Terms and Conditions
GENERAL CONTRACT TERMS AND CONDITIONS FOR THE SALE OF TOUR PACKAGES
Wild Sage Srl • Via Alessandro d’Ancona 116, 50135, Firenze (Fi), Italy
Tel +39 338 124 8167 or +39 339 874 9238
firstname.lastname@example.org • www.wildsage.it
P.lva & C.F: 07240450481 • PEC: email@example.com
Nr REA FI – 689685 della Camera di Commercio di Firenze
Polizza RC NR: 502114224 Allianz Insurance company
Hereafter referred to as the Organizer
The following General Terms and Conditions construe the Contract between Wild Sage Srl and the Traveler, and apply to any TOUR PACKAGE sold by Wild Sage Srl. The Travel Contract of a tour package is composed by the below terms and conditions together with the program described in the itinerary as well as by the confirmation of the services booked by the Traveler. The confirmation of any service implies that the Traveler, or any participant listed in the booking, has read and accepted the regulations relevant to the Travel Contract, the terms and conditions below, and any information contained in the program and the sales proposal.
GENERAL CONDITIONS OF TOUR CONTRACT
The tour contract includes the general terms and conditions below plus the information contained in the itinerary as sent to the Traveler. In signing the tour contract, the Traveler declares to have understood and accepted, for him/herself and for any others purchasing the tour package, both the travel contract as governed therein and the warnings contained therein, and the present general conditions.
1. LEGAL REFERENCES
The sale of tour packages, which are services provided in both national and international territories, is governed by articles 32-51 novies of Legislative Decree no. 79 of May 23, 2011 (the so-called “Tourism Code,” hereafter CdT), as currently amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302, as well as by the provisions of the Civil Code in terms of transport, service contract and mandate as applicable, and the Navigation Code (RD No. 327 of 30.03.1942). The Italian jurisdiction shall have exclusive jurisdiction over any legal dispute which might arise concerning the interpretation, application and enforcement of the contracts governed by these general conditions.
2. ADMINISTRATIVE RULES
The organizer and the agency selling the tour package purchased by the Traveler must be authorized to carry out their respective activities according to the legislation in force. Before the conclusion of the contract, the Organizer and the seller make known to third parties the details of the insurance policy for the coverage of risks deriving from civil professional liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the seller, each for its own responsibility, for the purpose of return of the sums paid or the return of the traveler to the place of departure.
3. DEFINITIONS (ARTICLE 33 CdT)
For the purposes of this contract, the following are defined as:
a) Traveler: anyone intending to conclude a contract or is authorized to travel on the basis of an organized tourism contract;
b) Professional: any natural or legal public or private person who, in the context of his or her commercial, industrial, craft or professional activity, operates within the contracts of organized tourism, also through another person acting in his/her name or on his/her behalf as an organizer, seller, or professional facilitating related travel services or providing tourist services, in accordance with current legislation;
c) Organizer: the professional who combines packages and sells them or offers them for sale directly or through or together with another professional;
d) Seller: the professional other than the Organizer who sells or offers packages combined by an organizer.
4. CONCEPT OF TOURIST PACKAGE (Article 33, paragraph 1, No. 4, letter c) CdT)
A tourist package is defined as the “combination of at least two different types of tourist services for the purpose of the same trip or holiday, if at least one of the following conditions occurs:
1) that such services are combined by a single professional, even at the request of the traveler or in accordance with his/her selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual tourist service providers, are:
2.1) purchased at a single point of sale and selected before the traveler consents to payment;
2.2) offered, sold or billed at a flat or global price;
2.3) advertised or sold under the designation “package” or similar name;
2.4) combined after the conclusion of a contract with which the trader allows the traveler to choose between a selection of different types of tourist services, or purchased from different professionals through connected online booking processes where the name of the traveler, the details of the payment and the e-mail address are transmitted by the professional with whom the first contract is concluded to one or more professionals, and the contract with the latter or the latter professionals is concluded no later than 24 hours after the confirmation of the reservation of the first tourist service.
