Your travel taylor for Italian holidays

General conditions of sale for tourist packages

1. Legislative sources

The sale of tourist packages having as object the services to be supplied both within the national territory as well as within the foreign one, is regulated by the Law nr. 1084 dated 12/27/1977 for the ratification and implementation of the International Convention related to the travel agreement (CCV) signed in Brussels on 4.23.1970 – as applicable - as well as the Consumer’s Code mentioned in Law Decr. Nr. 206 of September 6 2005 (art. 82-100) and additional modifications.

2. Authorizations

The Organizer and the Seller of the tourist package, to which the Consumer turns, must be authorized to implement the respective activities based on the applicable administrative regulation.

3. Definitions

In the aims of the present agreement, the following is understood for:
a) Travel Organizer, the subject implementing the combination of elements mentioned in the following art. 4 and takes the obligation on behalf of himself/herself and against the full payment to procure touristic packages to third parties;
b) The Seller, the subject selling, or who takes the obligation to procure the touristic packages made in compliance with the following art. 4 against a full payment;
c) Consumer of touristic packages, the buyer, the seller of a touristic package or any person including to be nominated, that satisfies all of the terms required to use the service, on behalf of which the main buyer undertakes to buy, without compensation, a touristic package.

4. The notion of touristic package

The notion of touristic package is the following:
“The touristic packages have as object the travels, the vacations and the "all included” circuits, resulting from the established combination of at least two of the elements specified below, sold or offered for sale at a full price, and with a validity greater than 24 hours or extending for a period of time including at least one night:
a) Transport;
b) Housing
c) Touristic services that are not accessories to the transportation or housing (omissis)……which constitute an important part of the "touristic package" (art. 84 Cons. Code).
The Consumer is entitled to receive a copy of the sale agreement of the touristic package (according to art. 85 and 86 Cons. Code), which is also a document to access, eventually, the Warranty Fund mentioned in art. 20 of the present General Terms of Agreement.

5. Required information – Technical file

The Organizer is obliged to create a technical file. The necessary elements to be inserted in the technical file are:
- The details of the administrative authorization or, if applicable, the organizer’s D.I.A.;
- The data of the civil responsibility insurance policy;
- The online catalogue’s period of validity or the program that’s out of the catalogue;
- The traveler’s modalities and terms of replacement (Art. 89 Cons. Code);
- The parameters and criteria for the modification of the travel's price (Art. 90 Cons. Code).
Moreover, the Organizer shall inform the passengers in relation to the effective vehicle’s/’ identity/ies and with the modalities provided by art. 11 of the CE Reg. 2111/2005.

6. Bookings

The proposal for booking shall be made on a specific contractual form, if electronic, compiled in each part and signed by the customer, which shall receive a copy. The acceptance of the bookings is understood as being finalized, with the consequent conclusion of the agreement, only in the moment in which the Organizer shall send the relative confirmation, including by e-mail, to the customer at the selling travel agency.
The specifications relative to the touristic package that are not contained within the contractual documentation, in the brochures or in other means of written communication, shall be supplied by the Organizer in full compliance of the obligations provided to be borne by him/her by art. 87, section 2 of Cons. Code before beginning the travel.

7. Ppayments

The measure of the advance payment, up to a maximum of 25% of the touristic package’s price, to be paid at the booking or at the request and the date within which, before the departure, the payment shall be made, appear on the online catalogue, on the brochure or on other documents.
In case of failure to pay the above-mentioned sums from behalf of the Consumer or of failure to pay the sums by the broker agency to the Organizer, the broker agency or the Organizer shall be entitled to declare the contract as void – and this also in the case in which the Organizer has sent to the Consumer the identification titles (the “voucher”) or the transportation titles – with the consequent application of the cancellation penalties provided by the art. 10 section IV below.

8. Price

The price for the touristic package is determined in the agreement, with reference to what is specified in the on-line catalogue or in the program out of the catalogue and to the eventual updates of the same on-line catalogues or out of catalogues programs appeared successively. It can be varied up to 20 days preceding departure and only as a consequence of the variations of:
- The costs of transportation, including the costs of fuel;
- Rights and taxes on some types of touristic services like duties, aircraft landing taxes, passenger landing or boarding in ports and airports;
- Exchange rates applied to the package under discussion.
For such variations, the reference shall be made to the exchange rate and to the costs mentioned above and in force on the date of publication of the program as reported in the on-line catalogue’s technical file or on the date mentioned in the eventual updates mentioned above.
The oscillation shall have an impact on the touristic package’s full price in the percentage that’s expressly specified in the on-line catalogue’s technical file or in the program that’s out of the catalogue.

9. Modification or cancellation of the touristic package before departure

Before the departure, the Organizer or the Seller requiring modifying importantly one or more elements of the agreement, shall immediately warn the Consumer in writing, specifying the type of modification and the consequent variation in the price.
Where he does not accept the proposal for the modification mentioned in section 1, the Consumer shall be entitled to the right to re-acquire the sum already paid or to make use of the offer of a replacement touristic package in compliance to section 2 and 3 of article 10.
The Consumer can make use of the above-mentioned rights also when the cancellation depends on the failure to reach the minimum number of participants provided in the on-line catalogue or in the extra-catalogue program, or from cases of force majeure or casus fortuitous, related to the touristic package acquired.
For cancellations other than those caused by force majeure, casus fortuitous or by failure to reach the minimum number of participants, as well as for the ones other than the failure to accept, from behalf of the Consumer, the alternative touristic package offered, the Organizer who cancels (Art. 33 sect. e of Cons. Code) shall refund the Consumer a sum double of the one paid by the latter and cashed in by the Organizer, through the travel agent.
The sum object of the refund shall never be greater than the double of the sums which shall be owed by the Customer on the same date according to what’s provided by art. 10, section 4 in case he was the cancelling party.

10. Cancellation by the consumer

The Consumer can cancel the agreement, without paying any penalty whatsoever, in the following cases:
- Increase of the price mentioned in the previous art. 8 by more than 10%.;
- Important modification of one or more elements of the agreement which can be configured objectively as fundamental to the use of the aggregately considered touristic package and proposed by the Organizer after the termination of the agreement itself but before the departure and not agreed by the Consumer.
In the cases mentioned above, the Consumer is, alternatively, entitled to:
- Make use of an alternative touristic package, without paying an additional price or with the refund of the price's excess, in the case where the second touristic package has a value that's lower than the first one;
- To the refund of the only part of the price that’s already been paid. Such a refund shall be made within seven working days from the moment of reception of the request for refund.
The Consumer shall communicate in relation to his/her own decision (accept or refuse the modification) within and not more than two working days from the moment in which he/she has received the notification related to the price increase or the modification. In the lack of express communication within the above-mentioned term, the proposal made by the Organizer is understood as being accepted.
The Consumer withdrawing from the agreement before the departure outside of the hypothesis listed in the first section, or in the case provided by art.7, section 2 shall be borne- independently from the advanced payment mentioned din art.7 section 1- the individual cost of management, the penalty in the measure specified in the on-line catalogue's technical file or program out of the catalogue or custom-made trip, the eventual payment of the insurance costs already requested at the moment of the ending of the agreement or for other services already made.
In the case of pre-constituted groups such sums are agreed from time to time at the signing of the agreement.

11. Modifications after departure

The Organizer which, after departure, finds himself/herself in the impossibility to supply, for whatever the reason, the exception being made for a personal fact of the Consumer, an essential part of the services mentioned in the agreement, shall make available alternative solutions, without additional prices on behalf of the contracting party and in case the services offered have a value that's lower compared to those provided, refund him/her in a measure equal to such difference.
In the case where no alternative solution is possible, or the solution offered by the Organizer is refused by the Consumer because of proven and justified motivations, the Organizer shall supply, without an additional price supplement, a mean of transportation equal to the original provided for the return to the place of departure or to another place, eventually agreed, in compatibility with the availability of means and locations, and shall refund him for the difference between the cost of the services provided and the one of the services offered until the moment of the anticipated return.

12. Replacements

The renouncing Consumer can be replaced by another person, if:
a) The Organizer has been informed in writing with at least 4 working days before the date established for the departure, receiving, contextually, the communication related to the reasons for the replacement and the assignee’s details.
b) The assignee satisfies all the terms for using the service (ex art. 89 Cons. Code) and, especially, the requirements related to the passport, the visas, and the health certificates.
c) The same services, or other replacing services, can be implemented following the replacement.
d) The replacing party shall refund to the Organizer all of the additional expenses sustained in order to proceed to the replacement, in the measure which will be quantified to him before the assignment.
The assigner and the assignee are strongly responsible for the remaining payment of the price as well as of the sums mentioned in section d) of the present article.
The eventual modalities and terms for replacement are specified in the technical file.

13. Obbligations of the consumers

During discussions and anyway before the termination of the agreement, the Italian citizens are supplied, in writing, with the general information - updated on the date of publication online or printing of the catalogue – related to the health obligation and to the documentation required for expatriation. The foreign citizens shall find the corresponding information through their own diplomatic representatives that are present in Italy and/or the respective official informative government channels.
In any case, the Consumers shall provide, before the departure, to check the updating at the competent authorities (for the Italian citizens, the local Police Headquarters or the Foreign Affairs Ministry through the website www.viaggiaresicuri.it or the Telephone Operative Central at the phone number 06.49115) adjusting it before the trip. In the absence of such a verification, no responsibility whatsoever for the failure to depart from behalf of one or more Consumers shall be attributed to the Seller or Organizer.
The Consumers shall inform the Seller or Organizer in relation of their own citizenship and, at the moment of departure, they shall make definitely sure to be equipped with the vaccination certificates, the individual passport and of any other document that's valid for all the countries interested by the itinerary, as well as the residence and transit visas and the health certificates which can be eventually requested.
Moreover, in order to evaluate the health and safety situation of the Countries of destination and, therefore, the objective usefulness of the services acquired or to be acquired, the Consumer shall find (by using the informative sources specified at section 2) the official general information at the Foreign Affairs Ministry which expressly specifies if the destinations are subject or not to being formally advised against.
The Consumers shall, moreover, respect the rules of normal prudence and diligence toward those that are specifically in force in the countries of destination of the travel, to all the information supplied to them by the Organizer, as well as to the regulations of the administrative or legislative provisions related to the touristic package. The consumers shall be called to answer for all the damages that the Organizer and/or Seller might sustain including because of the failure to respect the obligations mentioned above, hereby included the expenses necessary for their repatriation.
The Consumer is obliged to supply the Organizer with all the documents, the information, the elements under his possession that are useful for the implementation of the latter’s right of subrogation against third parties responsible for the damage and is responsible toward the Organizer for the damage caused to the right of subrogation.
The Consumer shall also communicate in writing to the Organizer, at the booking, the particular personal requests which might form the object for specific agreements related to the modalities of travelling, provided the resulting of the possible implementation.
The Consumer is still obliged to inform the Seller and the Organizer in relation to his/her eventual needs or particular conditions (pregnancy, food intolerance, disabilities, etc….) and to specify explicitly the request for eventual personalized services.

14. Hotel classification

The official classification of the hotel structures is supplied in the online catalogue or in other informative material only based on the specific and formal indications by the competent authorities of the country where the service is implemented.
In the absence of official classifications recognized by the competent Public Authorities of the Countries, including EU members, to which the service is referring, the Organizer takes the right to supply, in the online catalogue or in the brochure, a personal description of the receiving structure, such as to allow an evaluation and the consequent acceptance of the same from behalf of the Consumer.

15. Responsability regime

The Organizer is responsible for the damages brought to the Consumer for failing to fully or partially implement all the contractual services owed, be they made by him/her personally as well as by third party suppliers of the services, unless he/she proves that the event has been caused by the fact that the Consumer (hereby including the initiatives autonomously taken by the latter during the implementation of the touristic services) or by circumstances that are foreign to the supply of the services provided in the agreement, by casus fortuitous, force majeure, or by circumstances that the Organizer himself/herself could not, according to professional diligence, reasonably provide for or solve.
The Seller to which the booking of the touristic package has been done does not respond in any case of the obligations borne by the travel organization, but he/she is responsible exclusively for the obligations caused by his/her quality as a broker and, in anyway, within the limits provided for such responsibility by the legislation in force.

16. Limits of refund

The damages can not be in any case exceed the limits specified in Articles. 94 and 95 of the Consumer Code.

17. Obligation of assistance

The Organizer is obliged to implement the measures of assistance to the Consumer imposed by the professional diligence criteria exclusively in reference to the obligations on his own behalf by provision of law or agreement. The Organizer and the Seller are exempt from their respective responsibilities (art. 15 and 16 of the present General Conditions), when failure to implement, or the inexact implementation of, the agreement, is caused by the Consumer or it depends from the fact that a third is with an unforeseeable or unavoidable character, or has been caused by casus fortuitous or by force majeure.

18. Claims and charges

Each failure in the implementation of the agreement shall be contested by the Consumer without delay in order for the Organizer, his/her local representative or companion remedy prompt to that. Otherwise, the contractual failure to comply cannot be contested.
The Consumer shall also – under penalty of cancellation – submit a claim by registered airmail, with return receipt, to the Organizer or the Seller, within and not later than ten working days from the date of return to the place of departure.

19. Insurance against expenses for cancellation and repatriation

If not expressly included in the price, it is possible and advisable, to stipulate when booking at the offices of the organizer or seller special insurance policies against expenses deriving from the package, accidents and luggage. It will also be possible to enter into a service contract covering costs of repatriation in case of accident or illness.

20. Warranty provisions

The National Warranty Fund (art. 100 Cons. Code) instituted to protect the Consumer in possession of the agreement, it provides to the following needs in case of insolvency or of insolvency declared by the Seller or by the Organizer:
a) refund of the price paid.
b) repatriation in case of trips to foreign countries.
The Fund shall also supply an immediate economic availability in case of forced repatriation of tourists from non-EC countries, with the occasion of emergencies which can be attributed or less to the Organizer's behavior.
The Fund’s modalities for intervention have been established by Decree by the Prime Minister nr. 349, dated 07/23/99.

ANNEX
General terms of agreement for the sale of single touristic services

A) Legal provisions

The agreements offering only transportation service, only the housing, or each other separate touristic service, being unable to be configured as negotiable form of the travel organization or touristic package, are regulated by the following provisions of the CCV: art. 1, nr. 3 and nr. 6; art. from 17 to 23; art. from 24 to 31, (limitedly to the parts of these provisions that are not referring to the organization agreement) as well as to other agreements specifically referred to at the sale of each separate service object of agreement.

B) Terms of agreement

The following clauses of the general terms of agreement for the sale of touristic packages are also applicable to these agreements: art. 6 section 1; art. 7 section 2; art. 13; art. 18.
The application of the above-mentioned clauses does not absolutely imply the configuration of the relative services as form of touristic package. The terminology of the clauses cited related to the touristic package agreement (Organizer, Travel, etc) is therefore understood with reference to the corresponding figures of the agreement for the sale of each separate touristic service (Seller, Housing, etc).

Approved by Assotravel, Assoviaggi, and Astoi Fiavet

Via Venturini 27 - 41038 S.Felice sul Panaro (MO) Italy - P.IVA/C.F.: 03246480366, REA MO: 371261 - C.S.: €10.000,00 i.v. - Privacy Policy - © All right reserved - DevB Nettamente