General conditions of contract of sale of tourist packages

CONTENT OF THE TOURIST PACKAGE CONTRACT

As well as the general conditions that follow, the description of the tourist package contained in the catalog (online or printed), or in the separate travel program, as well as the booking confirmation that is sent by the organizer to the seller, as agent of the traveler and the latter will have the right to receive it from the same. In signing the proposal for the sale of a package tour, the traveler must keep in mind that it gives for read and accepted, for himself and for those indicated in the contract, both the tourist package contract as governed therein, both the warnings and conditions contained therein, and these general conditions.

LEGISLATIVE SOURCES

The sale of tourist packages and related tourist services is governed by the Tourism Code (Articles 32-51 – novies) as amended by Legislative Decree 62/2018 implementing EU Directive 2015/2302 and its subsequent amendments and by the provisions of the Civil Code on transport and mandate, as applicable.

ADMINISTRATIVE REGIME

The organizer and the seller of the tourist package, to whom the traveler turns, must be qualified to carry out their respective activities under current legislation, including regional or municipal and operate in accordance with the provisions therein. The organizer and the seller established on the Italian territory must be covered by an insurance contract for civil responsibility in favor of the traveler for the compensation of damages resulting from the violation of their obligations under their respective contracts. Contracts for the organization of tourist packages are assisted by insurance policies or bank guarantees which, in cases of insolvency or bankruptcy of the organizer or seller guarantee, without delay upon request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler if the package includes the traveler’s transportation, as well as, if necessary, the payment of food and lodging before the return. This obligation also applies to professionals who facilitate related tourism services, for the reimbursement of all payments they receive from travelers,

DEFINITIONS

For the purposes of this contract the following definitions apply:

(a) “traveler” means any person who intends to enter into a contract, enters into a contract, or is authorized to travel under a package tour or related tourist service contract;

b) “professional”: any natural or legal person, public or private, who, as part of his or her commercial, industrial, artisan or professional activity, acts, in contracts for package tours or related tourist services, including through another person acting in his or her name or on his or her behalf, as an organizer, seller, professional facilitator of related tourist services or supplier of tourist services, in accordance with the regulations in force;

(c) “organizer” means 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 the data relating to the traveler to another professional in accordance with letter c), number 2.4) of Article 33 of the Tourism Code;

(d) “seller” means the professional other than the organizer who sells or offers for sale packages combined by an organizer;

e) “establishment”: the establishment defined by Article 8, paragraph 1, letter e), of Legislative Decree 26 March 2010, n. 59;

f) “durable medium” means any instrument that allows the traveler or professional to store information addressed personally to him in a way that can be accessed in the future for a period of time adequate for the purposes for which it is intended and which allows the identical reproduction of the information stored;

(g) “unavoidable and extraordinary circumstances” means a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;

h) “lack of conformity”: a failure to perform the tourist services included in a package;

i) “minor” means a person under the age of 18 years;

I) “return”: the return of the traveler to the place of departure or to another place agreed upon by the contracting parties.

DEFINITIONS

For the purposes of this contract the following definitions shall apply:

(a) “traveler”: any person who intends to enter into a contract, enters into a contract or is authorized to travel under a tourist package contract or related tourist service;

b) “professional”: any natural or legal person, public or private, who, as part of his or her commercial, industrial, artisan or professional activity, acts, in contracts for package tours or related tourist services, including through another person acting in his or her name or on his or her behalf, in the capacity of organizer, seller, professional facilitator of related tourist services or supplier of tourist services, in accordance with the regulations in force;

(c) “organizer” means 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 the data relating to the traveler to another professional in accordance with letter c), number 2.4) of Article 33 of the Tourism Code;

(d) “seller” means the professional other than the organizer who sells or offers for sale packages combined by an organizer;

e) “establishment”: the establishment defined by Article 8, paragraph 1, letter e), of Legislative Decree 26 March 2010, n. 59;

f) “durable medium” means any instrument that allows the traveler or professional to store information addressed personally to him in a way that can be accessed in the future for a period of time adequate for the purposes for which it is intended and which allows the identical reproduction of the information stored;

(g) “unavoidable and extraordinary circumstances” means a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;

h) “lack of conformity”: a failure to perform the tourist services included in a package;

i) “minor” means a person under the age of 18 years;

I) “return”: the return of the traveler to the place of departure or to another place agreed upon by the contracting parties.

