1. Contents of this travel contract
The travel contract contains these general conditions, a description of the tour package included in the catalogue or in a separate travel programme, and a confirmation of the booking of services requested by the Customer. The booking confirmation is sent by the tour operator to the travel agency, acting as the Customer’s agent where the Customer’s right is to receive it from said travel agency.
For the purposes of this contract, the following terms shall have the following meanings:
A. Tour Organizer: The party that undertakes under its own name and in exchange for a flat-rate payment to provide to third parties tour packages, putting together a package with the elements listed in the following Article 3 or offering tourists, including by means of remote communication, the possibility of independently putting together and purchasing such a package;
B. Intermediary: The party, not necessarily part of the travel industry nor necessarily working for profit, that sells or undertakes to provide tour packages as specified in the following Article 3 in exchange for a flat-rate payment;
C. Customer: the buyer, the person who purchases the tour package, or any person also to be appointed – as long as he or she meets all the conditions required for using the service – on whose behalf the principal contracting party agrees to purchase a tour package without receiving any remuneration.
3. Definition of a tour package
The term Tour Package covers trips, vacations, “all inclusive” circuits and cruises that consist of a combination – put together by anyone and in any way – of at least two of the elements listed below, sold or offered for sale for a flat-rate fare:
c) tourist services that are not ancillary services related to transportation or accommodation and which are offered to satisfy tourists’ recreational needs and form a significant part of the package.
Booking is made using an application form, a copy of which the Customer has a right to request and receive. The contract is deemed concluded the moment the Organiser delivers to the Customer – at the intermediary travel agency – the booking confirmation. This confirmation may also be delivered by electronic means.
5.1. Upon signing the tour package application form, the Customer must pay the registration or processing fee and a down payment at the amount of 25% of the tour package price as published in the catalogue or quoted by the Organiser. This amount is paid as a down payment. The Customer shall pay the remaining balance not later than 30 days before departure date/event. If the application form is signed within the 30-day period prior to departure, the Customer shall pay the full amount of the tour package fare upon signing.
5.2. Failure to pay the specified amounts on the specified dates shall render this contract null and void.
6.1. The tour package fare is set in the contract based on what is stated in the catalogue or any separate travel programme and based on any later updates of same.
6.2. The fare may be amended up to 20 days prior to departure and only as a result of any of the following changes: transportation costs, including fuel costs; rights and fees for certain types of tourist services, such as taxes, landing fees, boarding or disembarkation fees at ports and airports; exchange rates which apply to the package in question. These changes will be calculated based on the exchange rates and fees specified above on the tour programme publication date as listed in the catalogue specifications or on the publication date of later updates of the catalogue or of separate travel programmes. Price fluctuations will affect the tour package down payment amount at the rate expressly stated in the catalogue or separate travel programme specifications list.
6.3. Under no circumstances tour package fare increases shall exceed 8% of its original amount.
7. Tour package pre-departure alterations or cancellations
7.1. Prior to departure, in case the Organiser or Seller are required to change considerably one or more contract elements, they shall notify the Customer in writing, specifying the type of alteration and any price change it might entail.
In case the Customer declines to accept such alteration he or she may get a refund of the sum of money already paid or choose another package of equal or higher value at no extra charge or of a lower-value with a refund of the fare difference.
7.2. The Customer may exercise said rights even when the tour has been cancelled due to failure to reach the minimum number of participants as specified in the catalogue or any separate programme not included in the catalogue, or due to cases of force majeure and fortuitous events affecting the purchased tour package.
7.3. For some tours a minimum number of participants is required. If the required minimum number of participants has not been reached 10 days prior to tour start or any other number of days specified in the tour programme, the Organiser shall have the right to cancel the tour. The Customer shall be notified regarding the tour cancellation due to failure to meet the requirement of a minimum number of participants by the 10th day prior to departure.
7.4. In any event, the Organiser reserves the right to cancel the tour in cases of force majeure, including – as an example, but not limited to – adverse weather conditions which prevent the tour from taking place.
7.5. In case the cancellation is due to reasons other than force majeure, fortuitous events or failure to reach the minimum number of participants, as well as reasons other than the Customer’s failure to accept an alternative tour package he or she has been offered, the Organiser shall compensate the Customer with an amount that is twice the sum the Customer has already paid. The compensation amount shall never exceed double the amount the Customer has been bound to pay by the cancellation date, pursuant to Article 8, Paragraph 4, in case the Customer is the one to cancel his/her participation.
8. Cancellation by the Customer
8.1. The Customer may cancel the contract without paying penalties in the following events: Fare increase, as specified in Article 6, that exceeds 8% of its original amount; Significant change of one or more contract elements which are objectively considered fundamental for the fulfilment of the entire tour package. Such change must be followed by a new offer, to be sent by the Organiser to the Customer during the period following contract signing but prior to departure, which the Customer has not accepted.
8.2. In the above cases the Customer has the right to either: accept an alternative tour package, at no extra cost if it is of the same value as the original package, or with a refund of price difference if it is of lesser value than the original package; receive a refund of the amount already paid. This refund must be made within seven working days from receipt of the reimbursement request.
8.3. The Customer shall communicate his or her decision to either accept the change or cancel within two working days from the moment he/she is notified of the fare increase or change. Otherwise, the offer presented by the Organizer shall be deemed accepted.
8.4. In case the Customer cancels the contract before departure due to reasons not listed in Paragraph 8.1 above nor in Paragraph 7.1 above, he/she shall be charged – regardless of the down payment as per Paragraph 5.1 – an individual processing fee, a penalty in the amount stated in these contract terms and conditions or in the specifications list that comes with the catalogue or separate travel programme or personalised tour programme, including insurance fees for coverage requested upon contract signing as well as other services already rendered.
8.5. In cases of pre-established groups said amount shall be agreed-upon on a case-by-case basis upon signing the contract.
8.6. The wish to cancel the contract must be submitted to the following email address, firstname.lastname@example.org, or by registered mail with return receipt to the following address: Montepisano Territorio Ospitale DMC, Via Niccolini, 7 – 56017 San Giuliano Terme (PI).
8.7. Pursuant to Article 32, Paragraph 2, of the Italian Tourism Code, in cases of contracts that have been signed remotely or outside business offices (as specified respectively under Articles 50 and 45 of Legislative Decree 206/2005), cancellation rights provided under Art. 64 et seq of Legislative Decree 206/2005 are excluded.
9. Cancellation penalties
9.1. If the Customer cancels the travel contract, the Customer shall be required to pay a penalty, calculated according to the number of days left until the tour start. The day count shall not include the day in which the Customer has communicated his/her wish to cancel the contract.
9.2. The written cancellation notice must be received no later than the last working day preceding the tour start.
9.3. The penalty is calculated according to the following schedule:
a) Cancellation up to 31 days before tour start: 10% of the total amount;
b) Cancellation 30 through 21 days before tour start: 25% of the total amount;
c) Cancellation 20 through 11 days before tour start: 50% of the total amount;
d) Cancellation 10 through 4 days before tour start: 75% of the total amount;
e) Cancellation during the last 3 days before tour start: 100% of the total amount.
9.4. These sums must be paid by anyone who cannot take part in the tour due to missing or non-valid personal documents required for travelling abroad.
9.5. No refund will be disbursed to those who do not show up at the booked accommodation or decide to interrupt the tour or stay while underway.
10. Changes after departure
10.1. In the event the Organiser at any time after departure is not able, for any reason other than those attributable to the Customer, to provide an essential part of the services covered by the contract, the Organiser shall provide alternative solutions. These alternatives solutions shall be provided to the Customer for no extra charge. If the provided alternative services are of lower value than those listed in the original contract, the Organiser shall pay the Customer a partial refund in the amount of that value difference.
10.2. If no alternative solution is found or if the Customer does not accept such a solution for a justified and proven reason, the Organiser shall offer the Customer a means of transportation that is equivalent to the one specified in the original contract to return to the point of departure or a different agreed-upon place, according to availability of means of transportation and seats on board.
10.3. In addition, the Organiser shall pay the Customer a partial refund in the amount of the difference between the cost of services specified in the contract and that of the services actually provided until the moment of the early return.
11.1. The Customer (referred to hereafter, in this article, also as the “Assignor”) may be substituted by another person, provided that:
a) the Customer notifies the Organiser in writing at least 4 working days before departure date, specifying the reasons for the substitution and the identity of the person to whom he/she intends to assign the tour package (referred to hereafter, in this article, as the “Assignee”);
b) the Assignee satisfies all the conditions for using the service and particularly those related to passport, visas and health certificates;
c) the said services or other alternative services can be provided following the substitution;
d) the Assignor reimburses the Organiser for all the extra expenses incurred for processing the substitution, according to the amount reported to the Assignor in advance.
11.2. The Assignor and the Assignee are jointly responsible for paying the balance due and of the extra expenses specified above under Paragraph d) of this Article.
11.3. Additional substitution procedures and conditions are listed in the tour specifications.
12. Changing a booking
If the Customer requests any change in his/her already approved booking, the Customer shall be bound to pay a processing fee in the amount of 30 Euro for each request and for each person requesting the change. Reducing the number of participants and requesting a change in departure date 30 days or less before the tour start shall be deemed as cancellations and therefore shall be subject to cancellation fees as specified above. The Organiser shall not be bound to fulfil a Customer’s request to change an already approved booking in cases where such changes cannot be made.
13. Customer Obligations
13.1. During the preliminary talks that precede contract signing the Customer is provided with written documents containing general information as available on the catalogue publication date and regarding health-related obligations. Foreign citizens can obtain this information from their countries’ diplomatic representatives in Italy and/or their official government information channels.
13.2. In any case, tourists are required to verify prior to departure that such information is up to date and to abide by it.
Failing to do so, no responsibility for the impossibility of departing of one or more customers may be attributed to the tour Organiser or Intermediary.
13.3. The Customer must inform the Intermediary or the Organiser of their citizenship and, upon departure, must be in possession of all required vaccination certificates, individual passports and any other documents valid in Italy, as well as residence and travel visas and other health certificates that might be required.
13.4. Customers must also comply with all guidelines of a normal prudent and diligent behaviour as well as with current regulations in the tour’s countries of destination, with all instructions provided by the Organiser, including any administrative or legal regulations with regard to the tour package. Customers shall be liable for all damages that the Organiser and/or the Intermediary might incur also as a result of failing to fulfil the obligations specified above, including the cost of return travel.
13.5. Customers shall inform the Organiser in writing, at the time of tour booking, of any special personal requests that may require special agreements regarding travel arrangements, provided such requests can be fulfilled.
The Customer must always inform the Intermediary and the Organiser of any personal needs or special conditions (pregnancy, food allergies, disabilities, etc.) and specify explicitly any requests for personalised services.
13.6. The Organiser or the Intermediary that have paid compensation to the Customer is deemed the subrogation party, within the limits of the compensation paid and regarding the Customer’s rights and actions, in dealing with liable third parties.
The Customer must provide the Organiser with all documents, information and other elements in his/her possession that may be useful for exercising the latter’s subrogation rights for dealing with third parties that are liable for any damages and shall be held responsible by the Organiser for anything that might prejudice the rights of subrogation.
14. Hotel classification
Official hotel classifications are listed in the catalogue or in other related documentation based on ratings formalised or published by competent Italian authorities.
In the absence of official classifications that are recognised by the competent Italian authorities, the Organiser reserves the right to list in the catalogue or brochure its own description of the hotel, so that the Customer may assess and accept it.
15. Provisions on liability
15.1. The Organiser is liable for damages incurred by the Customer due to total or partial failure to perform its contractual obligations, whether to be performed by itself or by third-party service providers.
15.2. The Organiser’s liability shall be excluded if it proves that the damage incurred by the Customer was caused by the Customer (including independent initiatives taken by the latter during the performance of tourist services), by a third-party in an unforeseeable or unavoidable way, under circumstances that are beyond the provision of services specified in the contract, by fortuitous events, by force majeure, or under circumstances that the Organiser could not, following professional diligence, reasonably foresee or resolve.
15.3. The Intermediary, in whose offices the tour package was booked, is not bound in any way to fulfil the obligations related to the tour organisation but is bound to solely fulfil the obligations related to its role as an intermediary, and in any case within the limits set on such responsibility in current laws.
