CONTENT OF THE SALE CONTRACT FOR TOURIST PACKAGES
General Terms and Conditions are part of the travel contract, together with the description of the travel package and the booking confirmation of the services requested by the guest/traveler. When the guest/traveler confirms the purchase of the travel package, he or she has accepted, even on behalf of those who will participate in the travel, both the present General Terms and Conditions and any other advice reported in them.
1. LEGISLATIVE SOURCES
The sale of tourist package regarding services to be provided both within national boundaries and abroad is governed – until its repeal by art. 3 of D. Leg. 79 of 23 May 2011 (the “Tourism Code”) – by L.27/12/1977 no. 1084 ratifying and implementing the International Convention relative to travel contracts (CCV) signed in Brussels on 23.4.1970 – as applicable – as well as by the Tourism Code (art. 32-51) and its subsequent amendments and by the Civil code if applicable. The contract is also governed by these General Terms and Conditions, by the clauses indicated in the catalogue, in the information leaflet and in the travel documentation delivered to the customer. The description of the tourist package forming the subject matter of the contract is to be found in the catalogue, on the web site and/or the information leaflet.
The organizer and the seller of the tourist package, to whom the tourist applies, must be authorized to carry out their services in accordance with the applicable administrative regulations, even regionally. Before the conclusion of the contract, the Organiser and the seller make known to third parties the insurance policy for the coverage of risks deriving from professional civil liability as well as the details of the guarantee against risks of insolvency or bankruptcy of the organiser and seller. Each within its competence, for the purpose of returning the paid sum or to take the traveler back to the place of departure, in cases where transport service is included in the tourist package.
In accordance with this contract the following are understood as:
- traveler: anyone who intends to conclude a contract, or stipulates a contract, or is authorised to travel on the basis of a contract concluded, within the scope of the law on organised tourism contracts;
- professional: any natural or legal public or private person who, in the context of their commercial, industrial, craft or professional activity in organised tourism contracts, also acts, through another person acting on their behalf or on their account, as an organiser, seller, professional facilitating related tourist services or tourism service provider, in accordance with the legislation referred to in the Tourism Code;
- organiser: a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the traveler to another professional;
- seller: the professional, other than the organiser, who sells or offers for-sale packages combined by an organiser;
4. NOTION OF TOURIST PACKAGE
The tourist package is the combination of at least two different types of tourist services, such as: 1. passenger transport; 2. accommodation which is not an integral part of passenger transport and is not intended for residential purposes or for long-term language courses; 3. car rental, other vehicles or motor vehicles requiring a category A driving licence; 4. any other tourist service which does not form an integral part of one of the tourist services referred to in numbers 1), 2) or 3), and is not a financial or insurance service, for the purposes of the same trip or holiday, if at least one of the following conditions is verified:
1) these services are combined by a single professional, even at the request of the traveler or in accordance with their selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual suppliers, are:
2.1) purchased at a single point of sale and selected before the traveler consents to payment;
2.2) offered, sold or billed at a flat or global price;
2.3) advertised or sold under the designation “package” or similar name;
2.4) combined after the conclusion of a contract with which the trader allows the traveler to choose between a selection of different types of tourist services or services purchased from different professionals.
5. COMPULSORY INFORMATION – TECHNICAL SHEET
Before the conclusion of the tourist package contract, the organiser or the retailer shall communicate the following information to the traveler, 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 information tool in the case of non-catalogue travel:
a) the main characteristics of the tourist services, such as:
- the travel destination(s), the itinerary and periods of stay, with relevant dates and, if accommodation is included, the number of nights included;
- the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and places of intermediate stops and transport connections; if the time has not yet been established, the organiser and, where applicable, the retailer, shall inform the traveler of the approximate time of departure and return; the name of the carrier that will carry out your flight(s) within the time limits and in the manner provided for in Article 11 of Reg. (EC) No 2111/2005 and its possible operating ban within the European Union is indicated in the confirmation sheet; any changes will be communicated to the traveler in a timely manner, in compliance with Reg. (EC) No 2111/2005;
- the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
- the meals provided, whether or not they are included;
- Visits, excursions or other services included in the price agreed for the package;
- tourist services provided to the traveler as part of a group and, in this case, the approximate size of the group;
- the language in which the services are provided;
- if the trip or the holiday is suitable for persons with reduced mobility, an indication of this will be given in the catalogue or, for non-catalogue trips, following a request by the customer and, upon the traveler’s request, precise information will be given on the suitability of the trip or holiday that takes into account the traveler’s needs;
b) the trading name and geographical address of the organiser and, where applicable, of the retailer, their telephone numbers and e-mail addresses;
c) the total price of the package holiday inclusive of taxes and all additional fees, charges and other costs, including any administrative and handling costs, or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveler may still have to bear;
d) the arrangement for payment, including any amount or percentage of the price to be paid as a down payment and the timetable for payment of the balance, or the financial guarantees which the traveler is required to pay or provide;
e) the minimum number of persons required for the package and the time-limit, referred to in Article 41(5)(a), before the start of the package for the possible termination of the contract if that number is not reached;
f) general information on passport and/or visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
g) information on the traveler’s right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs or, if envisaged, the standard withdrawal costs required by the organiser in conformity with Article 41 of the Tourism Code;
h) information on optional or compulsory insurance to cover the cost of unilateral termination of the contract by the traveler or the cost of assistance, including repatriation, in the event of accident, illness or death;
i) details on the insurance cover referred to in Article 47, paragraph 1, 2, 3 of Italian Legislative Decree 62/2018.
- Reservation requests should be drawn up using the proper contract form, in electronic format if applicable, filled-in in all parts and signed by the traveler who will be supplied with a copy. The acceptance of the reservation is understood to be confirmed, and the contract effective, only when the organizer sends official confirmation, also in the form of telematic data, to the traveler through the seller travel agency. Before the departure the seller will supply information concerning the tourist package, not included in the contract documents, in the leaflets and/or under different form of written advice, as regulated by art. 36, paragraph 8 of the Tourism Code.
- Special requests regarding the offering and/or execution of services included in the package, included special care for people with reduced mobility or special meal requests, will have to be specified prior to conclusion of the contract.
- In the case of off-premises contracts, the traveler is entitled to terminate the package travel contract within a period of five days from the date of conclusion of the contract or from the date of receiving the contractual conditions and preliminary information, if later, without penalty and without giving any reason.
Upon signing the package holiday purchase offer, the following shall be paid:
a) the individual fixed handling fee (see Art. 8)
b) confirmation deposit of the package holiday published on the catalogue or on the quotation supplier by the organizer. Down payment on the price of the package holiday to the extent indicated by the organiser or the retailer, in any case not less than 25%, and in consideration of the possible need for immediate payment for some services included in the package holiday. The balance shall be paid at least 30 days before the scheduled departure, or at the time of signing the purchase offer, if this is carried out in the 30 days prior to departure. Non-payment of the aforesaid amounts by the traveler or non-payment of the same by the seller agency, the traveler’s agent, to the organiser, on the set dates, constitutes an express termination clause such as to bring about lawful termination, with consequent application of the penalties provided for, and this also in the case where the organiser has sent the vouchers or tickets to the traveler. The relevant communication, if it comes from the organiser, will be sent to the traveler, care of the agency.
The price of the packages in the catalogue is expressed in Euro and it is set out in the contract, with reference to what is indicated in the catalogue or on the organiser’s website, or in the non-catalogue/tailor-made programme and any updates to these catalogues or non-catalogue programmes that may subsequently have occurred, or on the operator’s website.
It may be changed up to 21 days prior to departure and only as a consequence of changes in, or additions to, the following.
a) The price of the carriage of passengers resulting from the cost of fuel or other energy sources.
b) The level of fees and taxes on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including landing taxes or embarkation or disembarkation fees at ports and airports.
c) Exchange rates relevant to the package in question.
For these changes, reference will be made to the exchange rates and prices in force on the date of publication of the programme, as shown in the technical data sheet of the catalogue, or of the tailor-made travel offer, or on the date shown in any updates published on the website. In the event of a reduction in price, the organiser is entitled to deduct the actual administrative and handling costs from the refund owed to the traveler, of which he is required to provide proof at the traveler’s request.
The price of the package consists of:
a) registration fee or handling fee;
b) participation fee: expressed in the catalogue or in the quotation of the non-catalogue/tailor-made package supplied to the seller or traveler;
c) cost of any insurance policies against the risk of cancellation and/or medical expenses or other requested services;
d) cost of any visas and fees for entering and leaving the holiday destination countries;
e) port or airport taxes and charges;
9. MODIFICATION OR CANCELLATION OF A TOURIST PACKAGE PRIOR TO DEPARTURE
- The Organizer reserves the right to unilaterally change the conditions of the contract, other than the price, if the change is insignificant. Communication is carried out clearly and precisely through a durable medium, such as e-mail.
