GENERAL CONDITIONS OF CONTRACT OF SALE OF PACKAGE TOURS
- LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed – until its repeal pursuant to Article 3 of Legislative Decree No. 79 of May 23, 2011 (the “Tourism Code”) – by Law No. 1084 of 27/12/1977 ratifying and executing the International Convention on the Travel Contract (CCV), signed in Brussels on 23.4.1970 – as applicable – as well as by the Tourism Code (Articles 32-51) and its subsequent amendments.
- ADMINISTRATIVE REGIME
The organizer and the intermediary of the tourist package, to whom the tourist turns, must be licensed to perform their respective activities under the applicable administrative regulations, including regional regulations. Pursuant to Article 18, Paragraph VI of the Tourism Code, the use in the name or business name of the words “travel agency,” “tourism agency” , “tour operator,” “travel broker,” or other words and phrases, including in a foreign language, of a similar nature, is permitted only to the licensed enterprises referred to in the first paragraph.
- DEFINITIONS
For the purposes of this contract, the following shall mean:
- (a) travel organizer: the person who undertakes in his own name and for a lump sum consideration, to procure tourist packages for third parties, realizing the combination of the elements referred to in Article 4 below or offering the tourist, including through a system of distance communication, the possibility of independently realizing and purchasing such combination;
- (b) intermediary: the person who, whether or not professionally and not for profit, sells or undertakes to procure tourist packages made pursuant to Article 4 below for a flat fee;
- (c) tourist: the purchaser, the transferee of a tourist package or any person also to be named, provided that he or she meets all the conditions required for the use of the service, on whose behalf the principal contractor undertakes to purchase a tourist package without remuneration.
- NOTION OF PACKAGE TOUR
The notion of tourist package is as follows: “Tourist packages have as their object trips, vacations, “all-inclusive” circuits, tourist cruises, resulting from the combination, by whomever and howsoever realized, of at least two of the following elements, sold or offered for sale at a lump sum price: a) transportation; b) accommodation; c) tourist services not ancillary to transportation or accommodation referred to in Art. 36 that constitute for the satisfaction of the tourist’s recreational needs, a significant part of the “tourist package” (Art. 34 Cod. Tur.). The tourist is entitled to receive a copy of the contract of sale of tourist package (drawn up pursuant to and in the manner set forth in Art. 35 Cod. Tur.). The contract constitutes a title to access the Guarantee Fund referred to in Article 21 below.
- TOURIST INFORMATION – DATA SHEET
The organizer shall prepare a data sheet (attached hereto) in the catalog or out-of-catalogue program–either electronically or electronically. The mandatory elements of the catalog or out-of-catalogue program data sheet are: – details of the administrative authorization or, if applicable, the D.I.A. or S.C.I.A. of the organizer; – details of the liability insurance policy; – period of validity of the catalog or out-of-catalogue program; – terms and conditions of substitution of the traveler (Art. 39 Cod. Tur.); – parameters and criteria for adjusting the price of the trip (Art. 40 Cod. Tur.). The organizer will also include any additional special conditions in the data sheet. At the time of the conclusion of the contract, the organizer will also inform passengers about the identity of the actual carrier(s) , subject to the provisions of Art. 11 of EC Reg. 2111/2005, and of its/their possible inclusion in the so-called “black list” provided by the same Regulation.
- RESERVATIONS
The booking proposal must be made on the appropriate contract form, if applicable electronic, completed in its entirety and signed by the customer, who will receive a copy. Acceptance of bookings is understood to be finalized, resulting in the conclusion of the contract, only when the organizer sends relative confirmation, including by telematic system, to the tourist at the intermediary travel agency. The organizer will provide prior to departure the information about the tourist package not contained in the contractual documents, brochures or other means of written communication, as provided by Art. 37, paragraph 2 Cod. Tur. Pursuant to Art. 32, paragraph 2, Cod. Tur., in the case of contracts concluded at a distance or off-premises (as respectively defined by Articles 50 and 45 of Legislative Decree 206/2005), the organizer reserves the right to communicate in writing the non-existence of the right of withdrawal provided for in Articles 64 et seq. of Legislative Decree 206/2005.