5. PRE-CONTRACTUAL INFORMATION TO THE TRAVELER (ARTICLE 34 CdT)
1. Before the conclusion of the tourist package contract or a corresponding offer, the organizer and, in the event that the package is sold through a seller, the latter, provide the traveler with the relevant standard information form in Annex A, Part I or Part II of the CdT, as well as the following information:
a) the main characteristics of tourist services, such as:
1) the destination or destinations of the trip, the itinerary and the periods of stay with relative dates and, if the accommodation is included, the number of nights included;
2) the means, characteristics and categories of transport; places, dates and times of departure and return; duration and location of intermediate stops and connections; in case the exact time is not yet established, the organizer and, where appropriate, the seller, inform the traveler of the approximate time of departure and return;
3) the location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
4) meals provided;
5) visits, excursions or other services included in the total agreed price of the package;
6) tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group;
7) the language in which the services are provided;
8) if the trip or the holiday is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or holiday taking into account of the traveler’s needs;
b) the commercial name and the geographical address of the organizer and, where present, of the seller, their telephone numbers and e-mail addresses;
c) the total price of the package including taxes, all fees, and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs that the traveler might still have to bear;
d) the method of payment, including any amount or percentage of the price to be paid as a down payment and the calendar for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
e) the minimum number of people required for the package and the deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for the eventual termination of the contract in case of failure to reach the number;
f) general information concerning the conditions on passport and visa requirements, including approximate times for obtaining visas and the health formalities of the country of destination;
g) information on the option for the traveler to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal expenses, or, if any, of the standard withdrawal costs requested by the organizer pursuant to article 41, paragraph 1 of the CdT;
h) information on the optional or compulsory acquisition of an insurance policy covering the costs of unilateral termination of the contract by the traveler or the costs of assistance; including the return, in case of accident, illness or death;
i) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 CdT.
2. For tourism package contracts referred to in Article 33, paragraph 1, letter d), stipulated by telephone, the organizer or professional shall provide the traveler with the standard information referred to in Annex A, Part II, to this decree, and the information referred to in paragraph 1.
6. CONCLUSION OF THE TOURIST PACKAGE CONTRACT (ARTICLE 36 CdT)
1. The proposal for the purchase and sale of a tourist package must be drawn up on a specific contract form, if applicable electronically or, in any case, on a durable medium, completed in every part and signed by the customer, who will receive a copy. The acceptance of the offer for the sale of the tourist package is considered completed, with the consequent conclusion of the contract, only when the organizer sends a confirmation, also by electronic means, to the traveler at the Travel Agency or Tour Operator, who will take care of the delivery to the same traveler. The indications relating to the tourist package not contained in the contractual documents, in the brochures, or in other means of written communication will be provided by the organizer, in regular fulfillment of the obligations provided for by art. 36, paragraph 8, CdT, before the start of the trip.
2. Special requests regarding the methods of delivery and/or execution of certain services included in the tour package, including the need for airport assistance for people with reduced mobility, and/or the request for special meals, must be advanced during the booking request and be subject to specific agreement between Traveler and Organizer, through the mandatory Travel Agency or Tour Operator.
3. In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the package travel contract within a period of five days from the date of conclusion of the contract or from the date on which he/she receives the contractual conditions and the preliminary information if later, without penalty and without giving any reasons.
In the case of offers with rates significantly lower than current offers, the right of withdrawal is excluded. In this latter case, the organizer makes note of the price variation and makes clear the exclusion of the right of withdrawal (Article 41, paragraph 7, CdT).
1. Unless otherwise indicated in the pre-contractual information or in the contract, when signing the purchase offer for the tourist package, the following must be paid:
a) the registration fee or administrative fees (see art.8);
b) deposit of the price of the tourist package published in the catalog or in the quotation of the package provided by the Organizer. The balance must be paid in full and not postponed within the term established by the Tour Operator in its catalog or in the booking confirmation of the service/package requested;
2. For reservations after the date indicated as the deadline for paying the balance, the full amount must be paid at the time of signing the purchase proposal;
3. Failure to pay the sums referred to above on the agreed dates, as well as the failure to return to the Tour Operator any sums paid by the Traveler to the Seller, and any warranty actions pursuant to art. 47 CdT against the latter, constitutes an express termination clause pursuant to art. 1456 cod. civ. resulting in the right of termination by a simple written communication, by fax or by e-mail, at the seller’s agency, or at the electronic address, where communicated, of the traveler. The balance of the price is considered to have taken place when the sums reach the organizer directly from the traveler or through the intermediary Travel Agency from the same chosen traveler.
8. PRICE (ARTICLE 39 CdT)
1. The price of the tourist package is determined in the contract with reference to what is indicated in the catalog or itinerary and to any updates of that itinerary.
2. After conclusion of the tourist package contract, prices may be increased as indicated by the Organizer, with a maximum of 8% only if the contract provides expressly and accurately that the traveler is entitled to a corresponding price reduction, as well as how to calculate the price revision. In this case, the traveler has the right to a reduction in the price corresponding to the reduction in costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the start of the package.
3. Price increases are possible only as a result of changes concerning:
a) the price of passenger transport based on the cost of fuel or other energy sources;
b) the level of taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and boarding in ports and airports;
c) exchange rates relevant to the package.
4. If the price increase referred to in this article exceeds 8% of the total price of the package, article 40, paragraphs 2, 3, 4 and 5 CdT applies.
5. An increase in price, regardless of amount, is possible only after clear and precise communication on durable support by the organizer to the traveler, together with the justification for this increase and the method of calculation, at least twenty days before the start of the package.
6. In the event of a price reduction, the organizer is entitled to deduct the administrative and management costs of the actual practices from the reimbursement due to the traveler, which he/she is obliged to provide proof upon request by the traveler.
9. AMENDMENT OR CANCELLATION OF THE TOUR PACKAGE BEFORE DEPARTURE (ARTICLE 40 CdT)
1. Before the start of the tour, the organizer can not unilaterally modify the conditions of the contract other than the price in accordance with Article 39, unless this right has been reserved in the contract and the change is of little importance. The organizer communicates the change to the traveler in a clear and precise manner on a durable medium.
2. If, before the start of the tour, the organizer is forced to change significantly one or more main features of the tourist services referred to in Article 34, paragraph 1, letter a), or cannot meet the specific requests referred to in Article 36 (5) (a), or proposes to increase the package price by more than 8% pursuant to Article 39, paragraph 3, the traveler, within a reasonable period specified by the organizer, can accept the proposed modification or withdraw from the contract without corresponding withdrawal expenses. In case of withdrawal, the organizer can offer the traveler a replacement package of equivalent or superior quality.
3. The organizer shall inform the traveler in a clear and precise manner on a durable medium without undue delay:
a) of the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 4;
b) a reasonable period within which the traveler is required to inform the organizer of his decision pursuant to paragraph 2;
c) the consequences of the traveler’s failure to reply within the period referred to in letter b) and of any replacement package offered and the relative price.
4. If the changes to the tourist package contract or the replacement package referred to in paragraph 2 involve a package of lower cost or quality, the traveler is entitled to an adequate price reduction.
5. In case of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer will refund without undue delay and in any case within fourteen days from the termination of 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 (CdT) apply.
10. WITHDRAWAL OF THE TRAVELER (ARTICLE 41 CdT)
1. The traveler may withdraw from the tourist package contract at any time before the start of the tour, upon reimbursement to the organizer of any adequate and justifiable expenses incurred.
2. The Traveler may terminate the package travel contract at any time before the start of the package. Where the Traveler terminates the package travel contract under this paragraph, the Traveler may be required to pay a termination fee to the Organizer. A declaration of withdrawal must be made in writing within the deadline of one working day prior to the booked departure date (the day in which the cancellation is declared is not included in the count).
3. The tourist package contract may provide for standard cancellation fees, calculated based on the time of withdrawal from the contract and the expected cost savings and income provided that derive from the reallocation of tourist services.
4. In the absence of specification of the standard withdrawal penalties, the amount of the cancellation penalties corresponds to the price of the package less the cost savings and the revenues deriving from the reallocation of tourist services.
Cancellation fees are the following:
Up to 90 days before departure: €150 will be retained from your deposit, or you can transfer the full deposit to another trip with us
89 – 60 days before departure: 33% of the trip price per person
59 – 31 days before departure: 50% of the trip price per person
30 – 15 days before departure: 75% of the trip price per person
15 – 0 days before departure: 100% of the trip price per person
If the Traveler cuts short the holiday in circumstances depending on him/herself, and where he/she has no reasonable cause for complaint about the Organizer’s services, the Traveler is not entitled to any refund, nor to be assisted with any associated costs he/she may incur. The Traveler will not be entitled to any refund if the services booked are refused by suppliers due to lack of valid personal identity documents/visas or other reasons referred to following art. 13.
The cancellation date will be the one when the Organizer receives the Traveler’s written notification.
For any changes to the reservation after its confirmation, a fee of 30 euros per booking will be charged. Changes occurring within 30 days from the departure date are considered cancellations. In this case, the above mentioned “cancellation fees” are applied. No refund will be granted to the traveler in case the organizer cannot accommodate the traveler’s change request/s.
4. In case of unavoidable and extraordinary circumstances occurring at the destination or in its immediate vicinity and having a substantial impact on the implementation of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract before the start of the package without corresponding withdrawal costs, and to the full reimbursement for the package, but is not entitled to additional compensation.
5. The organizer may withdraw from the tourist package contract and offer the traveler a full refund of the payments made for the package but is not required to pay additional compensation if:
a) the number of persons registered in the package is lower than the minimum specified in 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 tour in the case of journeys lasting more than six days, seven days before the start of the tour for journeys lasting between two and six days, forty-eight hours before the start of the tour for journeys lasting less than two days;
b) the organizer is not able to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the traveler without unjustified delay before the start of the package.
6. The organizer proceeds to all reimbursements required pursuant to paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1 and 3, reimburse any payment made by or for the traveler’s account for the package after deducting the appropriate expenses, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5 the contracts with third parties are also terminated.
11. REPLACEMENTS AND SALE OF THE TOURIST PACKAGE TO ANOTHER TRAVELER (ITEM 38 CdT)
1. The traveler, upon notice to the organizer on a durable medium no later than seven days before the start of the package, may transfer the tourist package contract to a person who meets all of the conditions for using the service.
2. The transferor and the assignee of the package travel contract are jointly responsible for the payment of the balance of the price and of any rights, taxes and other additional costs, including any administrative and management costs of the practices resulting from this sale.
3. The organizer shall inform the transferor of the actual costs of the assignment, which can not be unreasonable and which do not exceed the expenses actually incurred by the organizer in consequence of the transfer of the tourist package contract, and provides the assignor with proof of the rights, taxes or other additional costs resulting from the sale of the contract.
4. The Traveler requesting the variation of an element relating to a previously confirmed practice, provided that the request does not constitute a contract novation and assuming that implementation is possible, the tour operator will pay, in addition to the costs resulting from the modification, a fixed flat-rate cost.
12. OBLIGATIONS OF TRAVELERS
1. During the negotiations and in any case before the conclusion of the contract, the Traveler shall be provided with general information in writing concerning passports and visas and health formalities necessary for expatriation.
2. For the rules regarding the expatriation of minors, please refer to what is indicated on the site of the State Police. It is however specified that minors must be in possession of a personal document valid for expatriation or passport, or for EU countries, also valid identity card for expatriation. Regarding the expatriation of children under 14 and the expatriation of minors for which the Authorization issued by the Judicial Authorities is necessary, the prescriptions indicated on the Police website: http://www.poliziadistato.it/articolo/191/
3. Travelers will still need to retrieve the corresponding information through their diplomatic representations and/or their official government information channels. Travelers must check the latest information with the competent authorities before departure (for Italian citizens this is the local police headquarters or the Ministry of Foreign Affairs through the site www.viaggiaresicuri.it or the Telephone Operational Center at 06.491115) and make sure they fulfill the latest requirements. In the absence of such verification, no responsibility for the failure of departure of one or more travelers may be imputed to the selling agency or organizer.
4. Travelers must inform the seller and the organizer of their citizenship at the time of booking request for the tourist package or service, and at the time of departure they must check that they have the required vaccination certificates, their individual passport, and any other document required for all destinations in the itinerary, as well as residence visas, transit visas, and health certificates that may be required.
5. In addition, in order to evaluate the situation of socio-political security, health, and any other useful information concerning the destination countries and, therefore, the objective use of the services purchased or to be purchased, the traveler is responsible for informing him or herself about the official information at their Foreign Ministry (for Italians, at the website of the Farnesina: www.viaggiaresicuri.it).
The information above is not contained in the Tour Operator’s website or itineraries since the latter contain general descriptive information and not constantly changing information.
The same, therefore, must be assumed by the Travelers. Travelers will also have to comply with the rules of normal care and diligence, with the specific rules in force in the destination countries of the trip, with all of the information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to the tourism package. Travelers will be called to answer for all damages that the organizer and/or seller suffer due to the failure to comply with the obligations indicated above, including the expenses necessary for their repatriation.
6. The organizer or seller who has indemnified or reduced the price, paid compensation for damages or was forced to comply with other obligations prescribed by the law, has the right of recourse against those who have contributed to the occurrence of the circumstances or the event from which the indemnity, the reduction of the price, compensation for the damage or the other obligations in question, as well as those required to provide assistance and accommodation services under other provisions, in the event that the traveler can not return to the place of departure. The organizer or seller who has compensated the traveler is subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards the third parties responsible; the traveler provides the organizer or seller with all of the documents, information, and elements in his/her possession useful for the exercise of the right to subrogation (Article 51d CdT).
13. LEGAL RESPONSIBILITY OF THE ORGANIZER (ARTICLE 42 CdT)
1. The Organizer is responsible for the execution of the tourist services provided for in the tour package contract, regardless of whether these tourist services are to be provided by the organizer himself, by his auxiliaries, or persons in charge when they act in the exercise of their functions, by the third parties whose work he/she uses or by other providers of tourist services, in accordance with Article 1228 of the Civil Code.
2. The traveler, in accordance with articles 1175 and 1375 of the civil code, promptly informs the Organizer, directly or through the seller, taking into account the circumstances of the case, any part of the tourist service not in conformity with the service provided for by the tourist package contract.
3. If one of the tourist services is not performed according to what is agreed in the tourist package contract, the Organizer remedies the lack of conformity, unless this proves impossible or is 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, Article 43 applies.
4. Aside from the exceptions referred to in paragraph 3, if the Organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the dispute made pursuant to paragraph 2, the traveler can personally remedy the defect and request reimbursement of the necessary, reasonable, and documentable expenses; if the Organizer refuses to remedy the lack of conformity or if it is necessary to deal with it immediately, the traveler does not need to specify a deadline.
5. If a lack of conformity, pursuant to Article 1455 of the Civil Code, constitutes a non-negligible default of the tourist services included in a package, and the Organizer has not issued a reimbursement within a reasonable period established by the traveler in relation to the duration and characteristics of the package, with the objection made pursuant to paragraph 2, the traveler may, without charge, terminate the tourist package contract by right and with immediate effect or, where appropriate, request a price reduction in accordance with Article 43, without however any compensation for damages. In the event of termination of the contract, if the package included the transport of passengers, the Organizer also provides for the return of the traveler with an equivalent transport without undue delay and without additional costs for the traveler.
6. Where it is impossible to ensure the return of the traveler, the Organizer shall bear the costs of the necessary accommodation, when possible of a category equivalent to what was stipulated in the contract, for a period of not more than three nights per traveler or for the longest period as may be required by E.U. legislation on passenger rights.
7. The limitation of costs referred to in paragraph 6 shall not apply to persons with reduced mobility, as defined in Article 2, paragraph 1, letter a) of Regulation (EC) no. 1107/2006, and to their accompanying persons, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the Organizer has received notification of their particular needs at least 48 hours before the start of the tour. The Organizer can not invoke unavoidable and extraordinary circumstances to limit the liability mentioned in this paragraph where the transport service provider can not rely on the same circumstances under the applicable E.U. legislation.
8. If, during the course of the tour, circumstances beyond the Organizer’s control make it impossible to provide a substantial part, by value or quality, of the combination of tourist services agreed in the tour package contract, the Organizer offers, without additional cost to the traveler, suitable alternative solutions that are equivalent or higher in quality where possible than those specified in the contract, so that the execution of the package can continue, including the possibility that the traveler is not returned to the place of departure as agreed. If the proposed alternative solutions result in a lower quality package than the one specified in the travel contract, the Organizer grants the traveler an appropriate price reduction.
9. The traveler may reject the proposed alternative solutions only if they are not comparable to what was agreed in the tour contract or if the reduction in the price granted is inadequate.
10. If it is impossible to provide alternative solutions or the traveler rejects the proposed alternative solutions, in compliance with the provisions of paragraph 8, the traveler is granted a price reduction. If the Organizer does not offer the reduced price referred to in paragraph 8, paragraph 5 shall apply.
11. Where, due to circumstances that are out of the Organizer’s hands, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, paragraphs 6 and 7 apply.
14. LEGAL RESPONSIBILITY OF THE SELLER (Articles 50 – 51 quater CdT)
1. The Seller is responsible for the execution of the mandate given by the traveler with the travel brokerage contract, regardless of whether the service is rendered by the seller himself, by his auxiliaries, or persons in charge when they act in the exercise of their functions or by third parties whose work the Seller makes use of, in order to fulfill the obligations he/she has assumed and which are assessed with regard to the diligence necessary for the exercise of the corresponding professional activity.
2. The Seller is not responsible for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
3. The traveler’s right to compensation for damages related to the responsibility of the Seller extends for two years following the date of the traveler’s return to the place of departure.
15. LIMITS OF COMPENSATION (Article 43, paragraph 5)
The tour package contract may provide for the limitation of compensation payable by the organizer, except for personal injury or those caused intentionally or by fault, provided that this limitation is not less than three times the total price of the package. The right to compensation for personal damages extends for three years following the traveler’s return to the place of departure or in the longer period provided for compensation of personal damage by the provisions regulating the services included in the package.
16. POSSIBILITY TO CONTACT THE ORGANIZER THROUGH THE SELLER (ITEM 44 CdT)
1. The Traveler can direct messages, requests or complaints related to the execution of the package directly to the Seller through whom he/she purchased it, which, in turn, forwards such messages, requests or complaints to the Organizer in a timely manner.
2. For the purposes of compliance with the terms or periods of validity, the date on which the seller receives messages, requests or complaints referred to in paragraph 1 is considered the date of receipt also for the Organizer.
17. OBLIGATION OF ASSISTANCE (ARTICLE 45 CdT)
1. The organizer shall provide adequate assistance without delay when a traveler is in difficulty even under the circumstances referred to in Article 42, paragraph 7 CdT, in particular by providing appropriate information on health services, local authorities, and consular assistance, and help the traveler with long-distance communications and in finding alternative tourism services.
2. The organizer may demand payment of a reasonable cost for such assistance if the problem is intentionally caused by the traveler or by his/her own fault, within the limits of the expenses actually incurred.
18. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES (Article 47, paragraph 10 of the CdT)
If not expressly included in the tour package, it is advisable to purchase special insurance policies at the time of booking that cover expenses arising from cancellation of the package, accidents and/or diseases, and also cover the costs of repatriation and loss and/or damage to baggage. The rights derived from the insurance contract must be exercised by the traveler directly with the insurance company, under the conditions and in the manner provided for in the policies themselves.
19. ALTERNATIVE TOOLS FOR SETTLING DISPUTES (Article 36, paragraph 5, letter g) CdT)
The organizer can propose to the traveler (in the itinerary, in documentation, on their website or in other forms) alternative resolution of potential conflicts (ADR – Alternative Dispute Resolution), pursuant to Legislative Decree 206/2005. In this case the organizer will indicate the type of alternative resolution proposed and what it entails.
20. PROTECTION OF THE TRAVELER (ARTICLE 47 CdT)
1. The organizer and the seller established in Italy are covered by a civil liability insurance contract in favor of the traveler for damages deriving from the violation of the respective obligations assumed with the respective contracts.
2. The tour package contracts are covered by insurance policies or bank guarantees or by the Funds referred to in paragraph 3 of art. 47 of the CdT, which, for travel abroad and trips that take place within a single country, including travel in 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 in the event that the package includes the transportation of the traveler, as well as, if necessary, the payment of food and accommodation before returning. The guarantee is effective, appropriate to the volume of business and covers reasonably foreseeable costs, the amounts of payments made by or on behalf of travelers in relation to packages, taking into account the duration of the period between the payments on account and the final balance and completion of the packages, as well as the estimated cost of repatriation in the event of insolvency or bankruptcy of the organizer or seller.
3. Travelers shall benefit from protection in the event of insolvency or bankruptcy of the organizer or seller irrespective of their place of residence, place of departure, or place of sale of the package and irrespective of the nation in which the entity appointed to provide protection in the event of insolvency or bankruptcy is established.
4. In the cases provided for in paragraph 2, as an alternative to reimbursement of the price or immediate return, the continuation of the package can be offered to the traveler in the manner specified in the articles 40 and 42 CdT.
21. OPERATIONAL CHANGES
Given how far in advance itineraries are created and sent out, the information regarding services and schedules purchased in the tour package may be subject to change. To this end, the traveler must request confirmation of the services before departure. The Organizer will inform the passengers of the actual carrier within the time frame and in the manner provided for in Article 11 of the EC Reg 2111/2005.
22. Information pursuant to art. 13 of Legislative Decree 196/2003 and of art. 13 of Regulation (EU) 2016/679 Pursuant to art. 13 of Legislative Decree 196/2003 (“Privacy Code”) and art. 13 of Regulation (EU) 2016/679, laying down provisions for the protection of persons and other subjects regarding the treatment of personal data, we wish to inform you that the personal data you provide will be processed in compliance with the aforementioned law and the confidentiality obligations held by the undersigned company.
23. OBLIGATORY COMMUNICATION WITHIN THE MEANING OF ARTICLE 17 OF LAW No. 38/2006.
“Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad”