GENERAL TERMS AND CONDITIONS FOR THE SALE OF TOURIST PACKAGES
1) LEGISLATIVE SOURCES
The sale of tourist packages, whether it relates to services to be provided in domestic or foreign territory, is governed by the Tourism Code (art. 32-51 novies) as amended by Legislative Decree 21 May 2018, no. 62 as well as by the provisions of the Civil Code on transport and mandate, as applicable.
2) NOTION OF TOURIST PACKAGE
The tourist package consists of the combination of at least two different types of tourist services such as:
1. the transport of passengers; 2. accommodation that is not an integral part of the transport of passengers and is not intended for residential purposes, or for long-term language courses; 3. the rental of cars, other motor vehicles pursuant to Ministerial Decree 28 April 2008 or motorbikes that require a category A driving licence, pursuant to Legislative Decree 16 January 2013, no. 4. any other tourist service that does not constitute an integral part of one of the tourist services referred to in numbers 1, 2, 3, and is not a financial or insurance service for the purposes of the same trip or holiday, if at least one of the following conditions occurs:
1. These services are combined by a single professional, including at the request of the traveller or in accordance with a selection, before a single contract is concluded for all the services;
2. Such services, even if concluded under separate contracts with individual suppliers, are: 2.1 purchased from a single point of sale and selected before the traveller consents to payment; 2.2 offered, sold or invoiced at a flat rate or inclusive price; 2.3 advertised or sold under the name "package" or similar denomination; 2. 4 combined after the conclusion of a contract whereby the trader allows the traveller to choose from a selection of different types of tourist services or purchased from separate traders through related online booking processes whereby the name of the traveller, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more other traders and the contract with the latter trader(s) is concluded no later than 24 hours after confirmation of the booking of the first tourist service.
3. MANDATORY INFORMATION - DATA SHEET
Before the conclusion of the tourist package contract, the organiser or the seller communicates to the traveller, either by means of what is published in the catalogue in the pages relating to the chosen destination, or by means of a quotation or other means of information in the case of out-of-catalogue travel, the following information
(a) the main characteristics of the tourist services, such as:
1. the destination(s) of the trip, the itinerary and periods of stay with dates and, if accommodation is included, the number of nights included;
2. the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and location of intermediate stops and connections; if the time is not yet fixed, the organiser and, where appropriate, the seller, will inform the traveller of the approximate time of departure and return; the name of the carrier which will operate your flight(s) at the times and in the manner provided for by art. The name of the carrier that will operate your flight(s) at the times and in the manner provided for by art. 11 of EC Reg. 2111/2005 and its possible operating ban in the European Union is indicated on the confirmation sheet; any changes will be communicated to you promptly, in accordance with EC Reg. 2111/2005;
3. the location and main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
4. the meals provided included or not
5. visits, excursions or other services included in the agreed price of the package
6. the tourist services provided to the traveller as a member of a group and, if so, the approximate size of the group
7. the language in which the services are provided;
8. whether the journey or holiday is suitable for persons with reduced mobility, this will be indicated in the catalogue or, for journeys outside the catalogue, this will be indicated at the request of the customer and, at the request of the traveller, precise information on the suitability of the journey or holiday taking into account the needs of the traveller;
b) the trade name and geographical address of the organiser and, where applicable, of the seller, their telephone numbers and e-mail addresses;
c) the total price of the tourist package including taxes and all duties, levies and other additional costs, including possible administrative and handling costs, or, where these are not reasonably calculable or prior to the conclusion of the contract, an indication of the kind of additional costs that the traveller may still incur
(d) the method of payment, including the amount or percentage of the price to be paid as an advance payment, if any, and the schedule for payment of the balance, or the financial guarantees to be paid or provided by the traveller
(e) the minimum number of persons required for the package and the deadline referred to in Article 41(5)(a) before the beginning of the package for the possible termination of the contract if the number is not reached
f) general information on passport and/or visa requirements, including approximate times for obtaining visas and health formalities in the country of destination;
g) information on the traveller's right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal fees or, if applicable, the standard withdrawal fees required by the organiser pursuant to Article 41, paragraph 1 of Legislative Decree 62/2018;
(h) information on the optional or compulsory subscription of insurance covering the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death;
(i) the details of the cover referred to in Article 47, paragraphs 1, 2, 3 D. Lgs 62/2018.