- PAYMENTS
The amount of the deposit (indicated in the data sheet), up to a maximum of 25% of the price of the tourist package, to be paid at the time of booking or at the time of the binding request and the date by which, before departure, the balance must be paid, result from the catalog, brochure or whatever. Failure to pay the above sums on the stipulated dates shall constitute an express termination clause such that the intermediary agency and/or the organizer shall be entitled to terminate the contract.
- PRICE
The price of the tourist package is determined in the contract, with reference to what is stated in the catalog or program out of the catalog and any updates of the same catalogs or programs out of the catalog that subsequently occurred. It may be varied up to 20 days prior to departure and only as a result of changes in: – transportation costs, including the cost of fuel; – fees and taxes on certain types of tourist services such as taxes, fees or landing, disembarkation or embarkation fees at ports and airports; – exchange rates applied to the package in question. For such variations, reference will be made to the exchange rates and costs mentioned above in effect on the date of publication of the program, as reported in the catalog data sheet, or on the date reported in any updates mentioned above. The fluctuations will affect the lump-sum price of the package tour in the percentage expressly indicated in the catalog data sheet or out-of-catalogue program.
- MODIFICATION OR CANCELLATION OF THE TOUR PACKAGE BEFORE DEPARTURE
Prior to departure, the organizer or intermediary who needs to significantly change one or more elements of the contract, shall give immediate notice in writing to the tourist, indicating the type of change and the resulting change in price. If he/she does not accept the proposed amendment referred to in paragraph 1, the tourist may alternatively exercise the right to repurchase the sum already paid or to enjoy the offer of a substitute package tour in accordance with paragraphs 2 and 3 of Article 10. The tourist may also exercise the above rights when the cancellation depends on the failure to reach the minimum number of participants stipulated in the Catalogue or in the Off-Catalogue Program or on cases of force majeure and fortuitous event, related to the purchased tourist package. For cancellations other than those caused by force majeure, fortuitous event, and failure to reach the minimum number of participants, as well as for those other than the tourist’s non-acceptance of the alternative tourist package offered, the organizer who cancels, (Art. 33 lett. e Cod. Cons.) will return to the tourist double the amount paid by the tourist and collected by the organizer, through the travel agent. The sum subject to restitution will never be more than twice the amounts for which the tourist would be owed on the same date according to the provisions of Art. 10, 4th paragraph if he/she were to cancel.
- WITHDRAWAL OF THE TOURIST
The tourist may withdraw from the contract, without paying penalties, in the following cases: – increase in the price referred to in Article 8 above to an extent exceeding 10%; – significant modification of one or more elements of the contract objectively configurable as fundamental to the enjoyment of the tourist package as a whole and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the tourist. In the above cases, the tourist is alternatively entitled: – to take advantage of an alternative tourist package, without extra charge or with the return of the excess price, if the second tourist package has a lower value than the first; – to the return of only the part of the price already paid. Such refund must be made within seven working days from the time of receipt of the refund request. The tourist must give notice of his or her decision (to accept the change or to withdraw) no later than two working days after receiving the notice of increase or change. In the absence of express notice within the above-mentioned period, the proposal made by the organizer shall be deemed accepted. The tourist who withdraws from the contract before departure outside the cases listed in the first paragraph, or in the case provided for in Article 7, paragraph 2, will be charged – regardless of the payment of the deposit referred to in Article 7, paragraph 1 – the individual cost of practice management, the penalty to the extent indicated in the data sheet of the Catalogue or Program out of catalog or tailor-made trip, any amount of insurance coverage already required at the time of the conclusion of the contract or for other services already rendered. In the case of pre-established groups these amounts will be agreed from time to time at the signing of the contract.
- CHANGES AFTER DEPARTURE
The organizer, if after the departure he is unable to provide for any reason, except for the tourist’s own doing, an essential part of the services contemplated in the contract, shall arrange alternative solutions, without price supplements to be paid by the contracting party and if the services provided are of less value than those provided, reimburse him in an amount equal to such difference. If no alternative solution is possible, or if the solution prepared by the organizer is refused by the tourist for proven and justified reasons, the organizer will provide, without extra charge, a means of transportation equivalent to the original one provided for the return to the place of departure or to the different place possibly agreed upon, subject to the availability of means and places, and will reimburse him to the extent of the difference between the cost of the services provided and the cost of the services provided up to the time of the early return.
- SUBSTITUTIONS
The relinquished tourist may be replaced by another person provided that:
- (a) the organizer is informed in writing at least 4 working days before the date set for departure, receiving at the same time notice about the reasons for the substitution and the particulars of the transferee;
- b) the transferee meets all the conditions for the use of the service (ex art. 39 Cod. Tur. ) and in particular the requirements for passport, visas, health certificates;
- (c) the same or other replacement services can be provided as a result of the replacement;
- (d) the substitute reimburses the organizer for all additional expenses incurred in making the substitution, to the extent that will be quantified to him before the transfer.
The transferor and the transferee shall be jointly and severally liable for the payment of the balance of the price as well as the amounts referred to in paragraph (d) of this Article. Any additional terms and conditions of substitution are indicated in the data sheet.
- OBLIGATIONS OF TOURISTS
In the course of negotiations and in any case prior to the conclusion of the contract, Italian citizens shall be provided in writing with general information – updated as of the date of printing of the catalog – regarding health obligations and documentation required for expatriation. Foreign citizens will find the corresponding information through their diplomatic representations present in Italy and/or the respective official governmental information channels. In any case, consumers will, prior to departure, check for updates with the competent authorities (for Italian citizens, the local Questuras or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115), adjusting them before travel. In the absence of such verification, no responsibility for the missed departure of one or more consumers can be attributed to the intermediary or the organizer. Consumers must inform the intermediary and the organizer of their citizenship and, at the time of departure, must definitively ascertain that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries touched by the itinerary, as well as residence visas, transit visas and health certificates that may be required. In addition, in order to assess the health and safety situation of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the tourist will find (making use of the information sources indicated in paragraph 2) the official information of a general nature at the Ministry of Foreign Affairs that expressly indicates whether or not the destinations are subject to formal discouragement. Consumers will also be required to abide by the rules of normal prudence and diligence and the specific rules in force in the countries of travel destination, all information provided to them by the organizer, as well as regulations, administrative or legislative provisions relating to the package tour. Consumers will be held liable for all damages that the organizer and/or the intermediary may also suffer as a result of failure to comply with the above obligations, including the expenses necessary for their repatriation. The tourist is required to provide the organizer with all documents, information and elements in its possession useful for the exercise of the latter’s right of subrogation against third parties responsible for the damage and is liable to the organizer for the prejudice caused to the right of subrogation. The tourist will also notify the organizer in writing, at the time of booking, of any special personal requests that may be the subject of specific agreements on the arrangements for the trip, provided that it is possible to implement them. The tourist is always required to inform the Intermediary and the organizer of any special needs or conditions (pregnancy, food intolerances, disabilities, etc…) and to explicitly specify the request for related personalized services.
- HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog or other information material only in accordance with the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the countries even members of the EU to which the service refers, the organizer reserves the right to provide in the catalog or brochure its own description of the accommodation, such as to allow an evaluation and consequent acceptance of the same by the tourist.
- LIABILITY REGIME
The organizer is liable for damages caused to the tourist as a result of total or partial non-performance of the services contractually due, whether they are carried out by him personally or by third party service providers, unless he proves that the event resulted from the tourist’s own actions (including initiatives independently taken by the latter in the course of the performance of tourist services) or from the actions of a third party of an unforeseeable or unavoidable nature, by circumstances extraneous to the provision of the services under the contract, fortuitous event, force majeure, or circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve. The intermediary with whom the booking of the tourist package has been made is not liable under any circumstances for the obligations arising from the organization of the trip, but is responsible exclusively for the obligations arising from its capacity as an intermediary and, in any case, within the limits provided for such liability by the regulations in force on the subject, except for the exemption referred to in Art. 46 Cod. Tur.
- LIMITS OF COMPENSATION
The compensation referred to in Articles 44, 45 and 47 of the Tourist Code and the related statute of limitations, are governed by what is provided for therein and in any case within the limits established , by the C.C.V., .by the International Conventions governing the services that are the subject of the tourist package as well as by Articles 1783 and 1784 of the Civil Code.
- OBLIGATION OF CARE
The organizer is obliged to provide the measures of assistance to the tourist in accordance with the criterion of professional diligence with exclusive reference to the obligations incumbent on him or her by provision of law or contract. The organizer and the intermediary are exonerated from their respective responsibilities (Articles 15 and 16 of these General Conditions), when the non-execution or inexact execution of the contract is attributable to the tourist or was due to the fact of a third party of an unforeseeable or unavoidable character, or was caused by a fortuitous event or force majeure.
- COMPLAINTS AND GRIEVANCES
Any shortcomings in the performance of the contract must be challenged by the tourist during the enjoyment of the package by promptly filing a complaint so that the organizer, its local representative or tour leader will promptly remedy them. Failure to do so will result in damages being reduced or excluded in accordance with Article 1227 of the Civil Code. The tourist must also – under penalty of forfeiture – file a complaint by sending a registered letter,with return receipt, or other means that guarantees proof of receipt, to the organizer or intermediary, no later than ten working days from the date of return to the place of departure.
- INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is possible, and indeed advisable, to take out at the time of booking at the offices of the organizer or seller special insurance policies against expenses arising from the cancellation of the tourist package, any accidents and occurrences relating to the luggage carried. It will also be possible to take out an assistance contract covering the costs of repatriation in case of accidents, illness, fortuitous events and/or force majeure. The tourist will exercise the rights arising from such contracts exclusively against the stipulating Insurance Companies, under the conditions and in the manner provided by such policies.
- ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Pursuant to and with the effects of art. 67 Cod. Tur. the organizer may propose to the tourist – in the catalog, on its website or in other forms – ways of alternative resolution of disputes that have arisen . In this case the organizer will indicate the type of alternative resolution proposed and the effects that such adherence entails.
- GUARANTEE FUND (Art. 51 Tourist Code).
The National Guarantee Fund established to protect consumers who have contracts, provides for the following needs in case of insolvency or declared bankruptcy of the intermediary or organizer:
- (a) Refund of the price paid;
- (b) repatriation in the case of foreign travel.
The Fund must also provide immediate economic availability in case of forced return of tourists from non-EU countries during emergencies attributable or not attributable to the behavior of the organizer. The modalities of intervention of the Fund are established by the Prime Ministerial Decree of 23/07/99, No. 349, and applications for reimbursement to the Fund are not subject to any time limit. The organizer and the intermediary contribute to this Fund to the extent established by paragraph 2 of the aforementioned Article 51 of the Tourist Code through the payment of the compulsory insurance premium that it is required to take out, a portion of which is paid to the Fund in the manner provided for in Article 6 of Ministerial Decree 349/99.
ADDENDUM
GENERAL TERMS AND CONDITIONS OF THE CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES
- (A) REGULATORY PROVISIONS
Contracts having as their object the offer of only the transportation service, only the accommodation service, or any other separate tourist service, not being able to be configured as a negotiated case of travel organization or tourist package, are governed by the following provisions of the CCV: Art. 1, No. 3 and No. 6; Articles 17 to 23; Articles 24 to 31 (limited to those parts of these provisions that do not refer to the organization contract) as well as by the other agreements specifically referring to the sale of the individual service under contract. A seller who undertakes to procure an unbundled tourist service to a third party, including by electronic means, is obliged to issue the tourist with documents relating to this service, showing the amount paid for the service, and cannot in any way be considered a travel organizer.
- (B) CONTRACT CONDITIONS
The following clauses of the general terms and conditions of contracts for the sale of tourist packages listed above are also applicable to such contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of said clauses in no way determines the configuration of the relevant services as a tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, travel etc.) should therefore be understood with reference to the corresponding figures in the contract for the sale of individual tourist services (seller, stay etc.). Mandatory communication under Article 17 of Law No. 38/2006 Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad. Respect for children’s rights knows no borders
TECHNICAL DATA SHEET.
TECHNICAL ORGANIZATION: EVENTI NOMADI di Ivana Paolucci Registered office: Via Duccio di Buoninsegna, 22 – 00142 Rome, Italy Operational headquarters: Via Palermo 41 – 00184 Rome, Italy Tel. +39 347 576 4020 P.I.: 17353901006 Register of Companies of Rome PLCVNI67R66H501J Registration REA RM-1712708 SCIA 2024/30716 Professional Liability UnipolSAI Number 199301029 (in compliance with Art. 33 of Lazio Region Law 13/2007 of 06.08.2007 S.M.I.) GUARANTEES FOR TRAVELERS EX ART. 47 TOURISM CODE: Guarantee Fund AIAV – Italian Association of Travel Agents through IL SALVAGENTE Soc. Coop. a r.l. based in Corso Regio Parco, 15 – Torino 10152, C.F./P.I. 11573790018 (based on the provisions of Art. 47 of Legislative Decree No. 79/2011 as amended by Art. 1, paragraph 1, Legislative Decree No. 62 of May 21, 2018). PARAMETERS CALCULATION VARIATIONS COSTS PACKAGE
- The quotas for all travel proposals published on this site are in Euros.
- The reference exchange rate applied at the time of publication EUR/USD is 1Euro = 1.096 USD
- Currency fluctuations may involve services included in the tour package other than transportation (hotels, transfers, tours, etc.). This may involve, at the time of booking, adjustments from what is published on the fb page and posters, changes in transportation costs and fuel costs (Aviation Jet Fuel), as well as fees and taxes such as landing, embarkation and disembarkation fees at ports and airports, pursuant to and in accordance with the Code of For scheduled flights, an adjustment may be applied equal to that required by individual airlines. All price changes due to adjustment will be notified, by issuance of a new statement, no later than 21 days prior to the date of departure. Should the price change be more than 8% of the total cost of the package, the customer will have the right to withdraw from the contract without penalty charges.
DEPOSIT AND PAYMENTS At the time of booking, the Traveler must pay a deposit equal to at least 25% of the total cost of the trip plus registration fees and the cost of consular visas, if required. Further payment equal to 50% of the cost of the trip must be paid 60 days before departure, the balance 30 days before departure. If the reservation is made on a date later than the date, as determined above, scheduled for the balance of the price, the Traveler will make full payment at the same time as the reservation. Failure to pay the above amounts on the dates stipulated shall constitute an express termination clause such that the organization shall terminate the contract as of right. Payments made through Travel Agencies shall be considered perfected only when the sums are actually credited to the operator’s account or physically delivered to it. PENALTIES
- A member who cancels the trip/experience before departure will be charged the following as a penalty:
- Up to 90 days before departure the registration fee only;
- From the 90th day to the 60th day before departure 10% of the participation fee;
- From the 60th day to the 30th day before departure, 30% of the participation fee;
- From the 30th day to the 15th day before departure 50% of the participation fee;
- from the 15th day to the 7th day before departure 75% of the participation fee;
- From the 7th day to the day of departure 100% of the participation fee.
In no case will the registration fee, insurance fees, fuel surcharge costs (in case of airline ticketing) and the cost of any visa be reimbursed.
The above conditions may vary depending on the provider used which will be made explicit at the time of booking . - In the hypotheses described in the previous point, the Traveler (or whoever), under penalty of forfeiture, must bring to the attention of the organizers (agency and Tour Operator), no later than 3 days after the occurrence of the event and at least 24hrs before the scheduled time of departure, with a formal and reasoned written waiver of the trip specifying the circumstances of the event, their personal data and their contact information.
VALIDITY OF PROGRAMS
November 1, 2024 – October 31, 2025