price
of
the
package
including
taxes
and
all
rights,
taxes
and
other
additional
costs,
including
any
administrative
and
handling
costs,
or,
if
these
are
not
reasonably
calculable
before
the
conclusion
of
the
contract,
an
indication
the
type
of
additional costs that the traveler may still have to bear;
j)
the
methods
of
payment,
including
any
amount
or
percentage
of
the
price
to
be
paid
as
a
down
payment
and
the
schedule
for the payment of the
balance, or financial guarantees that the traveler is required to pay or provide;
k)
the
minimum
number
of
people
required
for
the
package
and
the
deadline
referred
to
in
article
41,
paragraph
5,
letter
a),
before the start of the package for the eventual termination of the contract in case of failure to reach the number;
l)
general
information
concerning
passport
and
/
or
visa
conditions,
including
approximate
times
for
obtaining
visas,
and
health formalities in the country of destination;
m)
information
on
the
traveller's
right
to
withdraw
from
the
contract
at
any
time
before
the
start
of
the
package
upon
payment
of
adequate
withdrawal
costs,
or,
if
applicable,
the
standard
withdrawal
costs
requested
by
the
organizer
pursuant
to Article 41, paragraph l of Legislative Decree 79/2011 and specified in the following art. 10 paragraph 3;
n)
information
on
the
optional
or
compulsory
subscription
of
an
insurance
covering
the
costs
of
unilateral
withdrawal
from
the contract by the traveler or the costs of assistance, including repatriation, in the event of accident, illness or death;
o) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 of Legislative Decree 79/2011.
2.
The
organizer
prepares
a
technical
data
sheet
in
the
catalog
or
in
the
non-catalog
program
-
also
on
electronic
or
telematic
support.
It
contains
the
technical
information
relating
to
the
legal
obligations
to
which
the
Tour
Operator
is
subject,
such
as
by way of example:
- details of the organizer's administrative authorization or SCI;
- details of the guarantees for travelers pursuant to art. 47 of the Italian Tourism Code
- details of the civil liability insurance policy;
- period of validity of the catalog or of the off-catalog program;
- parameters and criteria for adjusting the travel price (Article 39 of the Italian Tourism Code)
7. PAYMENTS
1. Upon signing the purchase proposal for the tourist package, the following must be paid:
a) the registration fee or file management (see art. 8);
b)
deposit
on
the
price
of
the
tourist
package
published
in
the
catalog
or
in
the
price
of
the
package
fadorned
by
the
Organizer.
The
balance
must
be
paid
within
the
deadline
established
by
the
Tour
Operator
in
its
catalog
or
in
the
booking
confirmation of the requested tourist service / package.
2.
For
bookings
after
the
date
indicated
as
the
deadline
for
making
the
balance,
the
full
amount
must
be
paid
at
the
time
of
signing the purchase proposal.
3.
Provided
by
the
Organizer
to
receive
the
sums
indicated
above,
on
the
established
dates,
as
well
as
failure
to
return
the
sums
paid
by
the
Traveler
to
the
intermediary
to
the
Tour
Operator,
will
result
in
the
automatic
termination
of
the
contract
to
be
communicated
by
simple
written
communication,
via
fax
or
e-mail,
at
the
intermediary
agency,
or
at
the
domicile,
even
electronic,
if
communicated,
of
the
traveler
and
without
prejudice
to
any
guarantee
actions
pursuant
to
art.
47
Legislative
Decree
79/2011
exercisable
by
the
traveler.
The
balance
of
the
price
is
considered
to
have
taken
place
when
the
sums
reach
the organizer directly from the traveler or through the intermediary of the same chosen traveler.
8. PRICE
The
price
of
the
tourist
package
is
determined
in
the
contract,
with
reference
to
what
is
indicated
in
the
catalog,
or
out-of-
catalog
program
and
any
subsequent
updates
of
the
same
catalogs
or
out-of-catalog
programs,
or
on
the
Operator's
website.
It may be varied, up or down, only as a result of changes in:
- transport costs, including the cost of fuel;
- duties and taxes relating to air transport, landing, disembarkation or embarkation rights in ports and airports;
- exchange rates applied to the package in question.