1. Master Group S.r.l. - VAT NO: IT02175870803 - REA Nr. 152543 - Licence Nr. 13-RC;
2. Proposed validity from 01/01/2021 to 31/12/2021;
3. The validity of the fees is indicated in each proposed destination and are expressed in €uro.
4. Europe Assistance liability insurance policy no. 4015759;
5. Guarantee fund for tourists "FONDO VACANZE FELICI S.c.a.r.l.". C.F. & P.IVA: 09566380961 Registered office: Via Larga n.6 - Milan Operating office: Via Vittor Pisani n. 12/A - Milan.
For the purposes of this contract the following definitions apply
a) professional, any public or private natural or legal person who, as part of his or her commercial, industrial, artisan or professional activity in organised tourism contracts, acts, also through another person acting in his or her name or on his or her behalf, as an organiser, seller, professional facilitator of related tourist services or supplier of tourist services, in accordance with the regulations in force; b) organiser, a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the traveller to another professional; c) seller means the professional, other than the organiser, who sells or offers for sale packages combined by an organiser; d) traveller means any person who intends to conclude a contract, or who concludes a contract or is authorised to travel on the basis of a contract concluded within the scope of the law on contracts for organised tourism; e) establishment means the establishment defined in Article 8 letter e) of Legislative Decree 26 March 2010, no. 59; f) durable medium means the establishment defined in Article 8 letter e) of Legislative Decree 26 March 2010, no. 59; g) establishment means the establishment defined in Article 8 letter e) of Legislative Decree 26 March 2010, no. 59. 59; f) durable medium means any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the identical reproduction of the information stored; g) unavoidable and extraordinary circumstances means a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken; h) lack of conformity means a non-performance of the tourist services included in the package; i) point of sale means any premises, movable or immovable, used for retail sale or retail website or similar online sales tool, even where retail websites or online sales tools are presented as a single tool, including telephone service; l) repatriation means the return of the traveller to the place of departure or to another place agreed upon by the contracting parties.
When the proposal for the purchase of the tourist package is signed and the booking is confirmed, the following must be paid
a) the practical management fee (see point 6 below);
b) if the booking is confirmed at least 30 days prior to departure, a deposit of 30% of the price of the tourist package or of the individual service as indicated and in consideration of the possible need for immediate payment of certain services included in the tourist package.
The balance must be paid at least 15 days before the planned departure, or at the same time as signing the purchase proposal, if this is done in the 30 days prior to departure. The non-payment of the above-mentioned sums by the traveller or the non-payment of the same by the intermediary agency, the traveller's agent, to the organiser, on the established dates, constitutes an express termination clause such as to determine the termination of the contract, with the consequent application of the penalties foreseen by art. 7, and this also in the case in which the organiser has sent the traveller the legitimisation documents (so-called vouchers) or the transport documents. The relative communication, if coming from the organiser, will be sent to the traveller at the agency.
For sales made through specific commercial channels or for specific types of travel packages, the payment policies may be different and will be specified accordingly.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalogue or programme not included in the catalogue and any updates of the same catalogues or programmes not included in the catalogue that may subsequently have been made, or on the Operator's website.
It may be varied, either upwards or downwards, only as a result of changes in
- transport costs, including fuel costs;
- fees and taxes relating to air transport, 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 rate and prices in force on the date of publication of the programme, as reported in the catalogue data sheet, or on the date reported in any updates published on the websites.
In any case, the price may not be increased in the 20 days preceding departure and the revision may not exceed 8% of the original price.
In the event of a decrease in price, the organiser is entitled to deduct the administrative and management costs of the actual paperwork from the refund due to the traveller, of which he is obliged to provide proof at the request of the traveller.
The price consists of:
a) practice management fee - For each hotel booking the organiser is owed the sum of Euro 20.00 per person; for children up to 2 years of age the fee is free, from 2 to 12 years of age 50% reduction. The practice management fee includes Nobis "Easy Trip" insurance - Medical Expenses + Baggage + Covid. The guarantees considered by the policy and the relative conditions are contained in full in the Insurance Certificate which will be delivered together with the other travel documents before departure.
b) participation fee: expressed in the catalogue or in the quotation of the package provided to the intermediary or the traveller;
c) cost of any insurance policies against the risks of cancellation and/or medical expenses or other services required (optional and at the request of the client);
d) cost of any visas and entry and exit taxes from the holiday destination countries.
e) airport and/or port charges and taxes.
7) WITHDRAWAL OF THE TRAVELLER
1. If, before the beginning of the package, the organiser is forced to significantly modify one or more of the main characteristics of the tourist services referred to in Art. 34, paragraph 1, letter a) of the Tourism Code, or cannot satisfy the specific requests made by the traveller and accepted by the organiser, or proposes to increase the price of the package by more than 8%, the traveller may withdraw from the contract, without paying any penalty. In the above cases, the traveller may:
a) accept the alternative proposal where formulated by the organiser;
b) request the refund of the amounts already paid. This restitution must be made within 14 days from the withdrawal from the contract.
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 effect on the execution of the package or on the carriage of passengers to the destination, the traveller has the right to withdraw from the contract, before the beginning of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but has no right to additional compensation.
If the traveller is unable to take advantage of the holiday, this does not legitimise withdrawal without penalty, as provided for by law, since the traveller can insure himself against the economic risk connected with the cancellation of the contract by taking out an insurance policy, where this is not provided for by the organiser.
3. In the event of cancellation of the contract by the traveller before departure, for any reason, even unforeseen and unexpected, outside of the cases listed in the first paragraph or those provided for in art. 7 paragraph 1, a penalty will be charged regardless of the payment of the deposit referred to in art. 5, paragraph 1. The amount of the penalty shall be quantified by adding: the management fee of the file and the insurance premiums and the following percentages of the quota of the services booked (the calculation of the days does not include that of the withdrawal, which must be communicated at least one working day before the start of the trip):
- From the day after booking up to 30 days before departure - 10%;
- From 29 to 20 days before departure - 30%;
- From 19 to 10 days before departure - 50%;
- From 9 to 4 days before departure - 75%;
- From 3 to 0 days before departure and for the "noshow" - 100%.
4. Some services may be subject to different penalties, which will be communicated at the time of booking.
5. In the case of pre-established groups these amounts may be agreed on a case by case basis.
6. The organiser may withdraw from the tourist package contract and offer the traveller a full refund of the payments made for the package, but is not obliged to pay additional compensation if (a) the number of persons enrolled in the package is less than the minimum provided for in the contract and the organiser communicates the withdrawal from the contract to the traveller within the time limit set out in the contract and in any case not later than twenty days before the beginning of the package in the case of trips lasting more than six days, seven days before the beginning of the package in the case of trips lasting between two and six days, forty-eight hours before the beginning of the package in the case of trips lasting less than two days; b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveller without unjustified delay before the beginning of the package.
7. The organiser shall make all the refunds prescribed in accordance with paragraphs 2 and 6 without unjustified delay and in any case within 14 days of the withdrawal. In the aforementioned cases, the cancellation of functionally connected contracts stipulated with third parties is determined.
8. In the case of off-premises contracts, the traveller has the right to withdraw from the tourist package contract within a period of five days from the date of the conclusion of the contract or from the date on which he/she receives the contractual conditions and the preliminary information, if later, without any penalty and without giving any reason. In the case of offers with significantly lower rates than competing offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the change in price, adequately highlighting the exclusion of the right of withdrawal.
8) CHANGES BEFORE DEPARTURE BY THE TRAVELLER
Changes requested by the traveller to bookings that have already been accepted do not oblige the organiser in cases where they cannot be fulfilled.
In any case, any request for a change will result in the customer being charged a fixed amount of at least € 50.00 per person, as administrative costs, plus the following percentages of the participation fee (service fee), calculated according to how many days before the scheduled departure of the trip the change was requested:
For changes to the destination and/or hotel complex and/or departure date and/or decrease in length of stay and/or number of participants, the penalty percentages stated in point 3 of Article 7 above shall be considered.
9) MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE BY THE ORGANISER
1. The organiser reserves the right to unilaterally modify the conditions of the contract, other than the price, if the modification is of minor importance. The communication is made clearly and precisely through a durable medium, such as e-mail.
2. If, before the beginning of the package, the organiser is forced to significantly modify one or more of the main characteristics of the tourist services referred to in Art. 34, paragraph 1, letter a) of the Tourism Code, or cannot satisfy the specific requests made by the traveller and accepted by the organiser, or proposes to increase the price of the package by more than 8%, the traveller may accept the proposed modification or withdraw from the contract, without paying any penalty.
3. In the event of withdrawal, the organiser may offer the traveller a replacement package of equivalent or superior quality.
4. The organiser shall inform the traveller without unjustified delay in a clear and precise manner on a durable medium of the proposed changes and their effect on the price of the package.
5. The traveler shall communicate his decision to the organizer or the intermediary within two working days from the time he receives the notification of the change.
6. If the changes to the tourist package contract or to the replacement package referred to in paragraph 2 result in a package of a lower quality or cost, the traveller shall have the right to an appropriate reduction in the price.
7. In the case of withdrawal from the tourist package contract in accordance with paragraph 2, and if the traveller does not accept a replacement package, the organiser shall reimburse, without unjustified delay and in any case within 14 days from the withdrawal from the contract, all the payments made by or on behalf of the traveller and shall be entitled to compensation for the non-performance of the contract, except in the following cases a) there is no compensation deriving from the cancellation of the tour package when the cancellation of the same depends on the failure to reach the minimum number of participants that may have been requested; b) there is no compensation deriving from the cancellation of the tour package when the organiser demonstrates that the lack of conformity is attributable to force majeure and fortuitous event; c) there is also no compensation deriving from the cancellation of the tour package when the organiser demonstrates that the lack of conformity is attributable to the traveller or to a third party unrelated to the provision of tourist services included in the tour package contract and is unforeseeable or unavoidable.
8. For cancellations other than those mentioned in paragraph 7 letters a), b) and c), the organiser who cancels will refund the traveller a sum equal to double the amount paid by the latter and effectively cashed by the organiser, through the travel agent.
9. The sum to be refunded will never be more than double the amounts that the traveller would owe on the same date according to art. 7, 3rd paragraph, if he were to cancel.
10) LIABILITY OF THE ORGANIZER FOR INADEQUATE PERFORMANCE AND IMPOSSIBILITY IN THE COURSE OF PERFORMANCE - OBLIGATIONS OF THE TRAVELER - TIMELINESS OF THE COMPLAINT
1. The organizer is responsible for the execution of the tourist services foreseen by the tourist package contract, independently from the fact that such tourist services must be provided by the organizer himself, by his auxiliaries or persons in charge when they act in the exercise of their functions, by third parties whose work he uses or by other suppliers of tourist services according to article 1228 of the civil code.
2. The traveller, in compliance with the obligations of correctness and good faith pursuant to articles 1175 and 1375 of the civil code, informs the organiser, directly or through the seller, in a timely manner, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service envisaged in the contract of sale of a tourist package.
3. If one of the tourist services is not performed as agreed in the tourist package contract, the organizer shall remedy the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defects. If the organiser does not remedy the defect, the traveller has the right to a reduction in the price as well as to compensation for the damage he has suffered as a result of the lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of the tourist services or is of an inevitable or unforeseeable nature or due to extraordinary and unavoidable circumstances.
4. Subject to the exceptions mentioned above, if the organiser does not remedy the lack of conformity within a reasonable period fixed by the traveller in the complaint made in accordance with paragraph 2, the latter may remedy the defect himself and claim reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if it is necessary to undertake an immediate remedy there is no need for the traveller to specify a time limit.
If a lack of conformity constitutes a non-fulfilment of not insignificant importance and the organiser has not remedied it with the timely notification made by the traveller, in relation to the duration and the characteristics of the package, the traveller can terminate the contract with immediate effect, or request - if necessary - a reduction in the price, without prejudice to any compensation for damages.
If, after departure, the organiser finds it impossible to provide, for any reason other than the traveller's own fault, an essential part of the services foreseen in the contract, he must provide suitable alternative solutions for the continuation of the planned trip that do not involve charges of any kind to be borne by the traveller, or reimburse the latter within the limits of the difference between the services originally foreseen and those provided. The traveller may only reject the proposed alternative arrangements if they are not comparable with those agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or if the solution provided by the organiser is rejected by the traveller because it is not comparable with what was agreed in the contract or because the price reduction granted is inadequate, the organiser will provide, without any extra charge, a means of transport equivalent to the original one planned for the return to the place of departure or to another place possibly agreed, subject to availability of means and places, and will reimburse the traveller to the extent of the difference between the cost of the services originally planned and those provided up to the time of the early return.
The traveller, subject to prior notice given to the organiser on a durable medium no later than seven days before the start of the package, may transfer the tourist package contract to a person who meets all the conditions for the use of the service. The transferor and the transferee of the tourist package contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and handling costs resulting from such transfer. The organiser shall inform the transferor of the actual costs of the assignment, which shall not exceed the costs actually incurred by the organiser as a result of the assignment of the package tour contract, and shall provide proof of the rights, taxes or other additional costs resulting from the assignment of the contract. In the case of a travel contract with air transport for which tickets have been issued at a concessionary and/or non-refundable rate, the transfer may entail the issue of a new air ticket at the rate available on the date of the transfer.
12) OBLIGATIONS OF THE TRAVELLER
Without prejudice to the obligation to promptly notify the lack of conformity, as provided for in Article 11 paragraph 2, travellers must comply with the following obligations:
Travellers are obliged to inform the intermediary and the organiser of their citizenship, if different from Italian citizenship, and must be in possession of an individual passport or other document valid for all the countries involved in the itinerary, as well as residence and transit visas and any health certificates that may be required. Foreign citizens will find the corresponding information through their diplomatic representations in Italy and/or their respective official government channels. Tourists must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries to which they are travelling, with all the information provided to them by the organiser, as well as with the regulations and administrative or legislative provisions relating to the tourist package. Tourists will be called upon to answer for all damages that the organiser may suffer due to their failure to comply with the aforementioned obligations, including repatriation costs. The traveller is obliged to provide the organiser with all the documents, information and elements in his possession useful for the exercise of the latter's right of subrogation against third parties responsible for the damage and is responsible towards the organiser for the prejudice caused to the right of subrogation. The traveller will also inform the organiser in writing, at the time of booking, of any special personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them. The traveller is always obliged to inform the intermediary and the organiser, before the conclusion of the contract, of any of his or her particular needs or conditions (pregnancy, food intolerances, disabilities, etc.), signing at the same time the consent to the processing of sensitive data, and to explicitly specify the request for related personalised services. Without this consent, it will not be possible to fulfil the contractual obligations. Particular requests made after the conclusion of the contract do not bind the organiser to its implementation, the contract being already completed as shown on the statement of account.
In any case, prior to departure, tourists will check with the competent authorities (for Italian citizens, the local police headquarters or the Ministry of Foreign Affairs via the website www. viaggiaresicuri.it or the Operations Centre by telephone on 06 491115) for official information of a general nature regarding the country of destination - including information regarding the socio-political security situation, health and climate and the documents required for access by Italian citizens. Since this information is subject to changes and updates, the traveller will - by consulting these sources - verify the officially expressed wording before proceeding with the purchase of the travel package. In the absence of such verification, no responsibility for the non-departure of one or more tourists can be attributed to the intermediary or organiser.
The above-mentioned information is not contained in the T.O. catalogues - online or on paper - since they contain general descriptive information as indicated in art. 38 of the Tourism Code and since they are temporarily changeable. This information must therefore be taken into account by the Tourists.
If, on the date of booking, the chosen destination appears, through institutional information channels, to be subject to a warning (special warning) for security reasons, the Traveller who subsequently exercises his or her right of withdrawal may not invoke, for the purposes of exemption or reduction of the claim for compensation for the withdrawal made, the lack of contractual cause related to the security conditions of the country.
13) HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalogue or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the countries, also members of the EU, to which the service refers, the organiser reserves the right to provide in the catalogue or brochure or on its website, its own description of the accommodation, such as to allow an evaluation and consequent acceptance of the same by the tourist.