NOTION OF TOURIST PACKAGE AND RELATED TOURIST SERVICE

4.1. The term “tourist package” means the combination of at least two different types of tourist services (i.e.: 1. the transport of passengers; 2. accommodation that does not constitute an integral part of the transport of passengers and is not intended for residential purposes or for long-term language courses; 3. the rental of cars, other vehicles or motorcycles and requiring a category A driving license; 4. any other tourist service that is not 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, nor qualifies as a “supplementary tourist service”) for the purpose of the same trip or vacation, if at least one of the following conditions occurs:

(1) such services are combined by a single professional, including at the request of the traveler or in accordance with the traveler’s selection, before a single contract for all services is concluded;

2) such services, even if concluded under separate contracts with individual tourist service providers, are:

purchased at a single point of sale and selected before the traveler consents to payment;
offered, sold at a flat rate or global price;
advertised or sold under the name “package” or similar denomination;
combined after the conclusion of a contract by which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from separate professionals through a connected online booking process where the name of the traveler, payment details and email address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter professional(s) is concluded no later than 24 hours after the confirmation of the booking of the first tourist service;

4.2. A “connected tourist service” shall mean at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual tourist service providers, if a professional facilitates, alternatively: (1) at the time of a single visit or a single contact with its point of sale, the separate selection and separate payment of each tourist service by travelers; (2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of confirmation of the booking of the first tourist service.

TRAVELER INFORMATION – TECHNICAL SHEET

5.1. Before the conclusion of the tourist package contract or a corresponding offer, the organizer and the seller provide the traveler with the relevant “standard information form” and communicate to the traveler the following information

(a) the main characteristics of the tourist services, such as:

the destination(s) of the trip, the itinerary and the periods of stay with relevant dates and, if accommodation is included, the number of nights included;
the means, characteristics and categories of transportation, the places, dates and times of departure and return, the duration and location of intermediate stops and connections; in the event that the exact time is not yet established, the organizer and, where appropriate, the seller, will inform the traveler of the approximate time of departure and return;
the location, the main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
the meals provided;
the visits, excursions or other services included in the total agreed price of the package;
the tourist services provided to the traveler as a member of a group and, if so, the approximate size of the group;
the language in which the services are provided;
whether the trip or vacation is suitable for persons with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation taking into account the needs of the traveler;

b) the business name and geographical address of the organizer and the seller, their telephone numbers and e-mail addresses;

c) the total price of the package including taxes and all fees, taxes and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable prior to the conclusion of the contract, an indication of the type of additional costs that the traveler may still incur

d) the method of payment, including the amount or percentage of the price to be paid as a deposit, if any, and the schedule for payment of the balance, or the financial guarantees that 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, paragraph 5, letter a) before the beginning of the package for the possible termination of the contract if the number is not reached;

f) information of a general nature regarding passport and visa requirements, including approximate times for obtaining visas, health formalities of the country of destination;

g) information on the traveler’s right to withdraw from the contract at any time before the beginning of the package upon payment of appropriate withdrawal fees or, if applicable, the standard withdrawal fees charged by the organizer;

(h) information on optional or compulsory insurance to cover the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including repatriation, in the event of accident, illness or death:

(i) the details of the coverage to protect in case of insolvency or bankruptcy as well as the contract of liability insurance in favor of the traveler;

5.2. For tourist package contracts concluded by telephone, the organizer or the professional provides the traveler with the information provided by the “standard information form” in Annex A, Part Il, of the Tourism Code.