For
these
changes,
reference
will
be
made
to
the
exchange
rates
and
prices
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 published on the websites.
In
any
case,
the
price
cannot
be
increased
in
the
20
days
prior
to
departure
and
the
revision
cannot
exceed
8%
of
the
price
in
its original amount.
In
the
event
of
a
decrease
in
the
price,
the
organizer
has
the
right
to
deduct
the
administrative
and
management
costs
of
the
actual
practices
from
the
reimbursement
due
to
the
traveler,
of
which
he
is
required
to
provide
proof
at
the
request
of
the
traveler.
The price consists of:
a) registration fee or file management fee;
b) participation fee: expressed in the catalog or in the quotation of the package provided to the intermediary or traveler;
c) cost of any insurance policies against the risks of cancellation and / or medical expenses or other services requested;
d) cost of any visas and entry and exit taxes from the holiday destination countries.
e) airport and / or port charges and taxes
9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
1.The
Tour
Operator
reserves
the
right
to
unilaterally
modify
the
conditions
of
the
contract,
other
than
the
price,
where
the
modification
is
of
minor
importance.
The
communication
is
made
clearly
and
precisely
through
a
durable
medium,
such
as
e-
mail.
2.
If
before
departure
the
organizer
needs
to
significantly
change
one
or
more
main
characteristics
of
the
tourist
services
referred
to
in
art.
34
paragraph
1
letter.
a)
or
cannot
satisfy
the
specific
requests
made
by
the
traveler
and
already
accepted
by
the
Organizer,
or
proposes
to
increase
the
price
of
the
package
by
more
than
8%,
the
traveler
can
accept
the
proposed
change or withdraw from the contract without paying withdrawal costs .
3.
If
the
traveler
does
not
accept
the
proposed
modification
referred
to
in
paragraph
2,
exercising
the
right
of
withdrawal,
the
organizer may offer the traveler a replacement package of equivalent or higher quality.
4.The
organizer
informs
the
traveler
by
e-mail,
without
undue
delay,
of
the
proposed
changes
referred
to
in
paragraph
2
and
their impact on the package price pursuant to paragraph 6.
5.The
traveler
communicates
his
choice
to
the
organizer
or
to
the
intermediary
within
two
working
days
from
the
moment
in
which
he
has
received
the
notice
indicated
in
paragraph
1.
In
the
absence
of
communication
within
the
aforementioned
term, the proposal formulated by the organizer is considered accepted.
6.
If
the
changes
to
the
tourist
package
sales
contract
or
the
replacement
package
referred
to
in
paragraph
2
result
in
a
package of lower quality or cost, the traveler is entitled to an adequate reduction in the price.
7.
In
the
event
of
withdrawal
from
the
tourist
package
sales
contract
pursuant
to
paragraph
2,
and
if
the
traveler
does
not
accept
a
replacement
package,
the
organizer
reimburses
all
payments
without
undue
delay
and
in
any
case
within
14
days
of
withdrawal
from
the
contract.
carried
out
by
or
on
behalf
of
the
traveler
and
has
the
right
to
be
compensated
for
the
non-
execution of the contract, except in the cases indicated below:
to.
There
is
no
compensation
resulting
from
the
cancellation
of
the
tourist
package
when
the
cancellation
of
the
same
depends on the failure to reach the minimum number of participants that may be required;
b.
There
is
no
compensation
resulting
from
the
cancellation
of
the
tourist
package
when
the
organizer
proves
that
the
lack
of
conformity is attributable to force majeure and unforeseeable circumstances.
c.
There
is
also
no
compensation
resulting
from
the
cancellation
of
the
tourist
package
when
the
organizer
proves
that
the
lack
of
conformity
is
attributable
to
the
traveler
or
to
a
third
party
unrelated
to
the
provision
of
tourist
services
included
in
the tourist package contract and is unpredictable or inevitable.
8.