- If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services, or cannot fulfil the specific requests expressed by the traveler and accepted by the organiser or proposes to increase the price of the package by more than 8%, the traveler may accept the proposed change or terminate the contract, without paying any penalties. In the event of termination, the organiser may offer the traveler a substitute package of an equivalent or higher quality.
- The organiser will inform the traveler without undue delay in a clear and precise manner on a durable medium of the proposed changes and their impact on the price of the package. The traveler must inform the organiser or seller of his decision within two working days of receiving notification of changes.
- If the changes to the package travel contract, or to the substitute package referred to, result in a package of lower quality or cost, the traveler will be entitled to an appropriate price reduction.
- In the event of termination of the package travel contract pursuant, and if the traveler does not accept a substitute package, the organiser must refund all payments made by or on behalf of the traveler without undue delay and in any event not later than 14 days after the contract is terminated, and is entitled to be compensated for non-performance of the contract, except in the cases mentioned below:
10. TRAVELER WITHDRAWAL
- In the event of termination of the contract by the traveler before departure, for any reason, even unexpected and arising suddenly, a penalty will be charged irrespective of payment of the down payment.
- The contract may impose reasonable standard penalties for cancellations, calculated on the time of cancellation.
- In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which significantly affect the performance of the package or the carriage of passengers to the destination, the traveler is entitled to terminate the contract before the start of the package, without paying any termination fee, and to a full refund of any payments made for the package, but is not entitled to additional compensation.
- The occurrence of an inability by the traveler to have the holiday does not justify termination without penalties, provided for by law, since the traveler can obtain protection against the financial risk associated with cancellation of the contract by taking out a suitable insurance policy, where not obligatorily provided for by the organiser.
- The organiser may terminate the package travel contract and offer the traveler a full refund of the payments made for the package, but is not obliged to pay additional compensation if:
- the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveler of the termination of the contract within the period fixed in the contract but not later than 20 days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, 48 hours before the start of the package in the case of trips lasting less than two days;
- the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveler of the termination of the contract without undue delay before the start of the package.
- The organiser will provide all refunds required in accordance with above paragraphs without undue delay and in any case within 14 days of termination. In the above cases, the functionally linked contracts entered into with third parties are terminated.
- The traveler who cannot take part in the reserved tour has the right to transfer his reservation to another person, provided that such person satisfies the specific requirements relating to the services of the contract after having informed in writing the tour operator and the vendor within at least 7 days before the scheduled date for the departure.
- The transferor and the transferee are responsible for the payment of the total price, as well as for any additional costs caused by said substitution.
- The organizer informs the transferor of the actual costs of the substitution and that the services themselves, or other replacement services, can be provided
- The substitute refunds the seller for all extra expenses borne to perform the substitution, which will be communicated to him/her prior to assignment. In any case, the travelers who request any variation to a closed practice, provided this variation is possible and accepted, will pay a fixed amount.
12. TRAVELER OBLIGATIONS
- During the negotiations, and at any rate before the completion of the contract, Italian travelers are provided with general written information – valid when the catalogue was published – relative to the health obligations and to the documentation necessary for expatriating.
- Regulations regarding the expatriating of children are clarified by Polizia di Stato -http://www.poliziadistato.it/articolo/191/.
- Foreign citizens must apply for equivalent information through their diplomatic representatives based in Italy and/or through their official government information channels. In any case, tourists must, prior to departure, ensure such information is valid with an enquiry addressed to the relative enforcement bodies (for Italian citizens the local Police Headquarters or the Department of Foreign Affairs – website www.viaggiaresicuri.it – Call Centre tel. no. 06.491115), acknowledging any change prior to the trip. The seller or the seller shall not be liable for failed departure of one or more tourist in the case that such check is not performed.
- Travelers must inform the seller and the organizer about their citizenship and, on departure, finally check that they are carrying their vaccination certificates, their own passport and any other document valid in all the Countries included in the itinerary, as well as the stay and transit visas, and any required health certificates.
- In any case, before departure, tourists must check with the competent authorities (for Italian citizens, the local police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Centre at number 06 491115) for official information of a general nature regarding the country of destination, including information on the socio-political security situation, health, weather and climate and the documents required for access. Since these data are subject to changes and updates, the traveler must consult these sources to check their official wording before proceeding to purchase the package holiday. In the absence of such verification or in the event of an error, no liability for any missed departure by one or more tourists can be attributed to the seller or the organiser. The above information is not contained in T.O. catalogues – online or on paper – since they contain descriptive information of a general nature and because they change over time. The same shall therefore be assumed by the Tourists, with express exemption from all liability of the Organiser, and any objection and/or claim against the same removed and waived as of now.
Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organizer and the rules, administrative or legal instructions pertaining to the tourist package. Tourists will be liable for any damage or costs which the seller and/or the organizer may suffer also as a result of failure to comply with the above-mentioned obligations, including the costs required for their repatriation.
If, on the date of booking, it emerges from official information channels that the chosen destination is a place subject to a warning (special notice) for security reasons, the Traveler who subsequently exercises the right to withdraw cannot, for the purposes of exemption or reduction of the claim for compensation for the termination carried out, invoke the ceasing of the contractual cause connected with the country’s security conditions.
13. LIABILITY OF THE ORGANIZER – COMPLAINTS
- The organiser is liable for the performance of the travel services included in the package travel contract, irrespective of whether those travel services are to be performed by the organiser, by the organiser’s auxiliaries or agents when acting in the exercise of their functions, by third parties whose work the organiser may have recourse to, or by other travel service providers under Article 1228 of the Italian Civil Code.
- In accordance with the obligations of fairness and good faith, under Articles 1175 and 1375 of the Italian Civil Code, the traveler must promptly inform the organiser, directly or via the retailer, taking into account the circumstances of the case, of any lack of conformity found during the performance of a travel service included in the package travel contract.
- If one of the travel services is not performed as agreed in the package travel contract, the organiser will remedy the lack of conformity, unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity and the value of the travel services affected by the lack of conformity. If the organiser does not remedy the lack of conformity, the traveler is entitled to a price reduction as well as to compensation for the damage which the traveler sustains as a result of the lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveler or to a third party unconnected with the provision of the travel services, or is unavoidable or unforeseeable or due to extraordinary and unavoidable circumstances.
- Subject to the above exceptions, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveler with the complaint made pursuant to sub-paragraph 2, the traveler may personally remedy the lack of conformity and request reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity, or if it is necessary to remedy it immediately, the traveler does not need to specify a time limit.
- If a lack of conformity, within the meaning of Article 1455 of the Italian Civil Code, constitutes a significant failure to perform the travel services included in a package and the organiser has not remedied it within a reasonable period set by the traveler with regard to the duration and characteristics of the package, with the complaint made pursuant to sub-paragraph 2, the traveler may, without charge, lawfully terminate the package travel contract with immediate effect or, if necessary, request, pursuant to Article 43 of Italian Legislative Decree 62/2018, a price reduction, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the carriage of passengers, the organiser must also arrange the traveler’s return with equivalent transport without undue delay and at no extra cost to the traveler.
- Where it is impossible to ensure the traveler’s return, the organiser will bear the cost of necessary accommodation, if possible, of a category equivalent to what was provided for in the contract, for a period not exceeding three nights per traveler or for the longer period provided for in the regulations of the European Union on passengers’ rights, applicable to the relevant means of transport.
- The limitation of costs referred to in sub-paragraph 6 does not apply to persons with reduced mobility as defined in Article 2(1)(a) of Regulation (EC) No 1107/2006 and persons accompanying them, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least 48 hours before the start of the package.
The organiser may not invoke unavoidable or extraordinary circumstances to limit the liability referred to in this sub-paragraph where the transport service provider cannot rely on the same circumstances under applicable European Union legislation.
14. LIABILITY OF THE SELLER
The seller with whom the package holiday was booked cannot be held responsible for the obligations arising from the organisation of the trip, but is responsible only for the obligations arising from his capacity as seller and for the performance of the mandate given by the traveler, as specifically provided for in Article 50 of the Tourism Code including the guarantee obligations under Article 47.
15. COMPENSATION LIMITS
The compensation for damage arising from non-performance or incorrect performance of the services forming the package holiday and the relevant limitation periods are governed by Articles 43 – 46 of the Tourism Code and in any case within the limits established by the International Conventions that govern the services forming the subject of the package holiday as well as by Articles 1783 and 1784 of the Italian Civil Code, with the exception of personal injury which is not subject to a fixed limit.
The right to compensation for personal injury has a three-year limitation period starting from the date of the traveler’s return to the place of departure or the longer period provided for in the provisions governing the services included in the package, for compensation for personal injury.
16. POSSIBILITY OF CONTACTING THE ORGANISER VIA THE RETAILER
- The traveler may address messages, requests or complaints in relation to the performance of the package directly to the retailer through which it was purchased, who, in turn, will promptly forward them to the organiser.
- For the purposes of compliance with time-limits or limitation periods, the date on which the retailer receives the messages, requests or complaints referred to in the previous sub-paragraph is also considered the date of receipt by the organiser.
17. OBLIGATION TO PROVIDE ASSISTANCE
- The organiser will give appropriate assistance without delay to the traveler in difficulty, including in the circumstances referred to in Article 42(7) of the Tourism Code, in particular by providing appropriate information on health services, local authorities and consular assistance, and assisting the traveler to make distance communications and helping the traveler to find alternative travel arrangements.
- The organiser may charge a reasonable fee for such assistance, not exceeding the actual costs incurred, if the problem is caused intentionally by the traveler or through the traveler’s negligence.
18. INSURANCE AGAINST CANCELLATION CHARGES
If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking at the offices of the organiser or retailer to cover the cost of termination (always due, except for specific exceptions provided for by the Tourism Code), as well as the costs arising from accidents and/or illnesses, which also cover the cost of repatriation, and for loss of and/or damage to luggage. The rights arising from insurance contracts must be exercised by the traveler directly with the insurance companies involved, under the terms and conditions of these policies, paying particular attention to the timing of opening the claim and to the deductibles, limitations and exclusions. At the time of booking, travelers must inform the retailer of any specific needs or problems for which it would be necessary and/or appropriate to issue policies other than those offered by the organiser or included in the price of the package.
19. TOOLS FOR ALTERNATIVE DISPUTE RESOLUTION
The Organiser may propose to the Tourist – via the website or other forms – alternative modalities to solve disputes. In this case the Organiser shall detail the various types of alternative methods and their effects.
20. GUARANTEES FOR THE TRAVELER-(Article 47 of the Tourism Code)
- The organiser/retailer is covered by a civil liability insurance contract in favour of the traveler for compensation for damages arising from breach of the obligations assumed with the contract.
- Organised tourism contracts are assisted by suitable guarantees given by the Organiser and/or by the seller travel agent that, for trips abroad and trips that take place within a single country, ensure, in cases of insolvency or bankruptcy of the seller or the organiser, the refund of the price paid for the purchase of the package holiday and the immediate return of the tourist. Further details can be found in the Technical Data Sheet.
21. GOVERNING LAW – PLACE OF JURISDICTION
The package holiday and the travel contract are governed by Italian law.
Any dispute that may arise between the Parties regarding the validity, formation, performance, execution or termination of this Contract, shall be exclusively referred to the territorial jurisdiction of the Court of Siena.
22. PRIVACY – INFORMATION REGARDING ARTICLE 13 LEG-ISLATIVE DECREE 196/2003
The handling of personal data, the provision of which is necessary for the conclusion and execution of the contract, is conducted in full compliance with legislative decree 196/2003, in both paper and digital forms. personal data shall only be communicated to providers of services included in the Holiday Package. The client can at any point exercise his/her rights under article 7 legislative directive 196/2003 contacting the organizer
23 – INDIVIDUAL TRAVEL SERVICES AND LINKED TRAVEL ARRANGEMENTS
Contracts regarding the offer of only the transport service, of only the accommodation service, or of any other separate travel service, cannot be represented as a contractual case of travel organisation or of package holiday, do not benefit from the protection provided by the Tourism Code, and the contractual conditions of the individual supplier will be applied. The responsibility for the proper execution of the contract lies with the service provider. If linked travel arrangements are booked, the traveler has protection aimed at refunding the payments received for services not provided due to insolvency of the trader who has collected the amounts paid by the traveler. This protection does not include any refund in the event of insolvency of the relevant service provider.
24. MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF ITALIAN LAW No 38/2006
“Italian law punishes offences concerning prostitution and child pornography by imprisonment, even if committed abroad”
25. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalogue or in other informative material only on the basis of express and formal guidelines 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, including EU member countries, to which the service refers, the organiser reserves the right to provide his own description of the accommodation facility in the catalogue or the non-catalogue/tailor-made offer or on the website www.atuscantale.com, so as to allow an evaluation and consequent acceptance of the same by the tourist
Where there is any inconsistency between the original version of the GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS and the English language or other versions, the Italian version shall prevail as other versions merely constitute translations.
TECHNICAL DATA SHEET “A TUSCAN TALE”
A Tuscan Tale di Cappelletti Daniela
Registered Office Via Volturno 23/A – 53036 Poggibonsi (Siena)
COD. FISC. CPPDNL75M44C847W
Tel. 0039 0577 992207 – Cell. 0039 392 1177166
Administrative authorisation: SI-148049 (Identificativo SCIA 13022017 – 1055)
Indirizzo PEC firstname.lastname@example.org
Insurance Policy Allianz nr. 78777629
Guarantees for travelers Groupama nr. 895/00A0663898