5.3. In consideration of the wide advance with which the catalogs are published containing information on the modalities of fruition of the services, it is specified that the timetables indicated in the acceptance of the proposal of purchase of the services could undergo variations since they are subject to subsequent validation; the definitive timetables will be communicated in the days preceding the departure and return.

PURCHASE PROPOSAL – RESERVATIONS

6.1. At the moment of the conclusion of the tourist package contract or, in any case, as soon as possible, the organizer or the seller provides the traveler with a copy or confirmation of the contract on a durable medium. 6.2 The traveler is entitled to a hard copy if the tourist package contract has been stipulated in the simultaneous physical presence of the parties.

6.3. 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 tourist package contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium.

6.4. The tourist package contract is understood to be finalized, with the consequent conclusion of the contract, only when the organizer or seller sends confirmation, also by telematic system, to the traveler.

6.5 The traveller has to communicate to the seller, before the booking, any specific requests which are considered as object of the contract only if they are possible, written in the contract and accepted by the organizer.

6.6.1 Travel documents (e.g. vouchers) will be handed over to the traveller in good time before departure and the traveller must keep and carry them with him/her during the trip, in order to be able to use the regularly booked services, together with any other documents (e.g. flight tickets) handed over by the organiser or the seller. The traveler is obliged to verify the correctness of the data reported on the aforementioned documents and on the travel contract and to immediately inform the seller of any errors. The traveller is obliged to inform the seller of the data of the participants exactly as stated on the personal identity documents.

6.7. Any excursions, services or performances purchased and paid for by the travellers at destination are unrelated to this contract. Therefore, no responsibility can be ascribed to the organizer or the seller, not even in the event that, as a courtesy, resident staff, escorts, guides or local correspondents can take care of their booking.

PAYMENTS

7.1. Upon signing the contract must be paid: a) the registration fee or practice management (see art. 8); b) deposit in the amount indicated by the organizer or seller which is paid as a deposit and advance on the price. During the period of validity of the proposal for the sale of the package and / or tourist services indicated and therefore before any booking confirmation which constitutes the completion of the contract, the effects of art.1385 c.c. are not produced.

The balance must be paid within the time limit established by the organizer or seller in its catalog or booking confirmation;

7.2. Failure to pay the above amounts, on the dates established, will result in the automatic termination of the contract to be made by simple written notice, by fax or e-mail at the domicile also electronic, where communicated, of the traveler. The balance of the price is considered to have been paid when the sums are received by the organizer either directly by the traveler or through the seller.

PRICE AND PRICE REVISION

8.1 The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or on the website of the organizer, or program out of print / custom and any updates of the same catalogs or programs out of print subsequently occurred, or on the website of the operator. It may be varied, in increase or decrease, only as a result of changes in: – the price of passenger transport as a function of the cost of fuel or other sources of energy; – the level of fees and taxes on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation or embarkation fees at ports and airports; – exchange rates relevant to the package in question. An increase in price is only possible if the organizer notifies the traveler on a durable medium, together with the justification for such an increase and the method of calculation, at least 20 days before the beginning of the package. If the price increase exceeds 8% of the total price of the package, point 9.2 below applies. In the event of a price reduction, the organiser is entitled to deduct the administrative and handling costs from the refund due to the traveller, for which he is obliged to provide evidence at the request of the traveller.

PRICE AND PRICE REVISION

8.1 The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or on the website of the organizer, or program out of print / made to measure and any updates of the same catalogs or programs out of print subsequently occurred, or on the website of the operator. It may be varied, in increase or decrease, only as a result of changes in: – the price of passenger transport as a function of the cost of fuel or other sources of energy; – the level of fees and taxes on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation or embarkation fees at ports and airports; – exchange rates relevant to the package in question. An increase in price is only possible if the organizer notifies the traveler on a durable medium, together with the justification for such an increase and the method of calculation, at least 20 days before the beginning of the package. If the price increase exceeds 8% of the total price of the package, point 9.2 below applies. In the event of a price reduction, the organiser is entitled to deduct the administrative and handling costs from the refund due to the traveller, for which he is obliged to provide evidence at the request of the traveller.

8.2. The price is composed of: a) registration fee or management fee; b) participation fee: expressed in the catalog or in the quotation of the package provided by the seller to the traveler; e) cost of any insurance policies against the risks of cancellation, withdrawal and / or medical expenses or other services required; d) cost of any visas and entry and exit taxes from the countries of the vacation destination; e) airport charges and taxes and / or port charges.

MODIFICATION, WITHDRAWAL OF THE ORGANIZER OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE

9.1. Before the beginning of the package, the organizer can unilaterally modify the conditions of the contract other than the price, as long as they are minor changes, communicating them to the traveler on a durable medium, also through the seller.

9.2. If, prior to the start of the package, the organizer is forced to significantly modify one or more of the main characteristics of the tourist services or cannot satisfy the specific requests previously accepted and expressly stated in the contract, or proposes to increase the price of the package by more than 8%, the traveler, within a reasonable period specified by the organizer together with the notice of change, can accept the proposed change or withdraw from the contract without paying withdrawal fees. In the event of withdrawal, the organizer may offer the traveler a replacement package of equivalent or superior quality. The notice of change will inform the traveler of the proposed changes, their impact on the price of the package, the deadline within which the traveler must inform the organizer of his decision and the consequences of the traveler’s failure to respond within that period, as well as any replacement package offered and its price.

9.3. If the changes to the tourist package contract or the replacement package result in a package of lower quality or cost, the traveler has the right to an appropriate price reduction.

9.4. In case of withdrawal from the tourist package contract according to the previous paragraph, if the traveler does not accept a substitute package, the organizer will refund without undue delay and in any case within fourteen days from the withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of Article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 Tourism Code apply.

9.5. The organizer may withdraw from the tourist package contract and offer the traveler a full refund of payments made for the package, but is not required to pay additional compensation if:

(a) the number of persons enrolled in the package is less than the minimum stipulated in the contract and the organizer communicates the withdrawal from the contract to the traveler within the time limit set in the contract and in any case no later than 20 days before the start of the package in the case of trips lasting more than 6 days, 7 days before the start of the package in the case of trips lasting between 2 and 6 days, 48 hours before the start of the package in the case of trips lasting less than 2 days;

b) 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

WITHDRAWAL OF THE TRAVELER

10.1. The traveler has the right to withdraw from the contract at any time before the start of the trip, subject to the obligation to pay the costs / penalties of withdrawal as indicated below. In the case of pre-established groups these amounts will be agreed from time to time at the signing of the contract.

10.2 Withdrawal penalties

In case of withdrawal from the travel contract, the traveler is still required to pay the handling fee of € 30 per person.

If the traveler withdraws from the travel contract, the traveler is obliged to pay a penalty, calculated on the basis of the number of days remaining until the start of the journey. The calculation of the number of days does not include the day on which the traveler has communicated the withdrawal.

The written notice of withdrawal must be received within one working day before the start of the trip.

The penalty is calculated as follows

a) withdrawal up to 31 days before the start of the trip: 10% of the total amount;
b) withdrawal from 30 to 21 days before the start of the trip: 25% of the total amount;
c) withdrawal from 20 to 14 days before the start of the trip: 50% of the total amount;
d) withdrawal from 13 to 7 days before the start of the trip: 75% of the total amount;
e) withdrawal within 6 days before the start of the trip: 100% of the total amount.

10.3. These same amounts must be paid by those who cannot make the trip due to lack or irregularity of the required personal documents of expatriation.

10.4. No reimbursement is foreseen for those who do not show up at the booked accommodation or for those who decide to interrupt the trip or stay already undertaken.

10.5. The traveler can take out insurance policies to cover the aforementioned costs of unilateral withdrawal by the traveler or the costs of assistance, including return, in case of accident, illness or death. Depending on the package chosen, the organiser will inform the traveller about the optional or compulsory subscription of such insurance.