For
cancellations
other
than
those
referred
to
in
paragraph
7
letters
a),
b)
and
c),
the
organizer
who
cancels
will
return
to
the
traveler
a
sum
equal
to
double
the
amount
paid
by
the
same
and
actually
collected
by
the
organizer,
through
the
travel
agent.
9.
The
amount
to
be
returned
will
never
be
more
than
double
the
amounts
that
the
traveler
would
be
owed
on
the
same
date in accordance with the provisions of art. 10, 3rd paragraph if he were to cancel.
10. WITHDRAWAL OF THE TRAVELER
1. The traveler can also withdraw from the contract without paying penalties in the following cases:
- price increase exceeding 8%;
-
significant
modification
of
one
or
more
elements
of
the
contract
objectively
configurable
as
fundamental
for
the
use
of
the
tourist
package
considered
as
a
whole
and
proposed
by
the
organizer
after
the
conclusion
of
the
contract
itself
but
before
departure and not accepted by the traveler;
- cannot meet the specific requests made by the traveler and already accepted by the Organizer.
In the cases mentioned above, the traveler can:
- accept the alternative proposal if formulated by the organizer;
-
request
the
return
of
the
sums
already
paid.
This
return
must
be
made
within
the
legal
term
indicated
in
the
previous
article.
2.
In
the
event
of
unavoidable
and
extraordinary
circumstances
occurring
at
the
place
of
destination
or
in
its
immediate
vicinity
and
which
have
a
substantial
impact
on
the
execution
of
the
package
or
on
the
transport
of
passengers
to
the
destination,
the
traveler
has
the
right
to
withdraw
from
the
contract,
before
beginning
of
the
package,
without
paying
withdrawal
costs,
and
to
the
full
reimbursement
of
the
payments
made
for
the
package,
but
is
not
entitled
to
additional
compensation.
3.
The
traveler
who
withdraws
from
the
contract
before
departure
for
any
reason,
even
unforeseen
and
unforeseen,
outside
the
hypotheses
listed
in
the
first
paragraph,
or
those
provided
for
by
art.
9,
paragraph
2,
will
be
charged
-
regardless
of
the
payment
of
the
deposit
referred
to
in
Article
7
paragraph
1
-
the
individual
cost
of
handling
the
file,
any
consideration
for
insurance
coverage
already
requested
at
the
time
of
conclusion
of
the
contract
or
for
other
services
already
returned,
in
addition to the percentage of penalty in the measures listed below:
-25% of the total cost if the waiver is received by Next Business and Travel S.r.l up to 30 days before departure;
-50% of the total cost if the waiver is received by Next Business and Travel S.r.l up to 21 days before departure;
-75% of the total cost if the waiver is received by Next Business and Travel S.r.l up to 3 days before departure;
-100% after these terms.
Any
more
restrictive
conditions
are
linked
to
periods
of
high
season
or
full
occupancy
of
the
structures,
which
will
be
communicated to the traveler in the estimate phase and therefore before the conclusion of the contract.
The
non-attribution
to
the
traveler
of
the
impossibility
of
taking
advantage
of
the
holiday
does
not
legitimize
the
withdrawal
without
penalties,
provided
by
law
only
for
the
objective
circumstances
that
can
be
found
at
the
destination
of
the
holiday
referred
to
in
paragraph
2
or
for
the
hypotheses
referred
to
in
paragraph
1,
being
provided
the
possibility
of
guaranteeing
oneself
from
the
economic
risk
connected
to
the
cancellation
of
the
contract,
with
the
stipulation
of
a
specific
insurance
policy, where not provided for in a mandatory form by the organizer.
4.
In
the
case
of
pre-established
groups,
the
withdrawal
penalties
will
be
subject
to
a
specific
agreement
from
time
to
time
upon signature of the contract.
5.
Trips
that
include
the
use
of
scheduled
flights
with
special
fares
are
excluded
from
the
indication
of
the
penalty
percentage
indicated
above.
In
these
cases,
the
conditions
relating
to
cancellation
penalties
are
deregulated
and
much
more
restrictive
and are previously indicated in the travel package quotation stage.
