General conditions
General Conditions of Contract for the Sale of Tourist Packages
CONTENTS OF THE CONTRACT FOR THE SALE OF THE TOURIST PACKAGE
In addition to the following general conditions, the description of the travel package contained in the catalog or in the separate travel program, as well as the booking confirmation of the services requested by the traveler, form an integral part of the travel contract. This confirmation is sent by the Tour Operator to the traveler or travel agency, acting as the traveler's agent, and the traveler will have the right to receive it from the agency. When signing the travel package purchase proposal, the traveler must be aware, for themselves and for the persons for whom they are requesting the all-inclusive service, that they have fully understood both the purpose of the travel package contract as regulated therein, the warnings contained therein, and these general conditions.
1. LEGISLATIVE SOURCES
The sale and organization of tourist packages, which have as their object services to be provided both nationally and internationally, is governed by the Tourism Code, specifically by Articles 32 to 51 novies as amended by Legislative Decree 21 May 2018 no. 62, transposing and implementing EU Directive 2015/2302, as well as by the provisions of the Civil Code regarding transportation and mandate and the special regulations on tourism, where applicable.
2. ADMINISTRATIVE REGIME
The organizer and the intermediary in the sale of the travel package, used by the traveler, must be authorized to perform their respective activities in accordance with applicable legislation, including regional or municipal legislation, given their specific jurisdiction. Pursuant to art. 47 of the Tourism Code, the organizer and the seller must disclose to the traveler, prior to the conclusion of the contract, the details of the insurance policy covering risks arising from professional civil liability, as well as the details of other optional or mandatory guarantee policies protecting travelers against events that may affect the completion or execution of the holiday, such as trip cancellation, medical expenses coverage, early return, loss or damage to luggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the seller.
3. DEFINITIONS
For the purposes of the package travel legislation, the following definitions apply:
1) tourist service:
a) the transport of passengers;
b) accommodation provided that it is not intrinsically part of the transport of passengers and is not intended for residential purposes, or related to long-term language courses;
c) the rental of cars, other motor vehicles within the meaning of Article 3, point 11, of Directive 2007/46/EC of the European Parliament and of the Council, or motorcycles requiring a category A driving licence;
d) any other tourist service not intrinsically part of a tourist service within the meaning of points (a), (b) or (c).
2) package: the combination of at least two different types of tourist services referred to in point 1), for the purposes of the same trip or holiday, under the conditions indicated in the following article 4;
3) package travel contract: the contract relating to all the tourist services included in the package;
4) start of the package: the start of the performance of the tourist services included in the package;
5) professional: any natural or legal person, public or private, who, in the context of his commercial, industrial, craft or professional activity in organised tourism contracts, acts, even through another person acting in his name or on his behalf, as an organiser, seller, professional facilitating related tourist services or as a supplier of tourist services, pursuant to the legislation set out in the Tourism Code;
6) 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;
7) seller: the professional, other than the organizer, who sells or offers for sale packages combined by an organizer;
8) traveler: anyone who intends to conclude a contract, or enters into a contract, or is authorized to travel under a concluded contract, within the scope of the law on organized tourism contracts; 9) establishment: the establishment defined in Article 8, letter e), of Legislative Decree no. 59 of 26 March 2010;
10) durable medium: any instrument which enables the traveller or the professional to store information addressed to him personally in a way which allows future access to it for a period of time adequate for the purposes for which it is intended and which allows the unchanged reproduction of the information stored;
11) unavoidable and extraordinary circumstances: 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;
12) lack of conformity: a failure to perform the tourist services included in a package;
13) point of sale: any premises, whether movable or immovable, used for retail sales or a retail website or similar online sales tool, even where retail websites or online sales tools are presented to travellers as a single tool, including telephone service;
14) return: the return of the traveler to the place of departure or to another place agreed by the contracting parties.
4. DEFINITION OF TOURIST PACKAGE
1. A package travel is defined as: the combination of at least two different types of travel services referred to in point 1) of Article 3 above, for the purpose of the same trip or holiday, if:
a) such services are combined by a single trader, including at the traveler's request or in accordance with his selection, before a single contract for all services is concluded; or
b) regardless of whether separate contracts are concluded with individual travel service providers, such services are:
i) purchased at a single point of sale and such services have been selected before the traveler agrees to pay;
ii) offered, sold or invoiced at a fixed or inclusive price;
iii) advertised or sold under the name "package" or a similar name;
iv) combined after the conclusion of a contract by which the trader authorizes the traveler to choose from a selection of different types of travel services; or (
v) purchased from separate professionals through linked electronic booking processes where the traveler's name, payment details and email address are transmitted by the professional with whom the first contract is concluded to one or more other professionals and the contract with the latter or these professionals is concluded no later than 24 hours after confirmation of the booking of the first travel service.
2. A combination of travel services in which no more than one of the types of travel services referred to in point 1 of Article 3, letters a), b) or c), are combined with one or more of the travel services referred to in point 1 of Article 3, letter d), is not a package if the latter services:
a) do not represent a share equal to or greater than 25% of the value of the combination and are not advertised or otherwise represent an essential element of the combination; or b) are selected and purchased only after the start of the performance of a travel service referred to in point 1 of Article 3, letters a), b) or c).
CONTENTS OF THE PACKAGE TOUR CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED
1. Upon conclusion of the travel package sales contract, or in any case as soon as possible, the organizer or seller shall provide the traveler with a copy or confirmation of the services covered by the contract on a durable medium (email) containing the booking confirmation of the services and/or a bank statement.
2. The traveler is entitled to a paper copy of the booking confirmation and/or bank statement if the travel package sales contract was stipulated in the simultaneous physical presence of the parties.
3. With regard to contracts negotiated away from business premises, as defined in Article 45, paragraph 1, letter h), of Legislative Decree no. 206 of 6 September 2005, a copy or confirmation of the travel package sales contract shall be provided to the traveler on paper or, if the traveler consents, on another durable medium.
4. The contract constitutes entitlement to access the guarantee fund referred to in Article 21 below.
6. TRAVELER INFORMATION
Before concluding a package travel contract or corresponding offer, the organizer and the retailer, pursuant to Article 34 of the Tourism Code, provide the traveler with the relevant standard information form referred to in Annex A, Part I or Part II, of the Tourism Code, as well as the following information:
a) the main characteristics of the travel services, such as:
1) the travel destination(s), the itinerary and periods of stay with related 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 exact times are not yet established or known, the organizer and, where applicable, the retailer shall inform the traveler of the approximate departure and return times;
3) the location, main characteristics, and, where applicable, the tourist category of the accommodation in accordance with the regulations of the destination country;
4) the meals provided, whether included or not;
5) visits, excursions, or other services included in the total agreed-upon price of the package;
6) tourist services provided to the traveler 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 trip or holiday is suitable for persons with reduced mobility and, upon the traveler's request, precise information on the suitability of the trip or holiday that takes into account the traveler's needs. Special requests regarding the methods of provision and/or execution of certain services included in the travel package, including the need for assistance at the airport for persons with reduced mobility, requests for special meals on board or at the destination, must be made at the time of booking and be the subject of a specific agreement between the traveler and the Organizer, including, where applicable, through the traveler's authorized travel agency;
b) the commercial name and geographical address of the organizer and, where applicable, the seller, their telephone numbers and email addresses;
c) the total price including the travel services comprising the package, insurance and/or financial services, taxes, and all additional fees, duties, and costs, such as administrative and processing fees. Where certain costs cannot be reasonably calculated before the contract is concluded, an indication of the type of additional costs the traveler may still incur.
d) the payment methods, including any amount or percentage of the price to be paid as a deposit and the timetable for payment of the balance, or the financial guarantees the traveler is required to pay or provide;
e) the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5, letter a) of the Tourism Code, before the start of the package for the possible termination of the contract in the event that this number is not reached;
f) general information regarding passport and/or visa requirements, including the approximate timeframe for obtaining visas, and health formalities in the destination country;
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 applicable (see penalties article), the standard withdrawal costs required by the organizer pursuant to Article 41, paragraph 1 of Legislative Decree 79/2011 as amended by Legislative Decree 62/2018 and specified in the following Article 10, paragraph 3;
h) information on the optional or mandatory subscription of insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the costs of damage or loss of baggage during transport and/or personal assistance, including repatriation, in the event of injury, illness or death;
i) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 of Legislative Decree 79/2011 as amended by Legislative Decree 62/2018
2. Furthermore, before the start of the trip, the organizer and the retailer shall communicate to the traveler information on the identity of the operating air carrier, if this is not known at the time of booking, pursuant to Article 11 of EC Regulation 2111/05 (Article 11, paragraph 2 of EC Regulation 2111/05: “If the identity of the operating air carrier or carriers is not yet known at the time of booking, the air transport contractor shall ensure that the passenger is informed of the name of the air carrier or carriers that will act as operating air carriers for the flight or flights concerned. In this case, the air transport contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as their identity has been ascertained and of any ban on their operation in the European Union”).
7. PAYMENTS
1. Upon signing the travel package purchase proposal, the following must be paid:
a) the registration or administration fee (see art. 8);
b) a deposit on the price of the travel package published in the catalog or in the package quote provided by the organizer, as well as any insurance coverage. The balance must be paid within 30 days of the departure date.
2. For bookings made after the date indicated as the final payment deadline, the entire amount must be paid upon signing the travel package purchase proposal.
3. Failure by the Organizer to receive the above-mentioned amounts by the established dates, as well as failure to remit to the Tour Operator the amounts paid by the traveler to the seller, will result in—this clause being considered express termination pursuant to art. 1456 of the Italian Civil Code - the automatic termination of the contract must be communicated by simple written communication, via fax or email, to the selling agency or to the traveler's electronic address, if provided. Payment is therefore deemed to have been made when the organizer receives the funds. It is therefore the traveler's responsibility to verify that the seller, chosen as their agent for the purchase of the travel package, meets the legal requirements, specifically the guarantee against the risk of insolvency or bankruptcy.
8. PRICE OF THE TOUR PACKAGE
The price of the tourist package is determined as a lump sum in the contract, with reference - where applicable - to what is indicated in the catalogue, or non-catalogue programme and to any subsequent updates to the same catalogues or non-catalogue programmes, or on the Operator's website.
It may be increased or decreased only as a result of changes in:
• transportation costs, including fuel costs;
• air travel fees and taxes, landing, disembarkation, or embarkation fees at ports and airports;
• exchange rates applied to the package in question. These changes will be based on the exchange rates and prices in effect up to a maximum of 21 days before departure, compared to those indicated in the travel program and published on the websites. In any case, the price cannot be changed within 20 days prior to departure, and the revision cannot exceed 8% of the original price. In the event of a price reduction, the organizer has the right to deduct the administrative and processing costs from the refund due to the traveler, proof of which is required upon request.
The price includes:
a) registration fee or administration fee;
b) participation fee: stated in the catalogue or in the package quote provided to the seller or traveller in the case of direct sales;
c) cost of any insurance policies against cancellation risks and/or medical expenses or other requested services, if not included in the participation fee;
d) cost of any visas and entry and exit taxes for the holiday destination countries;
e) airport and/or port charges and taxes;
f) any administrative costs for reviewing/changing the booking.
9. CHANGES TO THE TOUR PACKAGE BEFORE DEPARTURE
1. The Tour Operator reserves the right to unilaterally modify the terms of the contract, other than the price, if the change is of minor importance. Communication must be made clearly and precisely via a durable medium, such as email.
2. If, before departure, the organizer needs to significantly modify one or more of the main features of the tourist services referred to in Article 34, paragraph 1, letter a) of the Tourism Code, or is unable to meet the specific requests made by the traveler and already accepted by the organizer, or proposes to increase the price of the package by more than 8%, the traveler may accept the proposed change or withdraw from the contract without paying any cancellation fees.
3. If the traveler does not accept the proposed change referred to in paragraph 2, exercising the right of withdrawal, the organizer may offer the traveler a substitute package of equivalent or superior quality.
4. The organizer shall inform the traveler by email, without undue delay, clearly and precisely of the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 6.
5. The traveler shall communicate his or her choice to the organizer or intermediary within two working days of receiving the notice referred to in paragraph 1. In the absence of communication within the aforementioned deadline, the proposal formulated by the organizer shall be deemed accepted.
6. If the changes to the travel package sales contract or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an appropriate price reduction.
7. In the event of withdrawal from the travel package sales contract pursuant to paragraph 2, and if the traveler does not accept a replacement package, the organizer shall refund without undue delay and in any case within 14 days of withdrawal from the contract all payments made by or on behalf of the traveler and shall be entitled to compensation for the failure to perform the contract, except in the cases indicated below:
a) No compensation is provided for cancellation of the travel package when the cancellation is due to failure to reach the minimum number of participants required.
b) No compensation is provided for cancellation of the travel package when the organizer demonstrates that the lack of conformity is attributable to force majeure or unforeseeable circumstances;
c) No compensation is also provided for cancellation of the travel package when the organizer demonstrates that the lack of conformity is attributable to the traveler or a third party unrelated to the provision of travel services included in the travel package contract and is unforeseeable or unavoidable, or is due to unavoidable and extraordinary circumstances.
8. For cancellations other than those referred to in paragraph 7, letters a), b), and c), the canceling organizer will refund the traveler a sum equal to double the amount paid by the traveler and actually collected by the organizer, even through the travel agent.
9. The refunded amount will never exceed double the amount the traveler would be owed on the same date, as provided for in Article 10, paragraph 3, if the traveler were the one canceling.
10. WITHDRAWAL
A) OF THE TRAVELER
1. Outside of the cases provided for in the previous article, the traveler may withdraw from the contract without paying penalties in the following cases:
• a price increase exceeding 8%;
• a significant change to one or more elements of the contract that are objectively considered essential for the enjoyment of the travel package as a whole and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the traveler;
• the impossibility of satisfying the specific requests made by the traveler and already accepted by the organizer.
In the above cases, the traveler may:
• accept the alternative proposal if formulated by the organizer;
• request a refund of any sums already paid. This refund must be made within the legal deadline indicated in the previous article.
2. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and which significantly affect the performance of the package or the carriage of passengers to the destination, the traveller shall have the right to terminate the contract before the start of the package without paying a termination fee and to a full refund of any payments made for the package, but shall not be entitled to additional compensation.
3. Travelers who withdraw from the contract before departure for any reason, including unforeseen or supervening reasons, outside of the cases listed in the first paragraph or those provided for in Article 9, paragraph 2, will be charged—regardless of the deposit payment referred to in Article 7, paragraph 1—the individual handling fee and any insurance coverage already requested at the time of contract conclusion or for other services already rendered, as well as the penalty indicated below, except for any more restrictive conditions —related to high season periods or full occupancy of the facilities—which will be communicated to the traveler at the time of the quote and therefore before the contract is concluded:
* 10% up to 45 working days before departure
* 30% from 44 to 30 working days before departure
* 50% from 29 to 15 working days before departure
* 75% from 14 to 8 working days before departure
* 100% after these terms
The cost of consular services and visas already submitted/requested to the competent authorities (consulates) are subject to an immediate penalty of 100% of the visa cost.
The 100% penalty must also be paid for missed departures or by those unable to travel due to the lack or incorrectness of the required travel documents, as verifying the validity of such documents is the Traveler's responsibility. Some services may be subject to different penalties, which will be communicated at the time of booking. When calculating the penalty, Saturdays, the day of departure, and the day of cancellation are always excluded. Cancellations must be made in writing (by certified email, email, or registered mail), either directly or through the intermediary travel agency. The traveler's inability to enjoy the holiday is not attributable to the traveler, which does not entitle cancellation without penalty. The law provides for cancellations only for objective circumstances at the destination referred to in paragraph 2 or for the cases referred to in paragraph 1. The traveler may insure against the financial risk associated with cancellation by taking out a specific insurance policy, where this is not mandatory.
The traveler's failure to be held responsible for the subjective circumstances preventing him or her from enjoying the holiday (for example, illness, cancellation of holidays, loss of employment, etc.) does not entitle the traveler to withdraw without penalty. The law provides for withdrawal only for objective circumstances found at the holiday destination referred to in paragraph 2 or for the cases referred to in paragraph 1.
The financial consequences resulting from cancellation of the contract due to circumstances within the traveler's personal sphere, even if not attributable to them, can be avoided by taking out a specific insurance policy, where not required by the organizer.
4. In the case of pre-established groups, withdrawal penalties will be the subject of a specific agreement from time to time upon signing the contract.
5. The above penalty percentage does not apply to trips that include the use of scheduled flights with special fares. In these cases, the cancellation penalty conditions are more liberal and much more restrictive, taking into account any non-refundable fees and are indicated in advance when quoting the travel package.
B) OF THE ORGANIZER
6. The organizer may withdraw from the package travel contract and offer the traveler a full refund of the payments made for the package, but is not required to pay additional compensation if:
- the number of people registered for the package is less than the minimum required by the contract and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and in any case no later than twenty 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, or forty-eight hours before the start of the package in the case of trips lasting less than two days;
- the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveler without undue delay before the start of the package.
7. The organizer will process all refunds required under paragraphs 2 and 6 without undue delay and in any case within 14 days of the cancellation. In the cases referred to in Article 41, paragraphs 4 and 5, of the Tourism Code, functionally related contracts stipulated with third parties will be terminated.
8. In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the package travel contract within five days of the date of conclusion of the contract or the date of receipt of the contractual conditions and preliminary information, if later, without penalty and without providing any reason. In the case of offers with significantly lower rates than competing offers, the right of withdrawal is excluded. In this latter case, the organizer documents the price change, adequately highlighting the exclusion of the right of withdrawal.
9. In the event of a distance contract, as defined in Article 45, paragraph 1, letter g) of the Consumer Code, the right of withdrawal pursuant to Article 47, paragraph 1, letter g) of the Consumer Code is excluded.
11. ORGANIZER'S LIABILITY FOR INCORRECT PERFORMANCE AND SUPERVENING IMPOSSIBILITY DURING PERFORMANCE – TRAVELER'S OBLIGATIONS – TIMELINESS OF COMPLAINTS
1. The organizer, pursuant to Article 42 of the Tourism Code, is responsible for the performance of the tourist services provided for in the travel package sales contract, regardless of whether such tourist services are provided by the organizer himself, by his assistants or agents acting in the exercise of their functions, by third parties whose services he avails himself of, or by other tourist service providers pursuant to Article 1228 of the Civil Code.
2. The traveler, in compliance with the obligations of fairness and good faith set forth in Articles 1175 and 1375 of the Civil Code, shall promptly inform the organizer, directly or through the seller, during the course of the holiday, taking into account the circumstances of the case, of any defects in conformity detected during the performance of a tourist service provided for in the travel package sales contract.
3. If one of the travel services is not performed as agreed in the travel package sales contract, the organizer will remedy the lack of conformity, unless this proves impossible or excessively burdensome, taking into account the extent of the lack of conformity and the value of the travel services affected by the defect. If the organizer fails to remedy the defect, the traveler is entitled to a price reduction and compensation for the damage suffered as a result of the lack of conformity, unless the organizer demonstrates that the lack of conformity is attributable to the traveler or a third party unrelated to the provision of the travel services, or is unavoidable or unforeseeable, or due to extraordinary and unavoidable circumstances.
4. Without prejudice to the exceptions set out above, if the organizer fails to remedy the lack of conformity within a reasonable period of time set by the traveler in the complaint made pursuant to paragraph 2, the traveler may remedy the defect himself and request reimbursement of the necessary, reasonable, and documented expenses; if the organizer refuses to remedy the lack of conformity, or if it is necessary to remedy it immediately, the traveler is not required to specify a deadline.
If a lack of conformity constitutes a breach of non-negligible nature and the organizer has not remedied it through timely notification by the traveler, in relation to the duration and characteristics of the package, the traveler may terminate the contract with immediate effect, or request - if applicable - a price reduction, without prejudice to any compensation for damages.
If, after departure, the organiser finds himself unable to provide, for any reason other than the traveller's own fault, or due to measures taken by the Institutional Authorities, an essential part of the services envisaged in the contract, he must arrange adequate alternative solutions for the continuation of the planned trip which do not entail costs of any kind for the traveller, or reimburse the latter within the limits
12. SUBSTITUTIONS AND CHANGE OF PRACTICE (TRANSFER OF CONTRACT)
1. The traveler, upon prior notice given to the organizer on a durable medium no later than seven days before the start of the package, may transfer the package travel sales contract to a person who satisfies all the conditions for using the service.
2. The transferor and the transferee of the travel package sales contract are jointly and severally liable for the payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and processing costs, resulting from such transfer.
3. The organizer informs the transferor of the actual costs of the transfer, which do not exceed the expenses actually incurred by the organizer as a result of the transfer of the travel package sales contract, and provides the transferor with proof of any fees, taxes, or other additional costs resulting from the transfer of the contract. In the case of a travel contract with air transport for which a discounted and/or non-refundable ticket has been issued, the transfer may require the issuance of a new airline ticket with the fare available on the date of the transfer.
13. TRAVELERS' OBLIGATIONS
Without prejudice to the obligation to promptly report any lack of conformity, as set forth in Article 11, paragraph 2, travellers must comply with the following obligations:
1. For regulations regarding the expatriation of minors, please refer to the State Police website. Please note, however, that minors must possess a valid personal document for travel abroad, such as a passport or, for EU countries, a valid identity card.
Regarding the exit from the country of minors under the age of 14 and those for whom authorization issued by the Judicial Authority is required, the provisions indicated on the State Police website http://www.poliziadistato.it/articolo/191/ must be followed .
2. Foreign citizens must obtain the relevant information through their diplomatic representations in Italy and/or their respective official government information channels. In any case, travelers must check the relevant information with the competent authorities before departure (for Italian citizens, the local police headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115) and update it before traveling. In the absence of such verification, the intermediary or organizer cannot be held responsible for the failure to depart of one or more travelers.
3. Travelers must in any case inform the intermediary and the organizer of their citizenship when requesting to book the travel package or travel service and, upon departure, must definitively ensure that they have the vaccination certificates required by applicable laws and regulations, their individual passport and any other valid documents for all countries included in the itinerary, as well as any residence and transit visas and health certificates that may be required.
4. Furthermore, in order to assess the socio-political, health, climate, and environmental security situation and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveler will be responsible for obtaining official general information from the Ministry of Foreign Affairs, published on the Farnesina's official website www.viaggiaresicuri.it . The above information is not contained in the online or paper-based tour operator catalogs, as they contain general descriptive information as indicated in Article 34 of the Tourism Code and not information that changes over time. Therefore, this information must be obtained by the traveler.
5. If, on the booking date, the chosen destination is classified, according to official information channels, as a location subject to a "warning" for reasons of socio-political, environmental, or health security, the traveler who subsequently exercises the right of withdrawal will not be able to invoke, for the purposes of exemption or reduction of the compensation request for the withdrawal, the cessation of the contractual cause related to the country's security conditions, since these were already known at the time of booking.
6. Travelers must also comply with the rules of common prudence and diligence and the specific rules in force in the destination countries, all information provided by the organizer, as well as the regulations, administrative, or legislative provisions relating to the travel package, and the rules of diligence and good conduct within accommodation facilities. Failure to comply with these rules, at the sole discretion of the Hotel Management, may result in the offender's removal from the facility and, where deemed appropriate, reporting to the competent public authorities. Likewise, conditions relating to illnesses that may pose a risk to the health of other guests, or changes in mental state—if not previously reported and accepted in writing by the Tour Operator—constitute circumstances that may warrant removal from the facility.
7. Travelers will be held liable for any damages that the organizer and/or intermediary may suffer due to failure to comply with the above-mentioned obligations, including the costs of their repatriation.
8. The traveler is required to provide the organizer with all documents, information, and elements in his possession useful for exercising the latter's right of subrogation against third parties responsible for the damage and is liable to the organizer for any damage caused to the right of subrogation.
9. The traveler will also communicate in writing to the organizer, at the time of the proposal to purchase the travel package and therefore before the organizer sends the booking confirmation of the services, any specific personal requests that may be the subject of specific agreements on the travel arrangements, provided that their implementation is possible and are in any case the subject of a specific agreement between the traveler and the organizer (see art. 6, paragraph 1, letter h), if applicable also through the authorized travel agency.
10. The Traveller has been informed by the Organizer of the now consolidated jurisprudential principle of the Traveller's self-responsibility established in ruling no. 14257 of 8 July 2020 issued by the Court of Cassation, Section III (which can be summarized as follows: "it must also be affirmed that the purchasers of the tourist package themselves are also required to take diligent action to acquire easily accessible and readily understandable information, in compliance with the same principle of fairness and objective good faith in the execution of the contract (art. 1175 and 1375 of the Civil Code), aimed at protecting the mutual trust of each contracting party in the exact fulfillment of the contractual obligations") and by the Court of Justice, case C-412/06, case C-489/07, case C-511/08.
14. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog or other informational materials only based on 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 EU member states to which the service refers, or in the case of facilities marketed as "Holiday Villages," the organizer reserves the right to provide its own description of the accommodation in the catalog or brochure, to allow the traveler to evaluate and subsequently accept it.
15. LIABILITY REGIME
The organizer is liable for damages caused to the traveler due to total or partial non-performance of contractually due services, whether performed by the organizer himself or by third-party service providers, unless he can prove that the event was caused by the traveler's actions (including initiatives undertaken independently by the traveler during the performance of the travel services) or by an unforeseeable or unavoidable third-party action, by circumstances unrelated to the provision of the contractually stipulated services, by unforeseeable circumstances, by force majeure, or by circumstances that the organizer could not, according to professional diligence, reasonably foresee or resolve. The seller through whom the travel package was booked is not liable for obligations relating to the organization and execution of the trip, but is solely responsible for obligations arising from its role as an intermediary and for the execution of the mandate entrusted to it by the traveler, as specifically provided for by Article 50 of the Tourism Code, including the warranty obligations set forth in Article 47.
16. LIMITS OF COMPENSATION AND STATUTE OF LIMITATIONS
The compensation referred to in Articles 43 and 46 of the Tourism Code and the related limitation periods are governed by the provisions therein, as well as by Articles 1783 and 1784 of the Civil Code, and in any case within the limits established by the International Conventions governing the services included in the travel package. It is understood that the compensation or price reduction granted pursuant to the aforementioned articles and the compensation or price reduction granted pursuant to international regulations and conventions are deductible from each other. Personal injury is not subject to a fixed limit. The right to a price reduction or compensation for damages due to changes to the travel package sales contract or the replacement package expires two years after the traveler's return to the place of departure. The right to compensation for personal injury expires three years after the traveler's return to the place of departure, or within the longer period established for compensation for personal injury by the provisions governing the services included in the package.
17. POSSIBILITY OF CONTACTING THE ORGANIZER VIA THE SELLER
1. The traveler may address messages, requests, or complaints regarding the execution of the package directly to the seller through whom he or she purchased it, who, in turn, will promptly forward them to the organizer.
2. For the purposes of compliance with the terms or limitation periods, the date on which the seller receives messages, requests or complaints referred to in the previous paragraph shall also be considered the date of receipt for the organizer.
18. OBLIGATION TO PROVIDE ASSISTANCE
1. The organizer shall provide adequate assistance without delay to the traveler in difficulty, including in the circumstances referred to in Article 42, paragraph 7, in particular by providing appropriate information regarding health services, local authorities, and consular assistance, assisting the traveler in making remote communications, and helping the traveler find alternative travel arrangements. The organizer may charge a reasonable fee for such assistance if the problem is caused intentionally or through the traveler's fault, within the limits of the actual expenses incurred.
2. The Traveller must cooperate diligently and fairly with the Organizer so that the latter does not find it excessively burdensome to guarantee the execution of its assistance duties and therefore, for example, must provide timely and clear notification of any malfunctions.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
Unless expressly included in the price, it is possible and advisable to purchase special insurance policies at the time of booking to cover costs arising from package cancellation, accidents, and/or illnesses, including repatriation costs and loss or damage to luggage. Rights arising from insurance policies must be exercised by the traveler directly with the insurance companies, under the terms and conditions set forth in the policies themselves, as set forth in the policy conditions published in catalogs or in the brochures made available to travelers upon departure.
20. TRAVELER GUARANTEES - LIABILITY INSURANCE (Article 47 of the Tourism Code)
Package travel sales contracts are supported by suitable guarantees provided by the Organizer and the Travel Agent acting as intermediary in the sale. These guarantees, for trips abroad and trips taking place within a single country, guarantee, in the event of insolvency or bankruptcy of the seller or organizer, the refund of the price paid for the package travel and the immediate return of the traveler pursuant to Article 47 of the Tourism Code. The guarantee referred to in Article 47 of the Tourism Code applies exclusively to package travel sales contracts as defined in Article 33 of the Tourism Code. The Organizer has taken out the following insurance policy pursuant to Article 47 of the Tourism Code:
- RC/EUROP ASSISTANCE Italia SpA . n° 4818133 . RISKS COVERED: - Third party liability (RCT/RCP) and employee liability (RCO); - Employee liability (RCO): - Professional liability (RCT), to guarantee professional obligations relating to travel contracts; - RCP for financial losses. Furthermore, the Consumer can take out the following additional optional policies at his/her own expense: - Baggage; - Travel accidents; - Flight accidents; - Trip cancellation costs.
21. OPERATIONAL CHANGES
Given the long advance notice with which travel products are published and customized packages are developed, which include information on how to use the services, please note that the flight times and routes indicated in the acceptance of the service purchase proposal, as well as sometimes the departure or arrival airport, may be subject to change as they are subject to subsequent validation.
Please also note that, if necessary, the aircraft type and booking class may be changed, as may unscheduled stopovers and airports for outbound and/or inbound flights. Departures from other Italian airports may be combined at a single airport with coach transfers between airports, and chartered flights may be replaced with scheduled flights (including possible technical stopovers). Therefore, travelers must confirm services with their travel agency before departure. Pregnant women are generally permitted to travel by air up to the 28th week with a certificate attesting to the progress of their pregnancy. From the 29th to the 34th week, pregnant women are permitted to travel only with a medical certificate (issued within 72 hours of the scheduled flight departure) certifying their fitness to travel. Women beyond the 34th week may not be accepted on board. Before booking a flight, it is recommended that you consult your doctor and ensure that your return date is no later than the 34th week, as previously specified. The organizer will inform passengers of the identity of the operating carrier(s) within the timeframe and in the manner specified in Article 11 of EC Regulation 2111/2005 (referred to in Article 6, paragraph 2).
ADDENDUM TO THE GENERAL CONDITIONS OF SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts for the provision of transportation services only, accommodation services only, or any other separate tourist service, which cannot be considered a travel arrangement or package, do not enjoy the travel protections provided for travelers by European Directive 2015/2302. Unless otherwise specified in the contract with the tour operator, the contractual conditions of the individual service provider, as indicated on the provider's website, will apply to them. Any seller who undertakes to procure a single tourist service for third parties, including electronically, is required to provide the traveler with documents relating to that service, indicating the amount paid for the service, and cannot in any way be considered a travel organizer. Pursuant to Article 32, paragraph III of the Tourism Code, the provisions of the Consumer Code (Legislative Decree no. 206 of 6 September 2005) apply to individual tourist services.
B) REDUCED PRIVACY NOTICE
Travelers are informed that their personal data, which must be provided to conclude and execute the travel contract, will be processed manually and/or electronically in compliance with applicable legislation. Any refusal to provide such data will make it impossible to complete and subsequently execute the contract. The exercise of the rights provided for by applicable legislation—for example, the right to request access to, rectification or erasure of, or restriction of processing concerning the traveler, as well as the right to data portability; the right to lodge a complaint with a supervisory authority—may be exercised against the data controller. For further information on the organizer's data processing, please refer to the specific section of the website www.incoming-tours.com containing the Privacy Policy.
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW 38/2006
Italian law punishes crimes related to prostitution and child pornography with imprisonment, even if committed abroad.
INFORMATION REQUIRED BY THE CURRENT TOURISM CODE
Prices are expressed in Euros and calculated at the fixed exchange rate for destinations using that currency, based on the exchange rates in effect at the time of the travel proposal for all currencies other than the Euro, and on carrier tariffs, with reference to the fees and taxes in effect at the time of the quote. Price changes relating to existing contracts will be based on: 1. changes in tariffs and fuel costs as communicated by carriers; 2. changes and increases in fees and taxes, such as landing, disembarkation, and embarkation fees at ports or airports, as communicated by the competent authorities; 3. currency fluctuations affecting 85% of the price of the travel package.
SUBSTITUTIONS AND/OR VARIATIONS (see Article 12)
Changes to previously booked services, where possible, are subject to a €49 per room "change fee" charge, in addition to the increase/reduction in the individual participation fee resulting from the service change, as well as any additional costs that will be quantified at the time. Changes to transportation (dates, schedule, name), if permitted, will be subject to the payment of supplements as applied by the operating carrier.
Incoming Tours Srls, via Padre Losi 24 - 26842 Caselle Landi (Lodi) - Italy
VAT number 12747370968
INSURANCE COVERAGE
Civil Liability Insurance Policy No. 4818133 stipulated with the Company EUROP ASSISTANCE SpA .