10.6. Withdrawal fees are not due in the cases provided for in Article 9 point 2 above. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial effect on the execution of the package or the transport of passengers to the destination, the traveler has the right to withdraw from the contract, before the beginning of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but does not have the right to additional compensation.

10.7. In the case of contracts negotiated off-premises (as defined by art. 45 c.1 lett. h) consumer code), the traveler has the right to withdraw from the contract of sale of tourist package within a period of five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information if later, without penalty and without giving any reason. In cases of offers with rates significantly lower than the current offers, the right of withdrawal is excluded. In the latter case the organizer shall document the change in price with adequate evidence of the exclusion of the right of withdrawal.

CHANGES AFTER DEPARTURE

11.1. If, due to circumstances not attributable to the organizer, it is impossible to provide, during the execution of the contract, a substantial part, in value or quality, of the combination of tourist services agreed upon in the package contract, the organizer offers, at no extra charge to the traveler, suitable alternative solutions of equivalent or higher quality, where possible, than those specified in the contract, so that the execution of the package can continue, including the eventuality that the return of the traveler to the place of departure is not provided as agreed. If the proposed alternative solutions result in a package of lower quality than that specified in the tourist package contract, the organizer shall grant the traveler an appropriate price reduction.

11.2. The traveler can only reject the proposed alternative solutions if they are not comparable to what was agreed in the tourist package contract or if the price reduction granted is inadequate.

11.3. If it is impossible to provide alternative solutions or the traveler rejects the proposed alternative solutions which are in accordance with point 1, the traveler will be granted a price reduction. In the event of non-compliance with the obligation to make an offer, Clause 15.5 shall apply.

11.4. Where, due to unforeseen circumstances not attributable to the organizer, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, points 15.6 and 15.7 apply.

SUBSTITUTIONS AND TRANSFER OF THE CONTRACT TO ANOTHER TRAVELER

12.1 The traveler can have another person substitute himself provided that

a) the organizer is informed no later than seven days before the beginning of the package;

b) the person to whom he intends to transfer the contract meets all the conditions for the use of the service and in particular the requirements relating to passport, visas, health certificates;

c) the services themselves or other replacement services can be provided as a result of the replacement:

d) all administrative and handling costs for the replacement are paid to the organizer, to the extent that will be quantified before the transfer, providing, at the request of the transferor, the priva relating to fees, taxes or other additional costs resulting from the transfer.

12.2. The transferor and the transferee of the tourist package contract are jointly and severally responsible for the payment of the balance of the price and of any rights, taxes and other additional costs, including any administrative and handling costs, resulting from such transfer.

12.3 In application of art. 944 of the Navigation Code, substitution will be possible only with the consent of the carrier.

12.4 If the traveler requests the variation of a tourist element and/or service of an already confirmed practice and provided that the request does not constitute a contractual novation and provided that it is possible to implement it, he/she will have to pay the organizer the administrative and management expenses of the practice and the expenses resulting from the modification itself (in the event that airline tickets have to be reissued, the transfer will involve the application of the air fare available on that date).

OBLIGATIONS OF TRAVELERS

13.1. During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided with general information – updated to the date of printing of the catalog – concerning the conditions of passports and visas, including approximate times for obtaining visas and health formalities of the country of destination.

13.2. For the rules regarding the expatriation of Italian minors, please refer expressly to what is indicated on the website of the State Police. It should be noted, however, that minors must be in possession of an individual document valid for travel abroad (passport, or for EU countries, identity card valid for travel with indication of the names of the parents). Minors under 14 years of age and minors for whom an Authorization issued by the Judicial Authority is required, will have to follow the prescriptions indicated on the website of the State Police http://www.poliziadistato.it/articolo/191/.

13.3. Foreign citizens must be in possession of individual passports and eventual entry visas and will be able to find the necessary and updated information through their diplomatic representations in Italy and/or their respective official government information channels.

13.4 Travellers shall, before departure, check with the competent authorities (for Italian citizens the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Operations Centre on the number 06.491115) that their documents are in order with the indications provided and to comply with them in due time before the beginning of the package. In the absence of such verification, no responsibility for the missed departure of one or more travelers can be attributed to the seller or the organizer.