14) LIABILITY REGIME
The organiser is liable for damages caused to the traveller as a result of the total or partial non-fulfilment of the services contractually due, whether these are carried out by him personally or by third party service providers, unless he proves that the event is due to the traveller (including initiatives taken independently by the latter during the execution of the tourist services) or to circumstances extraneous to the provision of the services foreseen in the contract, to fortuitous events, force majeure, or circumstances that the organiser 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 for the obligations arising from the organisation of the trip, but is exclusively responsible for the obligations arising from his or her capacity as intermediary and for the execution of the mandate given to him or her by the traveller, as specifically provided for by article 50 of the Tourism Code including the guarantee obligations as per article 47.
15) LIMITS OF COMPENSATION AND PRESCRIPTION
1. Compensation for damages deriving from the non-execution or inexact execution of the services constituting the tourist package and the relative limitation periods are governed by art. 43 - 46 of the Tourism Code and in any case within the limits established by the International Conventions that govern 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 damages that are not subject to a fixed limit.
2. The right to a reduction in price or compensation for damages for changes to the tourist package contract or to the replacement package, is prescribed in two years from the date of the traveller's return to the place of departure.
3. The right to compensation for personal injury shall be time-barred after three years from the date of the return of the passenger to the place of departure or within the longer period provided for compensation for personal injury by the provisions governing the services included in the package.
16) OBLIGATION OF ASSISTANCE
The organiser provides adequate assistance without delay to the traveller in difficulty, also in the circumstances referred to in article 42, paragraph 7 of the Tourism Code, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and assisting the traveller in making long-distance communications and helping him to find alternative tourist services.
The organiser may charge a reasonable fee for such assistance if the problem is caused intentionally by the traveller or through his fault to the extent of the expenses actually incurred.
17) POSSIBILITY OF CONTACTING THE ORGANISER THROUGH THE SELLER
1. The traveller may address messages, requests or complaints relating to the performance of the package directly to the seller through whom he has purchased it, who, in turn, will forward them promptly to the organizer.
2. For the purposes of complying with the time limits or periods of limitation, the date on which the seller receives the messages, requests or complaints referred to in the preceding paragraph shall be deemed to be the date of receipt also for the organizer.
18) INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
If not expressly included in the price, it is possible and advisable, at the time of booking at the offices of the organiser or the seller, to stipulate special insurance policies against the costs of cancellation of the package, accidents and/or illness that also cover the costs of repatriation and for the loss and/or damage of luggage.
The rights arising from the insurance contracts must be exercised by the traveller 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 catalogues or displayed in the brochures made available to Travellers at the time of departure.
19) GUARANTEES TO THE TRAVELLER
1. The organiser and the seller established in Italy are covered by a civil liability insurance contract in favour of the traveller for the compensation of damages deriving from the violation of the respective obligations assumed with the respective contracts.
2. The contracts for the organisation of package tours are covered by insurance policies or bank guarantees which, for journeys abroad and journeys taking place within a single country, including journeys in Italy, in the event of insolvency or bankruptcy of the organiser or the seller guarantee, without delay at the request of the traveller, the refund of the price paid for the purchase of the package and the immediate return of the traveller in the event that the package includes the transport of the traveller, as well as, if necessary, the payment of board and lodging before the return. As an alternative to the reimbursement of the price or immediate return, the traveller may be offered the continuation of the package in the manner set out in Articles 40 and 42 of the Tourism Code.
3. The same guarantees shall be provided by professionals facilitating linked tourist services for the reimbursement of all payments they receive from travellers, insofar as a tourist service that forms part of a linked tourist service is not carried out due to the insolvency or bankruptcy of the professionals.
GENERAL TERMS AND CONDITIONS OF THE CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts offering only the transport service, only the accommodation service, or any other separate tourist service, cannot be considered as a negotiated case of organisation of travel or tourist package and therefore do not enjoy the protection provided by European Directive 2032/2015.
A seller who undertakes to procure an unbundled tourist service for third parties, including by electronic means, is required to issue the traveller with the documents relating to this service, showing the amount paid for the service, and cannot be considered a travel organiser.
Obligatory communication ex art. 17 L. 38/2006 "Italian law punishes with imprisonment crimes concerning
prostitution and child pornography, even if committed abroad".