16. Complaints and claims
16.1. A customer who wishes to file a complaint due to failure to fulfil any part of the contract must do so in a timely manner, so as to allow the Organiser, its local representative or guide to provide a prompt remedy.
16.2. Failure to file a claim shall be taken into consideration when assessing the amount of compensation for any damages, which based on Article 1227 of the Civil Code may be reduced or excluded.
16.3. The Customer must file a claim by sending a registered letter with return receipt to the Organiser or Intermediary, or by sending an email message to email@example.com within ten working days from the date of returning to the point of departure.
17. Insurance coverage of cancellation fees and repatriation costs
If coverage is not expressly included in the tour fare, the Customer may purchase, upon booking at the Organiser’s or Seller’s offices, insurance policies that cover tour cancellation fees, accidents and baggage loss.
The Customer may also purchase a policy covering repatriation costs in the event of accidents, illness, fortuitous events and/or cases of force majeure.
The Customer shall exercise his/her rights stipulated under said insurance policy only by addressing the insurance companies that issued that policy, subject to the conditions and in the manner provided therein.
18. Insurance Fund
The National Insurance Fund, established to protect customers who sign travel contracts, provides the following in the event of insolvency or bankruptcy of the Intermediary or the Organizer:
a) reimbursement of paid sums;
b) repatriation in case of travelling abroad.
Fund procedures are established in the Prime Minister Decree of 23 July 1999, No. 349, and instances of Fund reimbursement are not subject to any statute of limitation.
19. Governing law
19.1 These contract terms and conditions are governed by Italian law.
19.2. In the event these contract terms and conditions are published in English as well, the Italian version shall prevail in the event of a dispute.
20.1. In case the Customer qualifies as a consumer based on Article 3 in the Consumer Code (Legislative Decree No. 206/2005), any dispute relating to these contract terms and conditions, if not settled amicably, shall fall under the exclusive jurisdiction of the courts in the Customer’s place residence or domicile.
20.2. In case the Customer does not qualify as a consumer, the dispute shall fall under the exclusive jurisdiction of the courts of Pisa, Italy.
Terms and conditions of sale of individual tourist services
A) LEGAL AND REGULATORY PROVISIONS
Contracts that cover transport services only, vacation stays only, or any other separate tourist service that cannot be defined as part of a travel contract or a tour package offered by an organisation are governed by the following provisions of the International Convention on Travel Contracts (CCV): Article 1, clauses 3 and 6; Articles 17 to 23; Articles 24 to 31 (limited to those provisions that do not refer to contracts with organisations). These contracts are also governed by other agreements that cover the sale contract of a specific service. Sellers who provide to a third-parties, also electronically, unbundled tourist services shall issue and submit to the Customer all the documents related to such services, specifying also the amount paid for such services, and shall not under any circumstances be considered the tour organisers.
B) CONTRACT CONDITIONS
Such contracts are also subject to the following articles in the general tour package contract terms and conditions stipulated above: Article 4; Art. 5; Art. 13; Art. 16. The application of these articles shall not change the status of such services to be deemed part of the tour package. The terms used in the cited articles that apply to the tour package contract (Organiser, Tour, etc.) shall be considered as referring to the corresponding terms in the individual tourist service sale contract (Seller, Vacation Stay, etc.).
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the parties specifically consent to Paragraph 21.2. of the contract terms and conditions (jurisdiction).
Information on processing of personal data in accordance with Art. 13 of Legislative Decree 196/03: The processing of personal data, required for completing and executing this contract, is performed on paper and in digital form.
The data will be disclosed only to suppliers of services included in this tour package. The Customer may at any moment exercise his/her rights under Art. 7 of Legislative Decree 196/03 by sending an email message to firstname.lastname@example.org. The data controller is Montepisano Territorio Ospitale DMC di Timesis srl.
Montepisano Territorio Ospitale DMC di Timesis srl operates as a tour operator and travel agency with authorization of the Province of Pisa, Provincia di Pisa, dated 15/09/2014, Prot. N. 225817.
Travel Insurance: Allianz Global Assistance. N.196607 from 29/08/2014