CONTENTS OF THE SALE CONTRACT OF THE TOURIST PACKAGE
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, both 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 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 Tur. Code, 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.
For the purposes of the tourist package contract we mean by:
to. 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, including through another person who works in his name or on his behalf, as an organizer , seller, professional who facilitates related tourist services or 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 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.
is. establishment, the establishment defined in Article 8, letter e), of Legislative Decree 26 March 2010, no. 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 stored;
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 travel services included in a package.
the. point of sale, any local, mobile or real estate, used as a retail 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;
j. 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 the following: the combination of at least two different types of tourist services, such as: l. the transport of passengers; 2. accommodation that 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:
1 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 from 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 traveler’s name, payment details and the 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 AGREEMENT
1. Upon conclusion of the tourist package sales contract or, in any case, as soon as possible, the organizer or seller, provides the traveler with a copy or 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. With regard to contracts negotiated away from business premises, defined in Article 45, paragraph 1, letter h), of Legislative Decree 6 September 2005, no. 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. TOURIST 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 or actual air carriers 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 or air carriers that will operate as actual air carriers for the flight (s) In this case, the air transport contractor will ensure that the passenger is informed of the identity of the carrier or actual air carriers as soon as their identity has been ascertained and their possible ban on operations in the European Union “.
c) location, main features 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, in this case, the approximate size of the group;
g) the language in which the services are provided;
h) if the trip or vacation is suitable for people 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. Special 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 the 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 the conditions relating to passports and / or visas, including the approximate times for obtaining visas, and the health formalities of 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 mandatory subscription of an insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including repatriation, in the event of injury, illness or death;
o) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 of Legislative Decree 79/2011. a) Administrative Authorization no. 1226 of 18.08.2016 issued by the Province of Padua b) Insurance Policies with the Europ Assistance company: Civil Liability of Travel Organizers policy no. 9040153; c) GUARANTEES FOR TRAVELERS: “Guarantee Fund established by the A.I.A.V. Italian Association of Travel Agents through IL SALVAGENTE s.c. a r.l. “, with registered office in Corso Regio parco, 15 Turin (TO), Tax Code 11573790018 d) This catalog is valid from 1.03.21 to 28.02.22 and for bookings made by 01.02.22 e) reference changes, https://www1.oanda.com/lang/it/currency/converter/ L currency fluctuation may possibly affect the maximum percentage of 80% of the package shares except in the case of shares referring solely to ground services, in which case the aforementioned percentage is 90%. In the case of trips involving services purchased in different currencies, the adjustment will be calculated in proportion to the number of nights provided in the individual destinations. f) The cost of fuel is subject to changes which may change the contract price; these changes are calculated per passenger and are the result of the application of the calculation criterion adopted by the carrier performing the service. g) Official information of a general nature on foreign countries, including those relating to the security situation, including health and the documents required for access to Italian citizens, are provided by the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Center at 06 491115 and are therefore publicly available. Since these are data subject to changes and updates, the tourist will check the formulation officially expressed by consulting these sources before proceeding with the purchase of the travel package. In the absence of such verification, no responsibility for the non-departure of one or more tourists can be attributed to the intermediary or the organizer.
1. Upon signing the proposed purchase of the tourist package, the following must be paid:
to. 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 package quotation provided 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. Failure 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.
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 rate and the 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:
to. registration fee or file management fee;
b. participation fee: expressed in the catalog or in the package quotation 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 carried out 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 1, 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 the intermediary within two working days from the moment in which he received the notice indicated in paragraph 1. In the absence of communication within the aforementioned term, the proposal made by the organizer 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 price reduction.
7. In case 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 in excess of 8%;
– significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the tourist package as a whole considered 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 above cases, 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.
IN FORCE FROM 01/04/2020
To 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, the individual booking cost (CIP), the insurance premiums and the costs incurred as a penalty for the issue of any ticket office will be charged – regardless of the payment of the deposit referred to in Article 7 paragraph 1 air / rail as well as for the issue of consular visas. Furthermore, the percentages indicated in each individual travel contract will be applied as a penalty to the remaining amounts relating to the participation fee.
3. Some services may be subject to different penalties, the same will be communicated at the time of booking. The same sums must be paid by those who could not make the trip due to lack or irregularity of the required personal travel documents. Any non-imputability to the traveler of the inability to take advantage of the holiday does not legitimize the withdrawal without penalties, provided by law only for the objective circumstances found at the destination of the holiday referred to in paragraph 2 or for the hypotheses referred to in paragraph 1, 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 compulsory for the organizer, is foreseen.
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. The organizer may withdraw from the travel package contract and offer the traveler full refund of the payments made for the package, but is not required to pay additional compensation if:
– the number of people enrolled 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.
6. The organizer will proceed to all 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.
7. 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 contractual conditions 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 INCORRECT 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 work it makes use of 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, inform 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 is impossible or 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 he has suffered as a result of the lack of conformity, unless the organizer proves that the lack of conformity is attributable to the traveler or a third party unrelated to the provision of tourist services or is unavoidable or unpredictable 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 price reduction, without prejudice to any compensation for damages If, after departure, the Organizer is unable to provide an essential part of the services provided for in 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 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 PRACTICAL CHANGE
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 meets all the conditions for the use of the service.
2.The transferor and the transferee of the tourist package sale contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and paperwork management costs, resulting from this assignment.
3.The organizer informs the transferor of the actual costs of the transfer, which do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package sales contract and provides the transferor with proof of 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 a valid identity card 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 website of the State Police must be followed http://www.poliziadistato.it/ article / 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 06.491115 ) 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 countries touched 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 art. 34 of the Tourism Code and not temporally changing information. The same must therefore 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 cannot invoke, for the purpose of exemption from the reduction of the request for compensation for the withdrawal, the absence 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 destination countries of the trip, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating 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 and is responsible to the organizer of the 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 sale of a tourist package and therefore before sending the confirmation
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 is derived from fact of the traveler (including initiatives independently 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 unavoidable 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
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 three years from the date of return of the traveler to the place of departure or in the longer period provided for compensation for personal damage by the provisions governing the services included in the package.
17. POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER
The traveler can send 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. 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. 2. The organizer may demand 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 costs 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
Pursuant to 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. TRAVELER GUARANTEES – GUARANTEE FUND ESTABLISHED BY A.I.A.V. ITALIAN ASSOCIATION OF TRAVEL AGENTS THROUGH THE SALVAGENTE S.C. A R.L., (ART. 47 COD. TUR.)
Organized tourism contracts are backed by suitable guarantees given by the Organizer and by the intermediary travel agent which, for trips abroad and trips that take 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. The methods for accessing the guarantee and the terms for submitting the request for reimbursement of the sums paid are indicated on the website of the “Guarantee Fund established by the A.I.A.V. Italian Association of Travel Agents through IL SALVAGENTE s.c. a r.l. “, at the address www.ilsalvagente.info, as a legal entity to which E3 srl adheres. In order to avoid incurring forfeiture, it is advisable to keep in mind the terms indicated for the submission of applications. It is understood that the expiration of the term due to the impossibility of submitting the application and not due to the inertia of the traveler, allows for the remission within the same terms.
22. OPERATIONAL CHANGES
In 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 times and routes of the flights indicated in the acceptance of the proposal for the sale of services may be subject to changes 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).
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL 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 provide a disaggregated tourist service to third parties, even electronically, is required to issue the traveler with the documents relating to this service, which show the sum paid for the service and cannot in any way be considered an organizer. of travel.
For the remaining conditions of the contract, please refer to the “SALE OF TOURIST PACKAGES” above
MANDATORY COMMUNICATION PURSUANT TO ART. 17 OF LAW N. 38/2006
“Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.”
Information pursuant to art. 13 D. Lgs. N.196 / 03 (Code regarding the protection of personal data) The processing of personal data is carried out both in paper and digital form, in full compliance with Legislative Decree 196/2003, for purpose of concluding the contract and for the execution of the services that are the subject of the tourist package. The provision of data is necessary. Personal data will not be disseminated, but communicated only to the service providers making up the purchased tourist package. Interested parties may at any time exercise the rights referred to in art. 7 of Legislative Decree 196/03 by contacting E3 srl, the data controller. The owner of the processing of personal data is E3 srl., Viale delle Terme 107b, Abano Terme in the figure of its pro tempore Administrator.
LIABILITY OF AIR CARRIERS – REG. 2027/97
Community air carriers and those belonging to states adhering to the Montreal Convention 1999 are subject to the following liability regime: there are no financial limits to the liability of the air carrier for damage from death, injury or personal injury of the passenger. For damages exceeding 100,000 SDRs (equivalent to approximately Euro 120,000) the air carrier can contest a claim for compensation only if it is able to prove that the damage is not attributable to it. In case of delay in passenger transport, the carrier is liable for the damage up to a maximum of 4150 SDRs (approximately 5000 Euros). In the event of destruction, loss, damage or delay in the delivery of baggage, the air carrier is liable for the damage up to 1000 SDRs (approximately 1200 Euros). It is possible to make a special declaration of higher value of the baggage or to subscribe to a special insurance with the payment of the relevant supplement at the latest at the time of acceptance. Carriers not belonging to a State party to the Montreal Convention may apply different liability regimes from the one indicated above. The responsibility of the tour operator towards the passenger remains in any case governed by the Consumer Code and the General Contract Conditions published in this catalog.
|pll_language||1 year||The pll _language cookie is used by Polylang to remember the language selected by the user when returning to the website, and also to get the language information when not available in another way.|
|cookielawinfo-checkbox-analytics||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".|
|cookielawinfo-checkbox-functional||11 months||The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".|
|cookielawinfo-checkbox-necessary||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".|
|cookielawinfo-checkbox-others||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.|
|cookielawinfo-checkbox-performance||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".|