TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR ORGANISED PACKAGE HOLIDAYS
1. LEGISLATIVE SOURCES
The sale of Organised Travel packages including services on both National and International territory, is governed by Act 27/12/1977 No. 1084 which ratifies and implements the International Convention concerning an Organised Travel Contract signed in Brussels on 23.4.1970 - if applicable - as well as by the Consumer Code - Legislative Decree No. 206 dated 6th September 2005 (sections 82-100) as subsequently amended.
The Travel Organiser, to which the consumer turns to, is authorised to perform its activity on the basis of the relevant regulatory provisions.
In this Sales Conditions contract the following definitions are valid:
a) Travel Organiser, any person that creates either an organized travel contract or one or more separate services making a tour or any kind of trip possible (article 4);
b) Seller of Package Holidays, any person that sells or offers to provides any User with an Organised Package Holidays according to the following article 4;
c) The consumer of Package holidays, is any person who benefits from the services defined in the Organised Travel Contract, regardless of the fact that the contract has been entered into or that the cost has been paid by that same person or by someone else for that person;
4. DEFINITION OF PACKAGE HOLIDAY
La Package tours, holidays, and all-inclusive tours are the subject of Organised Package Holidays and are the result of the combination of at least two of the following elements, sold or proposed for sale at a flat rate, and of a duration of over twenty four hours, that is, extended over a period of time which comprises at least one night:
c) tourist services, which are separate from transport or accommodation as specified and which constitute a significant part of the travel contract (Article 84 of the Consumer Code).
The User has the right to receive a copy of the contract of sale of the Organised Holiday ( according to the article 85 and 86 of the Consumer Code) which would potentially give access to the Guarantee Fund which is art. 20 of the following document of General Conditions.
5. MANDATORY INFORMATION - TECHNICAL FORM
The Travel Organiser is obliged to issue a technical form in a brochure or in an extra-brochure programme.
The mandatory elements to be included in the technical form in the brochure or in the extra-brochure programme are:
- Details regarding the administrative authorisation or, if applicable, the Travel Organiser's D.I.A. (Declaration of Commencement of Business).
- Details regarding the civil liability Insurance Policy.
- Validity of the brochure or the extra-brochure programme or the made-to-measure trip.
- Terms and conditions regarding the substitution of the Traveller (article 89 of the Consumer Code).
- Parameters and criteria regarding tour price adjustment (article 90 of the Consumer Code).
Furthermore, the Travel Organiser will inform the passengers regarding the identity of the effective vector/s within the time limits and through the use of the procedures set out in article 1 of the CE Reg. 21/11/2005.
The reservations will be written on the appropriate electronic form, filled in throughout by the User who will receive a copy of the same, and sent to the Travel Organiser through the Portal. The confirmation of the reservation can be considered received and valid when the Travel Organiser sends confirmation even through relative electronic messages.
The indications relative to Organised Package Holidays which are not contained in the contractual documents, in pamphlets, or in other means of written communications, will be given by the Travel Organiser thereby fulfilling the obligations set out in article 87, paragraph 2, of the Consumer Code, where applicable, before the beginning of the trip
Either in the brochure or pamphlet the User will find, or by the specific indications given by the Travel Organiser at the time of the order/reservation - the amount of the deposit, up to a maximum of 25% of the price of the Organised Package Holiday, to be paid upon order/reservation,
Non payment of the amounts mentioned above within the prescribed dates constitutes implementation of a definitive clause which allows the Travel Organiser to cancel the Organised Travel Contract on the basis of the Italian Civil Code.
The price of the Organised Package Holiday is set out in the Organised Travel Contract, in agreement with that indicated in the brochure or in the extra-brochure programme, as well as in any subsequent updates thereof. It can be adjusted up to 20 days prior to departure and only as a consequence of changes registered in:
a) transport cost including the cost of fuel;
b) fees and taxes on some types of travel services such as taxes, landing, embarking and disembarking fees in harbours and airports;
c) Exchange rates applied to the Organised Package Holiday involved.
For such adjustments reference will be made to both the exchange rates and the above mentioned costs in force at the time of publication of the programme as referred to in the technical form in the brochure, as well as to the date of any updates thereof.
Any fluctuations will vary the flat rate of the Organised Package Holiday in the percentage expressly indicated on the technical form in the brochure or extra-brochure programme.
9. MODIFICATION OR CANCELLATION OF THE ORGANISED PACKAGE HOLIDAY BEFORE DEPARTURE
Before departure, a Travel Organiser who requires significant modification of one or more elements of the Organised Travel Contract will immediately inform the User in writing, indicating the type of modification and the consequent variation of the flat rate.
Should the User not accept the modification mentioned in paragraph 1, the User can exert the right to recover the sum already paid or to choose an alternative Organised Package Holiday in accordance with paragraphs 2 and 3 of article 10.
Users can also exert the above mentioned right when cancellation either depends on the fact that the minimum number of participants stipulated by the brochure or extra-brochure programme has not been reached, or it is due to circumstances beyond their control, or to fortuitous cases regarding the Organised Package Holiday. For cancellations which differ from those caused by circumstances beyond their control, by fortuitous cases, or the non-attainment of the minimum number of participants stipulated, or for any reason which differs from the non-acceptance by the User of the alternative Organised Package Holiday, the Travel Organiser that cancels the Organised Package Holiday is obliged to reimburse the User a sum equal to twice the amount that the User has paid and that the Travel Organiser has collected (Article 33, letter e) of the Consumer Code).
The sum to be reimbursed to the Consumer cannot in any case be more than twice the amount that the Consumer would have to pay should it be the Consumer who cancels the Organised Travel Contract, in accordance with the successive article 10, paragraph 4.
10. USER RECESSION
The User can cancel the Organised Travel Contract without having to pay any penalty in the following cases:
- significant increase of the price, according to article 8, exceeding 10%;
- significant modification of one or more elements in the Organised Travel Contract which is/are objectively considered fundamental for the fruition of the Organised Package Holiday as a whole, considered and proposed by the Travel Organiser after the conclusion of the Contract but before departure, and not accepted by the User. In the above mentioned cases, the User will alternatively have the right to:
- choose an alternative Organised Package Holiday without price supplements and with the reimbursement of any extra cost if the chosen Organised Package Holiday has an inferior value with respect to the first;
- receive a refund of the deposit already paid. This refund must be made within 7 working days from the date of receipt of the request.
The User must communicate the decision taken (acceptance of the modification, or cancellation) within two working days from the date of receipt of the communication of cost increase or modification. Should the User not expressly communicate a decision within the above mentioned time limit, the proposal formulated by the Travel Organiser will be considered accepted.
Users who cancel the Organised Travel Contract before departure for reasons not listed in the first paragraph, will be debited - regardless of the payment of the deposit mentioned in article 7, paragraph 1 - the individual cost of administration, a penalty in accordance with the percentage indicated on the technical form in the brochure or extra-brochure programme, or made-to-measure tour, any cost of insurance cover requested at the time of booking the Organised Travel Contract, and the cost of any other services already given.
In the case of pre-established groups, such sums will be agreed upon when signing the Organised Travel Contract.
11. MODIFICATIONS AFTER DEPARTURE
If, after departure, it is impossible to fulfil, for any reason except for personal reasons regarding the User, an essential part of the Organised Package Holiday contained in the Organised Travel Contract, the Travel Organiser must offer alternative solutions without any supplementary cost for the User, and if the services given are of an inferior value with respect to those foreseen, the Travel Organiser must reimburse the User with the difference.
Should there be no alternative solution, that is, the solution offered by the Travel Organiser is refused by the User for proven and justified reasons, the Travel Organiser will provide the User, without supplementary costs, with a means of transport equivalent to the original for the return to the departure point, or to a different and agreed upon point, compatible with the availability of means of transport and seats, and will also reimburse the User of the difference between the cost of the foreseen services and those supplied up to the moment of the anticipated return.
A Consumer who is unable to travel can be substituted by another person if:
a) the Travel Organiser is informed in writing at least 4 working days before the date of departure, of the reasons for the substitution and is informed of the details regarding the Substitute;
b) the Substitute satisfies all the conditions of the Organised Package Holiday (ex. Article 89 of the Consumers Code), in particular requirements regarding passports, entry permits, and health certificates;
c) the same Organised Package Holiday or other substitution services can be given following the substitution;
d) the Substitute reimburses the Travel Organiser of all the additional costs sustained for the substitution procedure, the amount of which will be quantified before substitution.
The original User and the Substitute are both liable for the payment of settlement and of the amounts mentioned in letter d) of the present article.
Further requirements and conditions regarding substitutions are indicated in the technical form.
13. TRAVELLER OBLIGATIONS
During negotiation and before the conclusion of the Organised Travel Contract, Italian citizens will be given written general information updated to the date of printing- regarding health obligations and the documentation necessary for repatriation. Foreign citizens can find the corresponding information through their respective diplomatic representatives present in Italy and/or through the official Government information channels.
In any case, before departure Users/Travellers must check any updates with the relevant authorities (for Italian citizens the local police headquarters or the Foreign Affairs Ministry through the web site www.viaggiaresicuri.it or by contacting the Call Centre on number 06.491115) and conform to the information received before the trip. In the absence of such verification the Travel Organiser cannot in any way be held responsible if one or more User/Traveller does not depart.
The User/Traveller must inform the Travel Organiser of their citizenship and, upon departure, must verify vaccination certificates, individual passports, and any other kind of document valid for all the countries included in the itinerary of the journey. This also includes visas, transit passes, and health certificates if requested.
Furthermore, so as to evaluate the sanitary and safety situations in the destination countries and, therefore, the use of the services acquired or to be acquired, the User/Traveller will check (through the use of the aforementioned information channels - paragraph 2 of the present article) the official general information given by the Foreign Affairs Ministry which expressly indicates if the destinations are considered inadvisable.
The User/Traveller must also respect the laws and all the regulations in force in the countries which are the destination of the journey, all the information given by the Travel Organiser, and the regulations regarding the administrative or legislative provisions in relation to Organised Package Holidays. The User/Traveller will be liable for all damages that the Travel Organiser undergoes if the above mentioned obligations are not respected.
The User/Traveller is obliged to give the Travel Organiser all documents and information that can be useful for replacement rights towards third parties responsible for damages, and is liable to the Travel Organiser regarding the detriment of replacement rights.
At the time of order/reservation, the User/Traveller will notify in writing to the Travel Organiser all personal requests that may be the subject of specific agreements on conditions of travel, provided that these requests are feasible.
The User/Traveller is obliged to inform the Travel Organiser of any requirements or particular conditions (pregnancy, food intolerances, disabilities, etc.) and to explicitly specify any request for personalised services.
14. HOTEL CLASSIFICATION
The official classification of hotels is given in the brochure or in other informative material only on the basis of express and formal indications given by the competent authorities of the country in which the service is given.
In the absence of an official classification recognised by the competent Public Authorities of the country - even if member of the EU - the Travel Organiser reserves the right to give a full description in the brochure or pamphlet so as to allow the User to evaluate and successively accept the proposal.
15. RESPONSIBILITY REGIME
The Travel Organiser is liable for damages caused to the User in relation to the total or partial non-fulfilment of the services specified in the Contract. This applies whether the services are carried out directly by the Travel Organiser or by third parties, unless it is proven that this non-fulfilment is caused by the User/Traveller (this includes autonomous initiatives that the User/Traveller assumes during the journey) or caused by circumstances which are outside the services foreseen by the Organised Package Holiday, by fortuitous cases, by circumstances beyond its control, that is, by circumstances that the Travel Organiser could not reasonably foresee or solve.
The vendor used for the reservation of the Organised Package Holiday is not liable for obligations arising from the organisation of the journey, but is exclusively responsible for the obligations arising from the role of intermediary and, however, within the limits foreseen by the laws in force for such responsibility.
16. COMPENSATION LIMITS
Compensation for damages cannot in any case be superior to the limits indicated in articles 94 and 95 of the Consumer Code.
17. ASSISTANCE OBLIGATIONS
The Travel Organiser is obliged to give assistance to the User/Traveller in measures foreseen by the professional diligence criteria, exclusively in reference to the obligations for which they are responsible in accordance with the law or with the Contract.
The Travel Organiser is exonerated from its responsibilities (articles 15 and 16 of the present Sales Contract) when the non-fulfilment or inadequate execution of the Organised Travel Contract is attributable to the User/Traveller, or depends on the non-foreseeable or inevitable character of a third party, or is caused by a fortuitous cause or by circumstances beyond its control.
18. COMPLAINTS AND DENUNCIATIONS
Every non-fulfilment regarding the Organised Travel Contract must be contested by the User/Traveller without delay so that the Travel Organiser, its local representative, or the accompanying person can quickly correct the situation. Failing this, the non-fulfilment of the Contract cannot be disputed.
To avoid complications, the User/Traveller must also report the complaint by sending a recorded delivery letter with acknowledgement of receipt addressed to the Travel Organiser, within 10 days of the date of return to the point of departure.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
If these are not expressly included in the cost, it is possible and advisable, to request a special insurance policy regarding costs deriving from the cancellation of the Organised Package Holiday, injury, and baggage loss or damage. This can be done at the moment of order/reservation in the offices of the Travel Organiser or of the Intermediary. It is also possible to request an assistance contract which covers expenses related to repatriation in the case of injury or disease.
20. GUARANTEE FUND
The National Guarantee Fund (article 100 of the Consumer Code) instituted for the protection of Consumers who entered into an Organised Travel Contract, arranges the following measures in the case of insolvency or declared bankruptcy of the Travel Organiser:
a) reimbursement of the paid sum;
b) repatriation in the case of a journey abroad;
The Fund also gives immediate economic availability in the case of forced repatriation of tourists from countries outside the EU in emergency situations which are due or not due to the behaviour of the Travel Organiser.
The conditions of intervention of the Fund are established by a Decree of the Prime Minister dated 23/07/99, No. 349.
GENERAL SALES CONTRACT CONDITIONS OF SEPARATE TOURIST SERVICES
A) PRESCRIPTIVE AGREEMENT
The contracts regarding the offer of only transport service and stay, being of any other separate tourist service, that cannot be considered part of the Organised Package Holiday, are regulated by the following dispositions of the CCV: art. 1, n.3 and n.6; art. from 17 to 23; art. from 24 to 31, as the predictions different from the ones related to the contract of organization as well as from the other agreements referred to in the selling of the single service subject of the contract.
B) CONTRACT CONDITIONS
We can apply the following clauses of the above mentioned general sales contract conditions of Organised Package Holiday: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 19. The application of these clauses does not determine the configuration of the relative contracts in this case of Organised Package Holiday. The terminology of the above mentioned clauses relative to the contract of Organised Package Holiday (organiser, trip, etc.) is to be understanding with reference to the corresponding features of the sales contract of the separate tourist services (seller, stay, etc.).
Approved in September 2007 by Astoi, Assoviaggi, Assotravel, Fiavet