6.The
organizer
may
withdraw
from
the
travel
package
contract
and
offer
the
traveler
a
full
refund
of
the
payments
made
for
the package, but is not required to pay additional compensation if:
-
the
number
of
people
registered
in
the
package
is
less
than
the
minimum
required
by
the
contract
and
the
organizer
communicates
the
withdrawal
from
the
contract
to
the
traveler
within
the
deadline
set
in
the
contract
and
in
any
case
no
later
than
twenty
days
before
the
start
of
the
package
in
case
trips
lasting
more
than
six
days,
seven
days
before
the
start
of
the
package
in
the
case
of
trips
lasting
between
two
and
six
days,
forty-eight
hours
before
the
start
of
the
package
in
the
case
of trips lasting less than two days;
-
the
organizer
is
unable
to
execute
the
contract
due
to
unavoidable
and
extraordinary
circumstances
and
communicates
the
withdrawal from the same to the traveler without undue delay before the start of the package.
7.
The
organizer
proceeds
with
all
the
refunds
prescribed
in
accordance
with
paragraphs
2
and
6
without
undue
delay
and
in
any
case
within
14
days
of
withdrawal.
In
the
aforementioned
cases,
the
termination
of
functionally
related
contracts
stipulated with third parties is determined.
8.
In
the
case
of
contracts
negotiated
away
from
business
premises,
the
traveler
has
the
right
to
withdraw
from
the
tourist
package
contract
within
a
period
of
five
days
from
the
date
of
conclusion
of
the
contract
or
from
the
date
on
which
he
receives
the
conditions
contractual
and
preliminary
information
if
later,
without
penalties
and
without
giving
any
reasons.
In
the
case
of
offers
with
significantly
reduced
rates
compared
to
competing
offers,
the
right
of
withdrawal
is
excluded.
In
the
latter case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal.
11.
LIABILITY
OF
THE
ORGANIZER
FOR
INACCURATE
EXECUTION
AND
INCORRECT
IMPOSSIBILITY
IN
THE
COURSE
OF
EXECUTION - OBLIGATIONS OF THE TRAVELER - TIMELINESS OF THE DISPUTE
1.
The
organizer
is
responsible
for
the
execution
of
the
tourist
services
provided
for
in
the
tourist
package
sales
contract,
regardless
of
whether
such
tourist
services
must
be
provided
by
the
organizer
himself,
by
his
auxiliaries
or
persons
in
charge
when
they
act
in
the
exercise
of
their
functions,
by
third
parties
whose
operations
it
uses
or
by
other
tourism
service
providers pursuant to article 1228 of the civil code.
2.
The
traveler,
in
compliance
with
the
obligations
of
correctness
and
good
faith
referred
to
in
articles
1175
and
1375
of
the
civil
code,
informs
the
organizer,
directly
or
through
the
seller,
promptly,
taking
into
account
the
circumstances
of
the
case,
of
any lack of conformity detected during the execution of a tourist service provided for by the tourist package sales contract.
3.
If
one
of
the
tourist
services
is
not
performed
as
agreed
in
the
tourist
package
sales
contract,
the
organizer
remedies
the
lack
of
conformity,
unless
this
proves
impossible
or
is
excessively
burdensome,
taking
into
account
the
extent
of
the
lack
of
conformity
and
value
of
the
tourist
services
affected
by
the
defect.
If
the
organizer
does
not
remedy
the
defect,
the
traveler
has
the
right
to
a
price
reduction
as
well
as
compensation
for
the
damage
suffered
as
a
result
of
the
lack
of
conformity,
unless
the
organizer
proves
that
the
lack
of
conformity
is
attributable
to
the
traveler
or
to
a
third
party
unrelated
to
the
provision
of
tourist
services
or
is
of
an
inevitable
or
unpredictable
nature
or
due
to
extraordinary
and
unavoidable
circumstances.
4.
