TERMS AND CONDITIONS
§ 1. Legislative Sources
§ 2. Administrative Regime
The organiser and the intermediary of the tourist package to which the tourist is addressed must be enabled to carry out their activities in accordance with current and regional legislation, given the specific competence.
The Organizer and the Intermediary make third parties aware of before the conclusion of the contract, of the terms of the insurance cover for the coverage of the risks arising from professional liability, as well as the extremes of the other guarantee policies towards travelers for the coverage of events which may affect the performance of the holiday, such as cancellation of travel, medical expenses, early repayment, loss or damage to luggage, as well as the details of the collateral for the insolvency or bankruptcy of the organizer and the intermediary, each for the purpose of repaying the sums paid or the return of the tourist to the place of departure.
According to art. 18, paragraph VI of the Cod. Tur., The use of the name or reason of the words “travel agency”, “tourism agency”, “tour operator”, “travel agent” or other words and phrases, including in a foreign language, of a similar nature, is allowed only to the firms authorised in the first paragraph.
§ 3. Definitions
For the purpose of this contract:
- Travel organizer: the person who commits himself / herself on his own behalf and for a lump sum, to procure to third parties tourist packages, realizing the combination of the elements referred to in the following art. 4 or offering the tourist, even via a remote communication system, the ability to independently realize and buy that combination;
- Intermediary: the person who, even if not professionally and non-profit-making, sells or undertakes to provide tourist packages made pursuant to the following art. 4 towards a flat fee;
- Tourist: the buyer, the transferee of a tourist package or any person to be named, provided that he meets all the conditions required for the use of the service on behalf of which the main contractor undertakes to purchase a tourist package without remuneration.
§ 4. Concept of Tourist Package
§ 5. Tourist Information - Datasheets
The organiser prepares a technical file in the catalogue or in the out-of-catalog program – even on electronic or telematic support. The mandatory elements of the catalogue or out-of-catalog program are:
- Details of the administrative authorization or, where applicable, D.I.A. or S.C.I.A. of the organiser; – Extras of the civil liability insurance policy; – validity of the catalogue or out-of-catalog program;
- Modalities and conditions for the replacement of the traveller (Art. 39 Cod. Tur.); – parameters and criteria for the adjustment of the travel price (Art. 40 Cod. Tur.). The organiser will also insert in the data sheet any additional special conditions.
At the conclusion of the contract, the organiser will also inform the passengers about the identity of the actual carrier(s), subject to the provisions of art. 11 of Reg. CE 2111/2005, and of their possible inclusion in the so-called. “Blacklist” provided by the same Regulations.
§ 6. Booking
The reservation proposal must be drawn up on a special contractual form, if any, electronically, completed in all its parts and signed by the customer, which will receive a copy. Acceptance of bookings is to be completed, with the consequent conclusion of the contract, only when the organiser will send the relative confirmation to the tourist by the intermediary travel agency via a telematic system.
The organiser will provide, before departure, the directions relating to the tourist package not contained in the contract documents, brochures or other written media, as provided for in art. 37, paragraph 2 Cod. Tur.
According to art. 32, paragraph 2, Cod. Tur., In the case of contracts concluded at a distance or outside the premises (as defined respectively by Articles 50 and 45 of Legislative Decree 206/2005), the organiser reserves the right to inform in writing the non-existence of the right of withdrawal provided for in art. 64 and ss. Of Legislative Decree 206/2005.
§ 7. Payments
The amount of the deposit, up to a maximum of 30% of the price of the tourist package, to be paid at the time of booking or at the time of the demanding request and the date on which the balance is to be made prior to departure, is reported in the catalogue, brochure or anything else. Failure to pay the above sums on the dates set is a definitive clause expressly determined by the agency and/or the organiser for the resolution of the contract.
§ 8. Price
The price of the tourist package is determined in the contract, with reference to what is reported in the catalogue or out-of-catalog program and any updates of the same catalogues or programs outside the catalogue that have subsequently intervened. It may be varied up to 20 days prior to departure and only as a result of variations of:
- Transportation costs, including the cost of fuel;
- Rights and fees on certain types of tourist services such as taxes, levies or landing fees, landing or embarkation charges at ports and airports;
- Exchange rates applied to the package in question.
For such variations, reference will be made to the exchange rate and the above costs in force at the date of publication of the program, as reported in the technical datasheet of the catalogue, or on the date given in any updates above. The oscillations will affect the package price of the tour package in the percentage expressly indicated in the catalogue or out-of-catalog program.
§ 9. Modification or Cancellation of the Tourist Package Before Departure
Prior to departure, the organiser or intermediary who needs to modify one or more of the elements of the contract significantly gives him immediate notice in writing to the tourist, indicating the type of modification and the variation of the resulting price.
If the modification proposed in accordance with paragraph 1 is not accepted, the tourist may alternatively exercise the right to reimburse the sum already paid or to enjoy the offer of a replacement tourist package in accordance with the second and third paragraphs of Article 10
The tourist can exercise the above-mentioned rights even when the cancellation is due to the failure to reach the minimum number of participants in the Catalogue or the Out-of-the-Box Program or for cases of force majeure and fortuitous cases related to the tourist package purchased. For cancellations other than those caused by force majeure, by accident and failure to reach the minimum number of participants as well as for those other than the non-acceptance by the tourist of the alternative tour package offered, the organiser who cancels, (Art. 33 and Cod. Cons.) will return to the tourist twice the amount paid and collected by the organizer through the travel agent. The amount subject to the refund will never exceed twice the amount the tourist would be in the same debtor as provided for in art. 10, 4th paragraph if he was to cancel.
§ 10. Recess of the Tourist
The tourist can withdraw from the contract without paying penalties under the following conditions:
- Increase in price referred to in art. 8 in excess of 10%;
- Significantly modification of one or more elements of the contract objectively configurable as essential for the purposes of the tourist package as a whole considered and proposed by the organiser after the conclusion of the contract but before the departure and not accepted by the tourist.
In the above cases, the tourist alternately has the right:
- To take advantage of an alternative tourist package, without a price charge or with the return of the price surplus, if the second tour package is less than the first;
- To the refund of the only part of the price already paid. This refund must be made within seven business days of receipt of the refund request.
The tourist must give notice of his decision (to accept the change or withdraw) within and no more than two working days from the time he received the notice of increase or modification. In the absence of express communication within the aforementioned period, the proposal formulated by the organiser is deemed to have been accepted.
§ 11. Changes After Departure
The organiser, if after the departure is unable to provide for any reason, except for a factual aspect of the tourist, an essential part of the services contemplated in the contract, will have to prepare alternative solutions, without price supplements to the contractor and if the services provided are of lower value than the ones provided, reimburse it to such an extent. If no alternative solution is possible, ie the solution prepared by the organizer is refused by the tourist for well-founded and justified reasons, the organizer will provide a means of transportation equivalent to the original one provided for the return to the place of departure at no cost price Or at any other place agreed upon, depending on the availability of means and seats, and will reimburse it to the extent of the difference between the cost of the services provided and the performance of the services until the time of early repatriation.
§ 12. Substitutions
The tourist who waives, may be replaced by another person if:
a) the organiser is informed in writing at least 4 working days before the date set for departure, receiving at the same time notice of the reasons for the substitution and the generality of the transferee;
b) the transferee fulfils all the conditions for the use of the service (ex Article 39 Cod. Tur.) And in particular, the requirements relating to the passport, visas and health certificates;
c) the same services or other substitute services may be provided following replacement;
d) the substitute pays to the organiser for all additional expenses incurred to make the replacement, to the extent that it will be quantified before the sale.
The transferor and the transferee are jointly and severally liable for the payment of the balance of the price as well as the amounts referred to in point d) of this Article. Any further modalities and replacement conditions are indicated on the technical sheet.
§ 13. Obligations of Tourists
During the negotiations and in any case prior to the conclusion of the contract, general information will be provided to Italian citizens in writing, updated at the date of publication of the catalogue on health requirements and documentation required for expatriation.
Foreign citizens will find the corresponding information through their diplomatic representations in Italy and/or their official government information channels. In any case, tourists will, prior to departure, verify their updating with the relevant authorities (for Italian citizens the local Questure or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operational Center at 06.491115 ) adjusting before the trip. In the absence of such verification, no liability for the non-departure of one or more tourists may be charged to the intermediary or to the organiser.
Tourists must inform the intermediary and the organiser of their citizenship and, at the time of departure, have to make sure that they are provided with vaccination certificates, individual passport and any other valid document for all countries affected by the itinerary, as well as visas, transit and health certificates that may be required. In addition, in order to assess the health and safety situation of the destination countries and, therefore, the objective use of the services purchased or to be purchased, the tourist will find (by using the information sources indicated in paragraph 2) official information at the Ministry of Foreign Affairs expressly indicating whether the destinations are or are not subject to formal advice. Tourists must also observe the rules of normal prudence and diligence and the specifics in force in the countries of destination, all information provided by the organiser, as well as regulations, administrative or legislative provisions relating to the tourist package. Tourists will be required to respond to any damages that the organiser and/or the intermediary would suffer due to the failure to comply with the above obligations, including the costs of returning them. The tourist is required to provide the organiser all the documents, information and items in its possession useful for the exercise of the right of surrogacy of the latter against third parties responsible for the damage and is liable to the organiser of the injury caused to the right of surrogacy. The tourist will also communicate in writing to the organiser at the time of booking the particular personal requests that may be subject to specific arrangements on the travel arrangements, provided that it is possible to implement it. The tourist is always obliged to inform the intermediary and the organiser of any special needs or conditions (pregnancy, food intolerance, disability, etc.) and explicitly specify the request for related personalised services.
§ 14. Hotel Classification
The official classification of hotel structures is provided in the catalogue or other information material only on the basis of express and formal indications of the competent authorities in the country where the service is provided. In the absence of official classifications recognized by the competent public authorities of the countries also members of the EU to whom the service refers, the organizer reserves the right to provide in the catalogue or in the brochure a description of the accommodation structure in such a way as to permit an assessment and consequent acceptance of the same by the tourist.
§ 15. Responsibility Regime
The organizer shall be liable for damage caused to the tourist due to the total or partial failure of the contractually incurred services, whether they are done by him personally or by third-party service providers, unless he proves that the event is derived from fact of the tourist (including initiatives taken independently by the latter during the execution of the tourist services) or by a third party of an unforeseeable or unavoidable nature, from circumstances beyond the scope of the provision of the services provided by the contract, by accident, by force majeure, or from circumstances that the same organiser could not reasonably foresee or resolve according to professional diligence. The intermediary at which the tour package was made does not in any way meet the obligations arising from the organization of the trip but is solely responsible for the obligations arising out of its intermediary quality and, in any case, within the limits set forth for such liability from the rules in force in this matter, except for the exemption provided for in art. 46 Cod. Tur.
§ 16. Limits of Compensation
The damages referred to in artt. 44, 45 and 47 of Cod. Tur. and the terms of their prescription are governed by the provisions of the International Conventions governing the benefits covered by the tourist package as well as Articles 1783 and 1784 of the Italian Civil Code.
§ 17. Duty of Assistance
The organiser is required to provide the tourist assistance measures according to the professional diligence criteria, with the sole reference to its obligations under law or contract. The organizer and the intermediary are exonerated from their respective responsibilities (Articles 15 and 16 of these Terms And Conditions) when the failure or incorrect execution of the contract is attributable to the tourist or is due to the fact that the third party is unforeseeable or unavoidable, that is, it was caused by a fortuitous or force majeure.
§ 18. Complaints
Any failure to execute the contract must be challenged by the tourist when the package is used by a timely submission of a complaint so that the organiser, his local representative or the accompanying person will promptly remedy you. Otherwise, compensation for damage will be reduced or excluded pursuant to art. 1227 c.c.
The tourist must also – under penalty of decadence – lodge a complaint by sending a registered letter with acknowledgement of receipt or other means of proof of receipt, the organiser or the intermediary, no later than ten working days from the date of return to the place of departure.
§ 19. Insurance Against Cancellation and Returns
If not expressly included in the price, it is possible, and indeed advisable, to make at the time of booking at the offices of the organiser or the intermediary special insurance policies against the expenses arising from the cancellation of the tourist package, from accidents and related events to luggage transported. It will also be possible to stipulate a service agreement covering the costs of repatriation in the event of accidents, illnesses, fortuitous cases and/or force majeure. The tourist will exercise the rights arising from such contracts solely with respect to the Insurance Company, under the terms and conditions laid down by such policies.
§ 20. Alternative Dispute Resolution Tools
In accordance with and with the effects of art. Cod. Tur. the organiser may propose to the tourist – from the catalogue, on their site or in other forms – alternative ways of resolving disputes. In that case, the organiser will indicate the type of alternative resolution proposed and the effects that such membership entails.
§ 21. Guarantee Fund
The National Guarantee Fund established for the protection of tourists who are in possession of a contract, provides for the following requirements in case of insolvency or declared bankruptcy of the intermediary or the organiser:
a) reimbursement of the price paid;
b) repatriation in the case of travel abroad.
The fund must also provide immediate economic availability in the event of forced return of tourists from non-EU countries in the event of emergencies attributable or not to the behaviour of the organiser. The terms of the intervention of the Fund are set forth in the decree of the President of the Council of Ministers of 23/07/99, no. 349 and repayment claim to the Fund are not subject to any term of decline. The organiser and the intermediary shall contribute to the provision of this Fund to the extent provided for in paragraph 2 of the said art. 51 Cod. Tur. through the payment of the compulsory insurance premium that is required to be paid, a portion of which is paid to the Fund in accordance with the provisions of art. 6 of DM 349/99.
§ 22. Regulation Arrangements
Contracts for the sole purpose of providing a single transport service, only accommodation, or any other separate tourist service, which can not be considered as a negotiating arrangement for a travel organisation or a tourist package, are governed by the following provisions of the CCV : Art. 1, n. 3 and n. 6; articles from 17 to 23; articles. 24 to 31 (limited to parts of such provisions that do not relate to the contract of organisation) and from other arrangements specifically related to the sale of the single service contracted. A vendor who undertakes to provide third-party, even via a telematic service, a disaggregated tourist service, is obliged to issue to the tourist the documents relating to this service, which bears the sum paid for the service and cannot be considered as travel organiser.
§ 23. Terms of Contract
The following clauses of the general terms and conditions of the sale of the above-mentioned tourist packages are also applicable to these contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of these clauses does not absolutely determine the configuration of the relevant services as a tourist package case. The terminology of the aforementioned clauses relating to the tourist package contract (organiser, travel etc.) should, therefore, be understood with reference to the corresponding figures in the sales contract of individual tourist services (seller, residence, etc.).
The tourist who withdraws from the contract before leaving outside the hypotheses listed in the first paragraph, or in the case provided for in art. 7, paragraph 2, will be debited – regardless of the payment of the deposit referred to in art. 7 pt. 1 – the individual cost of practical management, the penalty in the amount indicated in the technical data sheet of the catalogue or Outbound Program or tailor made travel, any insurance cover that is already required at the time of the conclusion of the contract or for other services already provided.
In the case of pre-established groups, such sums will be agreed on a contractual basis from time to time.
§ 24. Data Sheet
Ex art. 05 – An integral part of the General Terms and Conditions
• Technical organisation: Alltrade Business S.r.l., Via Antonio Ciamarra 174, 00173 Rome.
• Regional Authorization no. GR520916 of 18/10/2016
• Insurance Guarantee Civil Responsibility ALLIANA POLICY n. 197104
• The conditions here apply to all packages and all travel initiatives organised by Alltrade Business S.r.l. or on behalf of third parties.