13.5 Travelers must in any case inform the seller and the organizer of their citizenship before the booking request and, at the time of departure, must ensure that they are equipped with vaccination certificates, individual passports and any other document valid for all countries covered by the itinerary, as well as residence visas, transit visas and health certificates that may be required.

13.6. Furthermore, in order to assess the socio-political and health security situation and any other useful information relating to the countries and places of destination and in their immediate vicinity and, therefore, the objective usability of the services purchased or to be purchased and any substantial impact on the execution of the package, the traveler will have the burden of obtaining official information of a general nature from the Ministry of Foreign Affairs, and disseminated through the institutional site of Farnesina www.viaggiaresicuri.it. The above information cannot be contained in the catalogs of the organizers – online or on paper – as they contain descriptive information of a general nature and not information subject to change by official authorities. Up-to-date information should therefore be assumed by the traveler, viewing all the information on the website of the Ministry of Foreign Affairs (tabs “Countries”, “health on the road” and “warnings”). The traveler is obliged, according to the principle of diligence of the good father of the family, to verify the correctness of his personal documents and of any minors, as well as to provide himself with documents valid for expatriation according to the rules of his own country and the conventions that regulate the matter. The traveller has to take care of the relevant formalities also considering that the seller or the organizer have no obligation to provide visas or documents.

13.7. If at the date of booking the destination chosen is, from the institutional information channels, a place subject to “discouragement or “warning” for security reasons, the traveler who subsequently exercises the withdrawal can not invoke, for the purposes of exemption or reduction of the claim for compensation for the withdrawal made, the lack of contractual cause related to the security conditions of the country.

13.8. Travelers must also adhere to the rules of normal prudence and diligence and to the specific rules in force in the destination countries of the trip, to all the information provided to them by the organizer, as well as to the regulations, administrative or legislative provisions relating to the tourist package. Tourists will be called upon to answer for all damages that the organizer and/or the seller may suffer due to the failure to comply with the above obligations, including the costs necessary for their repatriation. In addition, the organizer may require the traveler to pay a reasonable cost for the assistance provided to him, if the problem is caused intentionally by the traveler or through his fault, within the limits of the expenses incurred.

13.9. The traveler is obliged to provide the organizer or the seller with all the documents, information and elements in his possession which are useful for the exercise of the right of recourse against the persons who have caused or contributed to the occurrence of the circumstances or the event from which the compensation, the price reduction the compensation or other obligations in question, as well as those obliged to provide assistance and accommodation services under other provisions, in the event that the traveler cannot return to the place of departure, as well as for the exercise of the right of subrogation against third parties responsible for the damage and is responsible to the organizer for the prejudice caused to the right of subrogation.

13.10. The traveler must always communicate promptly to the organizer, even through the seller, any lack of conformity found during the execution of the package, as indicated in Article 15 below.

HOTEL CLASSIFICATION

The official classification of hotel facilities is provided in the catalog or other information material only on the basis of the express and formal indications of the competent authorities of the country where the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the EU member countries to which the service refers, or in the case of facilities marketed as “Tourist Village”, the organizer reserves the right to provide in the catalog or brochure its own description of the accommodation, such as to allow an evaluation and subsequent acceptance of the same by the traveler.

RESPONSIBILITY OF THE ORGANIZER FOR INEXACT EXECUTION OF THE PACKAGE

15.1 Pursuant to art. 42 of the Tourism Code, the organizer is responsible for the execution of all the tourist services foreseen by the tourist package contract, regardless of whether such services are to be provided by the organizer himself, by his auxiliaries or supervisors when acting in the exercise of their functions, by third parties whose work he uses or by other providers of tourist services, pursuant to article 1228 of the Civil Code.

15.2. The traveler, pursuant to articles 1175 and 1375 of the Civil Code, must inform the organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any lack of conformity found during the execution of a tourist service provided by the tourist package contract.