Without
prejudice
to
the
exceptions
mentioned
above,
if
the
organizer
does
not
remedy
the
lack
of
conformity
within
a
reasonable
period
set
by
the
traveler
with
the
complaint
made
pursuant
to
paragraph
2,
he
can
remedy
the
defect
personally
and
request
reimbursement
of
expenses.
necessary,
reasonable
and
documented;
if
the
organizer
refuses
to
remedy
the
lack
of conformity or if it is necessary to start immediately, the traveler does not need to specify a deadline.
If
a
lack
of
conformity
constitutes
a
non-compliance
of
no
small
importance
and
the
organizer
has
not
remedied
it
with
the
timely
complaint
made
by
the
traveler,
in
relation
to
the
duration
and
characteristics
of
the
package,
the
traveler
can
terminate
the
contract
with
immediate
effect,
or
ask
-
if
necessary
-
for
a
reduction
in
the
price,
without
prejudice
to
any
compensation for damage.
If,
after
departure,
the
Organizer
is
unable
to
provide
an
essential
part
of
the
services
provided
for
by
the
contract,
for
any
reason
other
than
the
traveller's
own
business,
he
will
have
to
prepare
suitable
alternative
solutions
for
the
continuation
of
the
planned
trip
without
any
charges.
of
any
kind
at
the
expense
of
the
traveler,
or
reimburse
the
latter
within
the
limits
of
the difference between the services originally provided and those performed.
The
traveler
can
reject
the
alternative
solutions
proposed
only
if
they
are
not
comparable
with
what
was
agreed
in
the
contract
or
if
the
price
reduction
granted
is
inadequate.
If
no
alternative
solution
is
possible,
or
the
solution
prepared
by
the
organizer
is
rejected
by
the
traveler
because
it
is
not
comparable
to
what
has
been
agreed
in
the
contract
or
because
the
price
reduction
granted
is
inadequate,
the
organizer
will
provide
a
means
of
transport
at
no
extra
cost.
equivalent
to
the
original
one
foreseen
for
the
return
to
the
place
of
departure
or
to
a
different
place
eventually
agreed,
compatibly
with
the
availability
of
vehicles
and
places,
and
will
reimburse
it
to
the
extent
of
the
difference
between
the
cost
of
the
expected
services and that of the services performed up to the time of return anticipated.
12. SUBSTITUTIONS AND CHANGES IN PRACTICE
1.The
traveler,
subject
to
prior
notice
given
to
the
organizer
on
a
durable
medium
no
later
than
seven
days
before
the
start
of
the
package,
can
transfer
the
tourist
package
sales
contract
to
a
person
who
satisfies
all
the
conditions
for
the
use
of
the
service.
2.The
transferor
and
the
transferee
of
the
tourist
package
sales
contract
are
jointly
liable
for
the
payment
of
the
balance
of
the
price
and
any
rights,
taxes
and
other
additional
costs,
including
any
administrative
and
handling
costs
resulting
from
this
assignment.
3.
The
organizer
informs
the
transferor
of
the
actual
costs
of
the
transfer,
which
do
not
exceed
the
costs
actually
incurred
by
the organizer as a result
of
the
transfer
of
the
tourist
package
sale
contract
and
provides
the
transferor
with
proof
of
the
rights,
taxes
or
other
additional costs resulting from the transfer of the contract.
13. OBLIGATIONS OF TRAVELERS
1.
Without
prejudice
to
the
obligation
to
promptly
notify
the
lack
of
conformity,
as
provided
for
in
art.
11
paragraph
2,
travelers must comply with the following obligations:
2.
For
the
rules
relating
to
the
expatriation
of
minors,
please
refer
expressly
to
what
is
indicated
on
the
website
of
the
State
Police.
However,
it
should
be
noted
that
minors
must
be
in
possession
of
a
personal
document
valid
for
travel
abroad
or
passport
or,
for
EU
countries,
also
an
identity
card
valid
for
expatriation.
As
regards
the
exit
from
the
country
of
minors
under
the
age
of
14
and
for
those
for
which
the
Authorization
issued
by
the
Judicial
Authority
is
required,
the
requirements
indicated on the State Police website http://www.poliziadistato.it/ article must be followed. / 191 /.
3.
Foreign
citizens
must
find
the
corresponding
information
through
their
diplomatic
representations
present
in
Italy
and
/
or
the respective official government information channels.
In
any
case,
before
departure,
travelers
will
check
that
it
is
updated
with
the
competent
authorities
(for
Italian
citizens,
the
local
Police
Headquarters
or
the
Ministry
of
Foreign
Affairs
via
the
website
www.viaggiaresicuri.it
or
the
Telephone
Operations
Center
at
number
06.
491115)
by
adjusting
before
the
trip.
In
the
absence
of
such
verification,
no
responsibility
for the non-departure of one or more travelers can be attributed to the intermediary or the organizer.
4.
Travelers
must
in
any
case
inform
the
intermediary
and
the
organizer
of
their
citizenship
at
the
time
of
the
booking
request
for
the
tourist
package
or
tourist
service
and,
at
the
time
of
departure,
they
must
definitively
ensure
that
they
are
in
possession
of
vaccination
certificates,
passport
individual
and
any
other
document
valid
for
all
the
countries
covered
by
the
itinerary, as well as residence and transit visas and health certificates that may be required.
5.
Furthermore,
in
order
to
assess
the
socio-political,
health
and
any
other
useful
information
relating
to
the
countries
of
destination
and,
therefore,
the
objective
usability
of
the
services
purchased
or
to
be
purchased,
the
traveler
will
have
the
burden
of
assuming
the
official
information
of
a
general
nature
from
the
Ministry
of
Foreign
Affairs,
and
disseminated
through the Farnesina institutional website www.viaggiaresicuri.it.
The
above
information
is
not
contained
in
the
catalogs
of
the
T.O.
-
online
or
on
paper
-
as
they
contain
descriptive
information
of
a
general
nature
as
indicated
in
Article
34
of
the
Tourism
Code
and
not
temporally
changing
information.
Therefore, the same must be assumed by the travelers.
6.
If
on
the
booking
date
the
chosen
destination
is,
from
the
institutional
information
channels,
a
location
subject
to
a
"warning"
for
security
reasons,
the
traveler
who
subsequently
exercises
the
withdrawal
will
not
be
able
to
invoke,
for
the
purposes
of
exemption
or
reduction
of
the
request
of
indemnity
for
the
withdrawal
made,
the
disappearance
of
the
contractual cause connected to the security conditions of the country.
7.
Travelers
must
also
comply
with
the
rules
of
normal
prudence
and
diligence
and
with
the
specific
rules
in
force
in
the
countries
of
destination
of
the
trip,
with
all
the
information
provided
to
them
by
the
organizer,
as
well
as
with
the
regulations,
administrative
or
legislative
provisions
relating
to
tourist
package.
Travelers
will
be
held
responsible
for
all
damages
that
the
organizer
and
/
or
the
intermediary
may
suffer
also
due
to
failure
to
comply
with
the
above
obligations,
including
the
expenses necessary for their repatriation.
8.
The
traveler
is
required
to
provide
the
organizer
with
all
documents,
information
and
elements
in
his
possession
useful
for
exercising
the
latter's
right
of
subrogation
against
third
parties
responsible
for
the
damage
or
and
is
liable
to
the
organizer
for any damage caused to the right of subrogation.
9.
The
traveler
will
also
communicate
in
writing
to
the
organizer,
at
the
time
of
the
proposal
for
the
purchase
and
sale
of
the
tourist
package
and
therefore
before
sending
the
booking
confirmation
of
the
services
by
the
organizer,
the
particular
personal
requests
that
may
be
the
subject
of
agreements
specifics
on
the
travel
arrangements,
provided
that
it
is
possible
to
implement
them
and
in
any
case
result
in
a
specific
agreement
between
the
traveler
and
the
Organizer
(see
Article
6,
paragraph 1, letter h)
14. HOTEL CLASSIFICATION
The
official
classification
of
hotels
is
provided
in
the
catalog
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
recognized
by
the
competent
Public
Authorities
of
the
EU
member
countries
to
which
the
service
refers,
or
in
the
case
of
structures
marketed
as
a
"Tourist
Village",
the
organizer
reserves
the
right
to
provide
its
own
description
of
the
accommodation facility, such as to allow an evaluation and consequent acceptance of the same by the traveler.
15. LIABILITY REGIME
The
organizer
is
liable
for
damages
caused
to
the
traveler
due
to
the
total
or
partial
non-fulfillment
of
the
contractually
due
services,
whether
they
are
performed
by
him
personally
or
by
third
party
service
providers,
unless
he
proves
that
the
event
arose
from
fact
of
the
traveler
(including
initiatives
autonomously
taken
by
the
latter
in
the
course
of
the
execution
of
the
tourist
services)
or
by
the
fact
of
a
third
party
of
an
unforeseeable
or
inevitable
nature,
by
circumstances
unrelated
to
the
provision
of
the
services
provided
for
in
the
contract,
by
chance,
by
force
greater,
or
from
circumstances
that
the
organizer
himself could not reasonably foresee or resolve, according to professional diligence.
The
intermediary
with
whom
the
tourist
package
was
booked
is
not
liable
for
the
obligations
relating
to
the
organization
and
execution
of
the
trip,
but
is
solely
responsible
for
the
obligations
arising
from
his
capacity
as
intermediary
and
for
the
execution
of
the
mandate
given
to
him
by
the
traveler,
for
as
specifically
provided
for
by
art.
50
of
the
Tourism
Code
including
the warranty obligations pursuant to art. 47
16. LIMITS OF COMPENSATION AND PRESCRIPTION
The
compensation
referred
to
in
Articles
43
and
46
of
the
Cod.
Tur.
and
related
statute
of
limitations,
are
governed
by
the
provisions
therein
and
in
any
case
within
the
limits
established
by
the
International
Conventions
governing
the
services
that
are
the
subject
of
the
tourist
package
as
well
as
by
articles
1783
and
1784
of
the
civil
code,
with
the
exception
of
personal
injury not subject to fixed limit.
to.
The
right
to
a
price
reduction
or
compensation
for
damages
for
changes
to
the
tourist
package
sales
contract
or
the
replacement package expires in two years from the date of the traveler's return to the place of departure.
b.
The
right
to
compensation
for
personal
damage
expires
in
three
years
from
the
date
of
return
of
the
traveler
to
the
place
of
departure
or
in
the
longer
period
foreseen
for
compensation
for
personal
damage
by
the
provisions
governing
the
services included in the package.
17. POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER
1.
The
traveler
can
direct
messages,
requests
or
complaints
relating
to
the
execution
of
the
package
directly
to
the
seller
through whom he purchased it, who, in turn, forwards them promptly to the organizer.
2.
For
the
purposes
of
compliance
with
the
terms
or
periods
of
limitation,
the
date
on
which
the
seller
receives
messages,
requests or complaints referred to in the previous paragraph, is also considered the date of receipt for the organizer.
18. DUTY OF ASSISTANCE
The
organizer
provides
adequate
assistance
without
delay
to
the
traveler
in
difficulty
even
in
the
circumstances
referred
to
in
Article
42,
paragraph
7,
in
particular
by
providing
appropriate
information
regarding
health
services,
local
authorities
and
consular assistance and assisting the traveler in make remote communications and help him find alternate tourist services.
The
organizer
can
demand
the
payment
of
a
reasonable
cost
for
such
assistance
if
the
problem
is
caused
intentionally
by
the
traveler or through his fault, within the limits of the costs actually incurred.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If
not
expressly
included
in
the
price,
it
is
possible
and
advisable
to
take
out
special
insurance
policies
at
the
time
of
booking
at
the
offices
of
the
organizer
or
seller
against
the
expenses
deriving
from
the
cancellation
of
the
package,
from
accidents
and
/
or
illnesses
that
also
cover
the
expenses
for
repatriation
and
for
loss
and
/
or
damage
to
baggage.
The
rights
arising
from
the
insurance
contracts
must
be
exercised
by
the
traveler
directly
against
the
stipulating
Insurance
Companies,
under
the
conditions
and
in
the
manner
provided
for
in
the
policies
themselves,
as
set
out
in
the
policy
conditions
published
in
the
catalogs or displayed in the brochures made available to the Travelers. upon departure.
20. ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS
Aisensi
and
for
the
purposes
of
art.
67
of
the
Italian
Tourism
Code
the
organizer
may
propose
to
the
traveler
-
in
the
catalog,
on
the
documentation,
on
its
website
or
in
other
forms
-
alternative
ways
of
resolving
disputes
that
have
arisen.
In
this
case,
the organizer will indicate the type of alternative resolution proposed and the effects that such membership entails.
21.
GUARANTEES
TO
THE
TRAVELER
-
ASTOI
FUND
FOR
THE
PROTECTION
OF
TRAVELERS
(Article
47
of
the
Italian
Tourism
Code)
Organized
tourism
contracts
are
backed
by
suitable
guarantees
given
by
the
Organizer
and
by
the
intermediary
travel
agent
which,
for
travel
abroad
and
travel
taking
place
within
a
single
country,
guarantee,
in
cases
of
insolvency
or
bankruptcy
of
the
intermediary
or
organizer,
the
refund
of
the
price
paid
for
the
purchase
of
the
tourist
package
and
the
immediate
return
of
the
traveler.
The
identification
details
of
the
legal
entity
that,
on
behalf
of
the
Organizer,
is
required
to
provide
the
guarantee
are
indicated
in
the
Organizer's
catalog
and
/
or
website
and
may
also
be
indicated
in
the
booking
confirmation
of
the
services requested by the traveler.
22. OPERATIONAL CHANGES
Consideration
of
the
large
advance
with
which
the
catalogs
are
published
that
report
the
information
relating
to
the
methods
of
use
of
the
services,
it
is
noted
that
the
schedules
and
routes
of
the
flights
indicated
in
the
acceptance
of
the
proposal
for
the
sale
of
the
services
may
be
subject
to
variations
as
they
are
subject
to
subsequent
validation.
.
To
this
end,
the
traveler
must
request
confirmation
of
the
services
from
his
/
her
agency
before
departure.
The
Organizer
will
inform
passengers
about
the
identity
of
the
actual
carrier
within
the
times
and
in
the
manner
provided
for
in
Article
11
of
EC
Reg.
2111/2005.
(referred to in Article 5).
ADDENDUM GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF SINGLE TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts
relating
to
the
offer
of
the
transport
service
only,
the
accommodation
service
only,
or
any
other
separate
tourist
service,
cannot
be
configured
as
a
negotiating
case
of
travel
organization
or
tourist
package,
do
not
enjoy
the
protections
provided in favor of travelers from the European Directive 2015/2302.
The
seller
who
undertakes
to
procure
a
single
tourist
service
to
third
parties,
even
electronically,
is
required
to
issue
the
traveler
with
the
documents
relating
to
this
service,
showing
the
sum
paid
for
the
service
and
cannot
in
any
way
be
considered an organizer. of travel.
B) PRIVACY INFORMATION
Travelers
are
informed
that
their
personal
data,
the
provision
of
which
is
necessary
to
allow
the
conclusion
and
execution
of
the
travel
contract,
will
be
processed
manually
and
/
or
electronically
in
compliance
with
current
legislation.
Any
refusal
will
make
it
impossible
to
complete
and
consequently
execute
the
contract.
The
exercise
of
the
rights
provided
for
by
the
current
legislation
-
by
way
of
example:
the
right
to
request
access
to
personal
data,
the
rectification
or
cancellation
of
the
same
or
the
limitation
of
the
processing
that
concerns
them
or
to
oppose
their
treatment,
in
addition
to
the
right
to
data
portability;
the
right
to
lodge
a
complaint
with
a
supervisory
authority
-
may
be
exercised
against
the
data
controller.
For
further
information
on
the
processing
of
data
by
the
organizer,
please
refer
to
the
specific
section
of
the
website
www.nextbusinessandtravel.com containing the Privacy Policy.
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW N ° 38/2006.
"Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.