GENERAL CONDITIONS CONTRACT FOR SALE OF TOURIST PACKAGES
CONTENT OF THE SALE CONTRACT FOR THE TOURIST PACKAGE
They are an integral part of the travel contract as well as the general conditions that follow, 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.
It is sent by the tour operator to the traveler or travel agency, as agent of the traveler and the latter will have the right to receive it from the same.
In signing the offer for the purchase and sale of a tourist package, the traveler must bear in mind that it gives the bed and accepts, for himself and for the subjects for whom he requests the all-inclusive service, both the travel contract as governed therein, both the warnings contained in it and the present 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 art. 32 to 51 novies as amended by Legislative Decree 21 May 2018 n.62, the transposition and implementation of EU Directive 2015/2302 as well as the provisions of the Civil Code on transport and mandate, as applicable.
2. ADMINISTRATIVE RULES
The organizer and the intermediary of the tourist package, to which the traveler applies, 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 for the coverage of risks deriving from professional civil liability, as well as the details of other optional or compulsory insurance policies, to protect travelers for the coverage of events that may affect the performance or execution of the holiday, such as cancellation of the trip, or coverage of medical expenses, early return, loss or damage to baggage, as well as the details of the guarantee against risks of insolvency or bankruptcy of the organizer and the intermediary, each for their own responsibility, for the purpose of returning the sums paid or the return of the traveler to the place of departure where the tourist package includes the transport service.
Pursuant to art. 18, paragraph VI, of the Code Tur., The use in the reason or company name of the words “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other words and phrases, even in a foreign language, of a similar nature, it 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:
1. a) professional, any natural or legal public or private person who, in the context of his commercial, industrial, craft or professional activity in organized tourism contracts, also acts through another person acting on his behalf or on his behalf; as an organizer, seller, professional facilitating related tourism services or tourism service provider, in accordance with the legislation referred to in the Tourism Code;
2. 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 trader who transmits the data relating to the traveler to another professional;
3. c) seller, the professional, other than the organizer, who sells or offers for sale packages combined by an organizer;
4. d) traveler, anyone who intends to conclude a contract, or signs a contract or is authorized to travel on the basis of a contract concluded, within the scope of the law on organized tourism contracts;
5. e) establishment, the establishment defined by article 8, letter e), of the legislative decree 26 March 2010, n. 59;
6. f) durable support, any instrument that allows the traveler or professional to store the information that is personally addressed to him so that he can access it in the future for a period of time appropriate to the purpose for which it is intended and which allows identical reproduction. of the stored information;
7. g) unavoidable and extraordinary circumstances, a situation outside the control of the party who invokes such a situation and whose consequences would not have been avoided even by taking all reasonable measures;
8. h) lack of conformity, non-fulfillment of the tourist services included in a package;
9. i) point of sale, any local, 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;
10. (l) return, the traveler’s return to the place of departure or to another place agreed by the contracting parties.
4. CONCEPT 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. passenger transport; 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. rental of cars, other vehicles or motorcycles and requiring a category A driving license; 4. any other tourist service which does not form 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 holiday, if verify at least one of the following conditions:
1. (l) such services are combined by a single professional, including at the request of the traveler or in accordance with his 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 consents to payment;
2.2) offered, sold or billed at a flat or global price;
2.3) advertised or sold under the designation “package” or similar name;
2.4) combined after the conclusion of a contract with which the trader allows the traveler to choose between a selection of different types of tourist services, or purchased from separate professionals through linked online booking processes where the name of the traveler, the details of payment and e-mail address are sent by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or the latter professionals is concluded no later than 24 hours after confirmation of the booking of the first service tourist.
5. CONTENT OF THE CONTRACT – PURCHASE PROPOSAL AND DOCUMENTS TO BE SUPPLIED
• At the time of conclusion of the tourist package sale contract or, however, as soon as possible, the organizer or seller provides the traveler with a copy or confirmation of the contract on a durable medium.
• The traveler is entitled to a hard copy if the contract for the sale of the tourist package has been stipulated at the same time the physical presence of the parties.
• With regard to contracts negotiated away from business premises, as defined in Article 45, paragraph 1, letter h) of Legislative Decree 6 September 2005, n. 206, a copy or confirmation of the tourist package sale contract is provided to the traveler on paper or, if the traveler consents, on another durable medium.
• The contract is the right to access the guarantee fund referred to in the following art. 21.
6. INFORMATION TO THE TRAVELER – TECHNICAL SHEET
Before the start of the trip, the organizer and the intermediary will communicate the following information to the traveler:
1. a) times, intermediate stops and connections. In the event that the exact time is not yet established, the organizer and, where appropriate, the seller, inform the traveler of the approximate time of departure and return;
2. b) information on the identity of the operating air carrier, if not known at the time of booking, right provision art.11 Reg. Ce 2111 \ 05 (Article 11, paragraph 2 Reg. Ce 2111/05: “If the identity of the effective air carrier or the actual air carriers is not yet known at the time of booking, the air transport contractor shall ensure that the passenger is informed of the name of the air carrier or air carriers that will operate as effective air carriers for the flight In this case, the air transport contractor will ensure that the passenger is informed of the identity of the actual carrier or air carriers as soon as their identity is established and their possible operating ban in the European Union ” ;
3. (c) location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
4. d) meals provided included or not;
5. e) visits, excursions or other services included in the total agreed price of the package;
6. (f) tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group;
7. g) the language in which the services are provided;
8. h) if the trip or holiday 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 modalities of disbursement and / or execution of certain services included in the tourist package, including the need for airport assistance for people with reduced mobility, the request for special meals on board or in the resort, must be advanced in reservation request phase and be subject to specific agreement between the traveler and the Organizer, if necessary also through the mandated travel agency;
9. (i) the total price of the package including taxes and all fees, taxes and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable before the conclusion of the contract, a indication of the type of additional costs that the traveler may still have to bear;
10. j) the methods of payment, including any amount or percentage of the price to be paid as a down payment and the calendar for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
11. 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 ;
12. (l) general information concerning the conditions under passports and / or visas, including approximate times for obtaining visas, and the health formalities of the country of destination;
13. m) information on the option for the traveler to withdraw from the contract at any time prior to the start of the package upon payment of adequate withdrawal expenses, or, if required, the standard withdrawal costs requested by the organizer pursuant to Article 41, paragraph 1 of Legislative Decree 79/2011 and specified in the subsequent art. 10 paragraph 3;
14. (n) information on the optional or compulsory subscription of an insurance covering the unilateral termination costs of the contract by the traveler or the costs of assistance, including repatriation, in the event of an accident, illness or death;
15. o) the details of the coverage referred to in Article 47, paragraphs l, 2 and 3 of Legislative Decree. 79/2011.
The organizer prepares a technical data sheet in the catalog or in the off-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 administrative authorization or S.C.I.A of the organizer;
– details of the guarantees for travelers pursuant to art. 47 Cod. Tur;
– 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 price of the trip (Article 39 of the Code).
7. PAYMENTS
• When signing the purchase offer for the tourist package, it must be paid:
o the registration fee or practical management (see Article 8);
o advance on the price of the tourist package published in the catalog or in the quotation of the package provided by the Organizer. The balance must be paid within the deadline set by the Tour Operator in its catalog or in the booking confirmation of the service / package requested.
• For bookings after the date indicated as the deadline for making the balance, the entire amount must be paid at the time of signing the purchase offer.
• The non-receipt by the Organizer of the sums indicated above, on the dates established, as well as the non-return to the Tour Operator of the sums paid by the Traveler to the intermediary, will result in the automatic termination of the contract to be communicated with simple written communication, by fax or via e-mail, at the intermediary agency, or at the electronic address, where communicated, of the traveler and stops any warranty actions pursuant to art. 47 Legislative Decree 79/2011, which may be exercised by 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 to any updates of the catalogs or out-of-catalog programs subsequently intervened, 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;
– fees and charges relating to air transport, landing rights, disembarkation or embarkation 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 can not be increased in the 20 days preceding the departure and the revision can not be higher than 8% of the price in its original amount.
In the event of a price reduction, the organizer is entitled to deduct the administrative and management costs of the actual practices from the reimbursement due to the traveler, for which he is obliged to provide proof at the request of the traveler.
The price consists of:
1. a) registration fee or practical management fee;
2. b) participation fee: expressed in the catalog or in the quotation of the package provided to the intermediary or to the traveler;
3. c) cost any insurance policies against the risks of cancellation and / or medical expenses or other services requested;
4. d) costs for any visas and fees for entry and exit from the destination countries of the holiday.
5. e) airport and / or port charges and taxes.
9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
• The Tour Operator reserves the right to unilaterally modify the terms of the contract, other than the price, where the change is of little importance. Communication is carried out in a clear and precise way through a durable medium, such as e-mail.
• If before the departure the organizer needs to significantly modify one or more main characteristics of the tourist services referred to in art. 34 paragraph 1 lett. a) or can not meet the specific requests formulated by the traveler and already accepted by the organizer, or proposes to increase the package price by more than 8%, the traveler can accept the proposed modification or withdraw from the contract without payment withdrawal.
• If the traveler does not accept the modification proposal referred to in paragraph 2, exercising the right of withdrawal, the organizer can offer the traveler a replacement package of equivalent or higher quality.
• The organizer informs via email, without undue delay, the traveler in a clear and precise manner of the proposed changes referred to in paragraph 2 and their impact on the package price pursuant to paragraph 6.
• The traveler communicates his / her choice to the organizer or to the intermediary within two working days from the moment in which he / she 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.
• If the changes to the contract for the sale of the tourist package or the replacement package referred to in paragraph 2 involve a package of quality or lower cost, the traveler is entitled to an appropriate reduction in the price.
• In case of withdrawal from the contract of sale of tourist package pursuant to paragraph 2, and if the traveler does not accept a replacement package, the organizer will refund without undue delay and in any case within 14 days of withdrawal from the contract all payments made from or on behalf of the traveler and has the right to be compensated for the non-execution of the contract, except in the following cases:
o No compensation is provided for the cancellation of the tourist package when the cancellation of the same depends on the failure to reach the minimum number of participants required;
o No compensation is provided for the cancellation of the tourist package when the organizer demonstrates that the lack of conformity is due to force majeure and unforeseeable circumstances;
o There is no provision for compensation arising from the cancellation of the tourist package when the organizer demonstrates that the lack of conformity is attributable to the traveler or to a third party outside the provision of tourist services included in the tourist package contract and is unpredictable or unavoidable.
• 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 twice the amount paid and actually collected by the organizer, through the travel agent.
• The sum of the refund will never exceed twice the amounts the traveler would be on the same debtor 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 package of tourism considered as a whole and proposed by the organizer after conclusion of the contract but before departure and not accepted by the traveler;
– can not satisfy the specific requests formulated 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 restitution must be made within the term of the law 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 package or passenger transport to the destination, the traveler has the right to withdraw from the contract before ‘start of the package, without corresponding withdrawal costs, and full repayment of payments made for the package, but is not entitled to additional compensation.
3) To the traveler who withdraws from the contract before the departure for any reason, including unexpected and occurring, outside the cases listed in the first paragraph, or those provided for by art. 9, paragraph 2, will be charged – regardless of the payment of the advance referred to in Article 7 paragraph 1 – the individual cost of practical management and any consideration for insurance coverage already requested at the time of conclusion of the contract or for other services already made, the penalty in the measure indicated below, except for any more restrictive conditions – linked to periods of high season or full occupancy of the facilities – which will be communicated to the traveler during the estimate phase and then before the conclusion of the contract:
1. Cancellation Penalty for Journeys in which CRUISES are included
• up to 120 days before departure: 30% of the participation fee
• from 119 to 90 days before departure: 50% of the participation fee
• 89 days before departure: 100% of the participation fee
1. B) Travel cancellation penalty
• up to 30 days before departure: 10% of the participation fee
• 29 to 20 days before departure: 25% of the participation fee
• 19 to 7 days before departure: 50% of the participation fee
• after this deadline: 100% of the participation fee
In addition to penalties related to air ticketing (special rates, instant purchase, low cost and scheduled flights)
The non-imputability to the traveler of the inability to use the holiday does not legitimize the withdrawal without penalties, provided by law only for the objective circumstances found at the destination half of the holiday referred to in paragraph 2 or for the cases referred to in paragraph 1, being provided the possibility of securing from the economic risk connected to the cancellation of the contract, with the stipulation of a specific insurance policy, where it is not required by the organizer.
4) In the case of pre-established groups the withdrawal penalties will be subject to specific agreement from time to time to sign the contract.
5) From the indication of the penalty percentage indicated above, trips that include the use of scheduled flights with special fares are excluded. In these cases the conditions relating to cancellation penalties are deregulated and much more restrictive and are previously indicated when listing the travel package.
6) The organizer may withdraw from the tourist 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 persons registered in the package is lower than the minimum stipulated in 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 journeys lasting more than six days, seven days before the start of the package for journeys lasting two to six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;
– the organizer is not able 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 to all reimbursements prescribed in accordance with paragraphs 2 and 6 without undue delay and in any case within 14 days of withdrawal. In the aforesaid cases, the termination of the 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 package travel 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 lower fares than competing offers, the right of withdrawal is excluded. In this last case, the organizer documents the price variation, adequately highlighting the exclusion of the right of withdrawal.
11. RESPONSIBILITY OF THE ORGANIZER FOR INJECTION EXECUTION AND SURVIVAL IMPOSSIBILITY IN PROGRESS – TRAVEL OBLIGATIONS – TIMELINESS OF THE DISPUTES
1) The organizer is responsible for the execution of the tourist services provided for in the contract for the sale of a tourist package, regardless of the fact that these tourist services must be provided by the organizer himself, his auxiliaries or persons in charge when they perform their duties , by third parties whose work is used or by other tourist service providers pursuant to Article 1228 of the Civil Code.
2) The traveler, in compliance with the obligations of correctness and good faith as per 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 conformity defects detected during the execution of a tourist service provided for by the tourist package sale contract.
3) If one of the tourist services is not performed according to what is agreed in the contract of sale of tourist package, the organizer remedies the lack of conformity, unless this proves impossible or is excessively burdensome, taking into account the extent of the defect of compliance and value of the tourist services affected by the defect. If the organizer does not remedy the defect, the traveler is entitled to a reduction in the price as well as compensation for the damage suffered as a result of the lack of conformity, unless the organizer demonstrates that the lack of conformity is attributable to the traveler or to a third party outside the provision of tourism services or is inevitable or unpredictable or due to extraordinary and unavoidable circumstances.
4) Without prejudice to the above exceptions, 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 personally remedy the defect 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 there is no need for the traveler to specify a deadline.
If a lack of conformity constitutes a non-fulfillment of non-negligence and the organizer has not remedied with the timely contestation 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 – a price reduction, except for any compensation for damages.
If after the departure the Organizer is unable to provide an essential part of the services provided for in the contract for any reason other than for the passenger’s own purpose, he will have to prepare suitable alternative solutions for the continuation of the planned journey without any charges. of any kind to be paid by the traveler, or reimburse the latter within the limits of the difference between the services originally provided for and those made.
The traveler can reject the proposed alternative solutions only if they are not comparable with what was agreed in the contract or if the reduction in the price granted is inadequate. If no alternative solution is possible, ie the solution prepared by the organizer is refused by the traveler because it is not comparable to what was agreed in the contract or because the granted price reduction is inadequate, the organizer will provide a means of transport at no additional cost equivalent to the original one envisaged for the return to the place of departure or to the different place agreed, compatible with the availability of vehicles and places, and will reimburse it to the extent of the difference between the cost of the services provided and that of the services performed until the time of return anticipated.
12. SUBSTITUTIONS AND PRACTICAL VARIATION
1) If the traveler has given prior notice to the organizer on a durable medium no later than seven days before the start of the package, he may transfer the tourist package sale contract to a person who satisfies all the conditions for using the service.
2) The transferor and the assignee of the tourist package sales contract are jointly responsible for the payment of the balance of the price and of any rights, taxes and other additional costs, including any administrative and management costs of the practices, resulting from this sale.
3) The organizer informs the transferor of the actual costs of the sale, which do not exceed the expenses actually incurred by the organizer as a result of the sale of the tourist package sale contract and provides the assignor with proof of the rights, taxes or other additional costs resulting from the sale of the contract.
13. OBLIGATIONS OF TRAVELERS
1) Notwithstanding the obligation of prompt notification of the lack of conformity, as provided for by art. 11 paragraph 2, travelers must comply with the following obligations:
2) For the rules regarding the expatriation of minors, we refer explicitly to what is indicated on the site of the State Police. It is however specified 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. Regarding the exit from the country of minors of 14 years and those for which the Authorization issued by the Judicial Authorities is necessary, the requirements indicated on the site of the State Police will be followed http://www.poliziadistato.it/ Article / 191 /.
3) Foreign nationals must obtain 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 the update with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operating Center at 06.491115 ) adapting yourself before the trip. In the absence of such verification, no responsibility for the missed departure of one or more travelers may be imputed to the intermediary or to the organizer.
4) Travelers must in any case inform the intermediary and the organizer of their citizenship at the time of booking request for the tourist package or tourist service and, at the time of departure must definitely check that they have the vaccination certificates, the passport individual and any other document valid for all countries affected by the itinerary, as well as residence visas, transit visas and health certificates that may be required.
5) In addition, in order to assess the situation of socio-political security, health and any other useful information concerning the destination countries and, therefore, the objective usability of the services purchased or purchased, the traveler will have the responsibility to assume the official information of a general nature at the Ministry of Foreign Affairs, and disseminated through the Farnesina institutional website www.viaggiaresicuri.it.
The information above is not contained in the T.O. catalogs. – on-line or paper – as they contain general descriptive information as indicated in article 34 of the Tourism Code and not temporally changeable 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 “warning” for security reasons, the traveler who subsequently exercises the withdrawal can not invoke, for the purpose of exemption or reduction of the request indemnity for the termination made, the termination of the contractual cause related 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 journey, with all information provided to them by the organizer, as well as with regulations, administrative or legislative provisions relating to tourist package. Travelers will be called to answer for all the damages that the organizer and / or the intermediary have to suffer also because of the non respect of the above mentioned obligations, including the expenses necessary for their repatriation.
8) The traveler is obliged to provide the organizer with all documents, information and elements in its possession useful for the exercise of the right of subrogation of the latter against third parties responsible for the damage and is responsible to the organizer of the prejudice 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 of a 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 specific on how to travel, provided that it is possible to implement it and in any case be subject to a specific agreement between the traveler and the organizer (see Article 6, paragraph 1, letter h).
14. HOTEL CLASSIFICATION
The official classification of the hotel facilities 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 where the service is provided.
In the absence of official classifications recognized by the competent Public Authorities of the member countries of the EU to which the service refers, or in the case of structures commercialized as “Tourist Village” the organizer reserves the right to provide in the catalog or in the brochure a description of the receptive structure, such as to allow an assessment and consequent acceptance of the same by the traveler.
15. LIABILITY SYSTEM
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 carried out by him personally or by third party service providers, unless he proves that the event is derived from fact of the traveler (including initiatives taken independently by the latter during the execution of the tourist services) or by the fact of a third party of an unpredictable or unavoidable nature, by circumstances unrelated to the provision of the services provided in the contract, by chance, by force greater, that is to say by circumstances that the organizer himself could not reasonably foresee or solve according to his professional diligence.
The intermediary where the tourist package has been booked does not answer for the obligations related to the organization and execution of the trip, but is solely responsible for the obligations arising from his quality as an intermediary and for the execution of the mandate given to him by the traveler. 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 the related limitation periods, are governed by what is provided for therein and in any case within the limits established by the International Conventions governing the services that are the object of the tourist package as well as by articles 1783 and 1784 of the Civil Code, with the exception of personal injuries not subject to prefixed limit.
1. The right to a reduction in price or compensation for damages due to changes in the contract for the sale of a tourist package or substitute package, is prescribed in two years from the date of the traveler’s return to the place of departure.
2. The right to compensation for personal injury is prescribed in three years from the date of return of the traveler to the place of departure or in the longer period provided for compensation of personal injury by the provisions governing the services included in the package.
17. POSSIBILITY TO CONTACT THE ORGANIZER THROUGH THE SELLER
1. The traveler may direct messages, requests or complaints relating to the execution of the package directly to the seller through whom he purchased it, which, in turn, forward 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 considered the date of receipt also for the organizer.
18. OBLIGATION OF ASSISTANCE
The organizer shall provide adequate assistance without delay to the traveler in difficulty, also 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 communications remotely and helping him find alternate tourism services.
The organizer can demand payment of a reasonable cost for such assistance if the problem is intentionally caused by the traveler or by his fault, within the limits of the expenses actually incurred.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is possible and advisable to stipulate at the time of booking at the offices of the organizer or seller special insurance policies against the costs arising from the cancellation of the package, accidents and / or diseases that also cover the costs repatriation and for the loss and / or damage to the baggage.
The rights arising from 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 brochures made available to travelers at the time of departure.
20. ALTERNATIVE TOOLS FOR RESOLUTION OF DISPUTES
Pursuant to and for the purposes of art. 67 Cod. Tur. the organizer can propose to the traveler – in the catalog, on the documentation, on his own website or in other forms – alternative methods of resolution of the disputes that arose.
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 -FONDO ASTOI TO THE PROTECTION OF TRAVELERS (Article 47 Code Tur.)
Organized tourism contracts are backed by appropriate guarantees provided by the Organizer and by the intermediary Travel Agent who, for travel abroad and travel within a single country, guarantee, in cases of insolvency or bankruptcy intermediary or organizer, the reimbursement 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 which, on behalf of the Organizer, is obliged to provide the guarantee are indicated in the catalog and / or website of the Organizer and may also be indicated in the booking confirmation of the services requested by the traveler.
The procedures for accessing the guarantee and the deadline for submitting the application for the reimbursement of the sums paid are indicated on the website of the “ASTOI Fund for the Protection of Travelers”, at www.fondoastoi.it.
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 impossibility of presenting the request and not to the inertia of the traveler, allows remission in the same terms.
21. OPERATIONAL CHANGES
In view of the large advance with which the catalogs are published that show information on how to use the services, it is noted that the schedules and routes of the flights indicated in the acceptance of the proposed sale of the services may be subject to change as subject to subsequent validation. To this end, the traveler must request confirmation of the services to his Agency before departure. The organizer will inform the passengers about the identity of the actual vector in the times and with the modalities foreseen by the art.11 of the EC Reg. 2111/2005. (referred to in Article 5).
ADDENDUM
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
REGULATORY PROVISIONS
Contracts relating to the offer of only the transport service, only the service of stay, or any other separate tourist service, can not be configured as a case of negotiation of travel arrangements or tourist packages, 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, also by computer, is required to release to the traveler the documents relating to this service, which show the sum paid for the service and can not in any way be considered as an organizer of travel.
PRIVACY DISCLAIMER
The traveling gentlemen are informed that their personal data, the conferment of which is necessary to allow the conclusion and execution of the travel contract, will be handled in manual and / or electronic form in compliance with current legislation. Any refusal will result in the impossibility of improvement and consequent execution of the contract. The exercise of the rights provided for by the law in force – by way of example: the right to request access to personal data, rectify or cancel them or limit the processing that concern 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.
OBLIGATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW No. 38/2006.
“Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.
Privacy
Information pursuant to art. 13 D. Lgs. 196/2003 and European Privacy Regulation n. 2016/679 art. 13: The data of the subscriber of this contract and those of the other participants, whose conferment is mandatory to guarantee them the use of the services covered by the tourist package purchased, will be processed manually and / or electronically in compliance with the law. Any refusal to provide data will make it impossible to conclude the contract and provide related services. Data controllers are – except for separate and different indications, possibly visible in the catalog and / or in their respective websites – the Sales Agency and the Organizing Agency. Where necessary, the communication of data will be carried out only to competent authorities, insurance companies, correspondents or premises of the seller or organizer, service providers part of the tourist package or in any case to subjects for whom the transmission of data is necessary in relation at the conclusion of the contract and use of the related services. The data may also be disclosed to tax, accounting and legal consultants for the fulfillment of the legal obligations and / or for the exercise of rights in the law. At any time all rights may be exercised pursuant to art. 7 of Legislative Decree 196/2003.
Purpose of the treatment.
In order to be able to manage communications, reservations, payments and hospitality related to the cultural offers we promote, we need to collect, work and archive some of your private data.
We do it in accordance with the art. 13 of Legislative Decree n ° 196/2003 and we are adapting ourselves to the following legislation European Regulation of Privacy n. 2016/679, commonly called GDPR.
Your personal information is then managed by Trame d’Italia s.r.l. social enterprise (hereinafter TDI), as Data Controller, this is the information that we collect mainly through the platform trameditalia.it and on other subdomains such as those named www.tramedi <followed by the name of the territory> to the users of the website which promotes its cultural offer such as www.tramedilunigiana.it and www.tramedimoferrato.it. In the near future we may also use these data on our apps, however, linked to our activities of planning, organizing, promoting and selling cultural offers.
Always to allow you to use the services that you want to buy from us, we need to share your data with some of our partners and suppliers (who will act as data controllers) such as those involved in payment systems, in hotel hospitality, in catering, in the rental of means of transport, in insurance coverage that are an integral part of our offer. Where necessary to comply with the privacy policy, some of these providers may send you their privacy policy.
Permissions
You authorize us to do everything that we have described up to here, when you accept the phrase: “I consent to the processing of my personal data for all transactions related to the actual use by me of the services I purchase from Trame d’Itali s.r.l. Social enterprise”
You can also authorize us to: “I consent to that Trame d’Italia s.r.l. Social enterprise uses my private data to send me information and promotional communications related to its tourist-cultural offers such as new itineraries, publications, new offers in general, including video and audio documents “.
Finally you can authorize us to: “I consent that Trame d’Italia s.r.l. Social enterprise can transfer my personal data to any third parties interested in letting me know products, services and offers in general related to the world of travel, tourism and culture “.
You can withdraw your consent to all or only some of the uses described above, or ask for the complete deletion of your data, after the period strictly necessary to satisfy your eventual purchase, or still have more information by writing to [email protected]
Personal Data and method and place of treatment.
Your personal data that you will communicate directly or indirectly, for example, through your social profiles such as facebook or others will be kept and processed by Trame d’Italia s.r.l. with registered office in Milan, via Flavio Baracchini1, 20123 through our servers and / or our suppliers or sub-suppliers of technological services.
Duration of the Treatment.
Personal Data will be kept for the time necessary to provide the Services requested by the User, or for the time required by the purposes described in this document. The user can always request the Data Controller to interrupt the processing and / or cancel and / or correct the Data in the cases provided for by the law, as described in the paragraph ‘Authorizations’.
Cookies.
Some pages of the Website for the provision of the Services may use a widespread industry technology called “cookies”. “Cookies” are fragments of data that are placed on your hard drive when you access certain parts of a website. Cookies allow you to more easily provide information to TDI allowing us to know for example which pages of your site are more popular, which destinations and activities are most appreciated, in what periods and for how long. This in order to facilitate you, through the personalization of your internet settings. Cookies are also used to show advertisements (including third parties) that are relevant to your tastes and preferences.
If you do not wish to accept cookies, these can be deactivated with reference to third party pages and / or with reference to the instructions of the manufacturer of your browser.
Security measures.
TDI has adopted security measures in order to minimize the risks related to the loss or damage – even accidental – of personal data, or unauthorized access to data or to their unlawful processing.
Exercise of the right granted by the Data Protection Act.
At any time you can exercise the rights granted by law, ie the right to be informed about the existence, content, source, purposes and methods of processing Personal Data, and the right to request updates, corrections, additions and (when permitted by law) the cancellation of Personal Data. These rights may be exercised by contacting the Data Controller at the e-mail address [email protected] Please note that failure to provide your Personal Information may prevent TDI from providing the Services.