15.3. If one of the tourist services is not performed as agreed in the tourist package contract, the organizer will remedy the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the organizer does not remedy the defect, point 16 applies.

15.4 Without prejudice to the exceptions mentioned in the previous paragraph, if the organizer does not remedy the lack of conformity within a reasonable period fixed by the traveler in relation to the duration and characteristics of the package, with the complaint made in due time according to point 13.2, the traveler can remedy the defect himself and ask for the reimbursement of the necessary expenses, provided that they are reasonable and documented: if the organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, there is no need for the traveler to specify a deadline.

15.5. If a lack of conformity, according to article 1455 of the Civil Code, constitutes a non-fulfillment of not insignificant importance of the tourist services included in a package and the organizer has not remedied it within a reasonable period established by the traveler in relation to the duration and characteristics of the package, with the objection made according to point 15.2, the traveler can, without charge, terminate the tourist package contract by right and with immediate effect or, if necessary, request, according to point 16 below, a reduction in price, without prejudice, however, to any compensation for damages. In case of termination of the contract, if the package included the transport of passengers, the organizer will also provide for the return of the traveler with an equivalent transport without undue delay and without additional costs for the traveler.

15.6. If it is impossible to ensure the return of the traveler, the organizer bears the costs of the necessary accommodation, where possible of a category equivalent to what was foreseen in the contract, for a period not exceeding 3 nights per traveler or for the longer period that may be foreseen by the European Union legislation on passenger rights, applicable to the relevant means of transport.

15.7 The limitation of costs referred to in paragraph 15.6 above does not apply to persons with reduced mobility, as defined by art. 2, par. 1, letter a), of Regulation (EC) No 1107/2006, and their companions, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organizer has received notice of their special needs at least 48 hours before the beginning of the package.

PRICE REDUCTION AND COMPENSATION FOR DAMAGES

16.1. The traveler has the right to an appropriate reduction in price for the period during which there has been a lack of conformity, unless the organizer proves that this defect is attributable to the traveler.

16.2 The traveler has the right to receive adequate compensation from the organizer for any damage he may have suffered as a result of a lack of conformity.

16.3 The traveler is not entitled to compensation if the organizer proves that the lack of conformity is attributable to the traveler or to a third party not involved in the supply of the tourist services included in the tourist package contract and is unforeseeable or unavoidable or is due to unavoidable and extraordinary circumstances.

16.4. The organizer is subject to the limitations provided by the international conventions in force that bind Italy or the EU, relating to the extent of compensation or the conditions under which it is due by a supplier who provides a tourist service included in a package.

OBLIGATION OF ASSISTANCE

17.1 The organizer shall provide adequate assistance without delay to the traveler who finds himself in difficulty also in the circumstances referred to in paragraph 15.7, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and by assisting the traveler in making long-distance communications and helping him to find alternative tourist services.

17.2 The traveler may address messages, requests or complaints relating to the performance of the package directly to the seller through whom he/she purchased it, who, in turn, will promptly forward such messages, requests or complaints to the organizer.

RESPONSIBILITY OF THE SELLER

The seller must indicate his capacity and is exclusively responsible for the execution of the mandate conferred on him by the traveller with the travel intermediation contract, regardless of whether the service is rendered by the seller himself, by his auxiliaries or assistants when they act in the exercise of their functions or by third parties whose work he uses, since the fulfilment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.

INSURANCE AGAINST THE COSTS OF CANCELLATION AND REPATRIATION

If not expressly included in the price, it is possible and advisable to stipulate at the time of booking at the offices of the organizer or the seller special insurance policies to cover the costs of cancellation (always due except for specific exceptions provided by the Tourism Code) referred to in paragraph 10, as well as those arising from accidents and/or illness that also cover the cost of repatriation and loss of and/or damage to luggage. The rights arising from insurance contracts must be exercised by the traveler directly against the contracting Insurance Companies, under the conditions and in the manner provided in the policies themselves, paying attention, in particular, to the timing for the opening of the claim, the deductibles, limitations and exclusions. The insurance contract in place between the traveler and the insurance company has the force of law between the parties and exerts its effects between the traveler and the insurance company pursuant to art. 1905 Civil Code.

Travelers, at the time of booking, must notify the seller of any specific needs or problems for which it would be necessary and/or appropriate to issue policies other than those proposed by the organizer or included in the price of the package.

ALTERNATIVE MEANS OF DISPUTE RESOLUTION

The organizer will provide the traveler with information regarding any existing complaint handling procedures and Alternative Dispute Resolution (ADR) mechanisms, pursuant to Legislative Decree No. 206 of September 6, 2005 and, if any, the ADR body by which the professional is regulated and the online dispute resolution platform pursuant to Regulation (EU) No. 524/2013.

GUARANTEES TO THE TRAVELER

21.1. The organizer and the seller established in Italy are covered by insurance contracts for civil liability in favor of the traveler for compensation for damages resulting from the violation of their respective obligations under their respective contracts.

Montepisano DMC Territorio Ospitale di Timesis srl declares that it is covered by a contract for civil responsibility with ALLIANZ S.P.A., Policy n. 253041910.

21.2. The contracts for the organization of tourist packages are assisted by insurance policies or bank guarantees which, for trips abroad and trips within a single country, including trips to Italy, in cases of insolvency or bankruptcy of the organizer or seller guarantee, without delay at the request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler if the package includes the transportation of the traveler, as well as, if necessary, the payment of food and lodging before the return. As an alternative to reimbursement of the price or immediate return, the traveler may be offered continuation of the package in the manner set forth in Articles 40 and 42 of the Tourism Code.

In accordance with the provisions of the 2nd paragraph of Article 50 of the Tourism Code (Legislative Decree no. 79 of 23/05/2011) and the EU Directive 2015/2302 of 25/11/201, Montepisano dmc Territorio Ospitale di Timesis srl has entered into an insurance policy with the company NOBIS S.p.A. for the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist in cases of insolvency or bankruptcy of the operator.
Policy number Montepisano Guarantee Fund dmc Territorio Ospitale di Timesis srl: 6006001189/T

21.3 The same guarantees shall be provided by professionals facilitating related tourist services for the reimbursement of all payments they receive from travelers, to the extent that a tourist service that is part of a related tourist service is not performed due to the insolvency or bankruptcy of the professionals.

INDIVIDUAL TOURIST SERVICES AND RELATED TOURIST SERVICES

Contracts having as their object the offer of only the transport service, accommodation, or any other separate tourist service, not being able to confi gure as a negotiated case of travel organization or tourist package, do not enjoy the protections offered by EU Directive 2015/2302 and the Tourist Code. (articles 32 to 51nonies) and are governed by the provisions specifically referring to the sale of the individual service covered by the contract. The seller who undertakes to procure an unbundled tourist service to a third party, including by electronic means, is required to issue the traveler with documents relating to this service, showing the amount paid for the service, and cannot in any way be considered a travel organizer.

DATA PROTECTION

Information on the processing of personal data pursuant to art. 13 d.lgs. n. 196/03.

The processing of personal data, the provision of which is necessary for the conclusion and execution of the contract, is carried out in paper and digital form.

The data will be communicated only to suppliers of services included in the tourist package. Tourists may at any time exercise their rights under Art. 7 of Legislative Decree no. 196/03 by writing to this e-mail address: info@montepisano.travel. The holder of the treatment is Montepisano Territorio Ospitale DMC of Timesis srl

TECHNICAL SHEET

Technical organization

Montepisano DMC Hospitable Territory of Timesis srl | largo Shelley, 20 – 56017 S. Giuliano Terme (PI)
VAT 01164510503 | REA 104974
License N. 225817 of 15/09/2014 issued by the Province of Pisa
Liability policy Allianz n. 253041910
Guarantee fund policy: NOBIS S.p.A. n.6006001189/

OBLIGATORY COMMUNICATION UNDER ARTICLE 17 OF LAW N° 38/2006. “Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad.