GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS FOR TOURIST PACKAGES CONTENT OF THE SALE CONTRACT FOR TOURIST PACKAGES
General Terms and Conditions are part of the travel contract, together with the description of the travel package and the booking confirmation of the services requested by the guest/traveler. When the guest/traveler confirms the purchase of the travel package, he or she has accepted, even on behalf of those who will participate in the travel, both the present General Terms and Conditions and any other advice reported in them.
- LEGISLATIVE SOURCES
The sale of tourist package regarding services to be provided both within national boundaries and abroad is governed – until its repeal by art. 3 of D. Leg. 79 of 23 May 2011 (the “Tourism Code”) – by L.27/12/1977 no. 1084 ratifying and implementing the International Convention relative to travel contracts (CCV) signed in Brussels on 23.4.1970 – as applicable – as well as by the Tourism Code (art. 32-51) and its subsequent amendments and by the Civil code if applicable.
- AUTHORIZATIONS
The organizer and the intermediary of the tourist package, to whom the tourist applies, must be authorized to carry out their services in accordance with the applicable administrative regulations, even regionally. Pursuant to art. 18, paragraph VI, of the Tourism Code, the use of the company name or title in connection with the words “travel agency”, “tourism agency”, “tour operator”, “travel broker” or other words or phrases, even in a foreign language, of a similar nature, is permitted exclusively to authorized firms, as referred to in the first paragraph.
- DEFINITIONS
In accordance with this contract the following are understood as: a) travel organizer: the party who undertakes in his own name and upon lump sum payment to provide third parties with tourist packages, carrying out the combination of the elements pursuant to art. 4, offering the tourist, even by means of a system of long distance communication, the ability to carry out and acquire this combination automatically; b) intermediary: the party who, even on a non-professional or non-profit basis, sells or undertakes to provide tourist packages realized pursuant to art. 4, upon lump sum payment; c) tourist: the purchaser, the assignee to whom the tourist package is assigned, or any person, even not yet appointed, on condition that he/she complies with all the conditions required for using the service, on behalf of whom the principal contractor commits to purchase, without remuneration, a tourist package.
- NOTION OF TOURIST PACKAGE
A tourist package is defined as follows: “The object of a tourist package concerns travelling, holidays, and “all inclusive” itineraries, cruise tourism, resulting from the combination, in whatever and in whichever way carried out, of at least two elements indicated as follows, sold or offered for sale for a fixed sum: a) transportation; b) accommodation; c) tourist services not related to transportation or accommodation of which under art. 36 constitute for the satisfaction of the recreational needs of the tourist, a significant part of “tourist packages” (art. 34 Tourism Code). The tourist is entitled to receive a copy of the contract of sale of the tourist package (prepared in compliance with art. 35 of the Tourism Code). The contract constitutes entitlement to the guarantee Fund referred to in art. 21.
- TOURIST INFORMATIONS – TECHNICAL FILE
The promoter draws up a catalogue, or a brochure program – also in electronic form or by electronic means – a technical file. The compulsory elements of the technical file or the program outside the catalogue are:
– details of the promoter’s administrative authorization or, if applicable, the D.I.A. or S.C.I.A. of the promoter;
– details of the public liability insurance certificate;
– validity period of the catalogue or of the brochure program;
– terms and conditions of the substitution of traveler (art. 39 Tourism Code);
– parameters and adjustment criteria regarding price of the journey (art. 40 Tourism Code).
The promoter will also include other eventual particular conditions in the technical sheet.
At the time of conclusion of the contract the organizer will also inform the passengers about the identity of the actual vector/s in effect, without prejudice to art. 11 of EC Regulation2111/2005, and its / their possible inclusion in the cd. “Black list” under that Regulation.
- RESERVATIONS
Reservation requests should be drawn up using the proper contract form, in electronic format if applicable, filled-in in all parts and signed by the consumer who will be supplied with a copy.
The acceptance of the reservation is understood to be confirmed, and the contract effective, only when the promoter sends official confirmation, also in the form of telematic data, to the consumer through the intermediary travel agency.
Before the departure the promoter will supply information concerning the tourist package, not included in the contract documents, in the leaflets and/or under different form of written advice, as regulated by art. 37, paragraph 2 of the Tourism Code.
In accordance with art. 32, paragraph 2 of the Tourism Code, in the case of contracts concluded at a distance or outside the premises of local businesses (as defined in art. 50 and 45 of D.Legs. 206/2005), the promoter will undertake to communicate to the registration the non-existence of the right of withdrawal as seen in art. 64 and following of the D.Legs. 206/2005.
- PAYMENTS
Upon the purchase of the tourist package a down payment of 25% of the price of the tourist package will be due as confirmation deposit, the balance of 75% must be paid within 60 days before the scheduled departure date.
For bookings after the date indicated as the deadline for making the balance, the full amount must be paid upon signing the purchase offer.
Non-payment of the above-mentioned amounts within the agreed deadlines constitutes the express termination clause, which will result in legal termination of the contract by the intermediary agency and/or the promoter.
- PRICES
The price of the tourist package is stated by the contract with reference to the catalogue or to the brochure program and to updates of the same. It may be altered within twenty days prior to departure exclusively as a consequence of changes involving:
– transport costs, including cost of fuel;
– taxes and fees on certain tourist services such as duties, landing taxes, port and airport embarkation and disembarkation taxes;
– exchange rates applied to the tourist package in question.
Official rates of exchange shall apply to such possible variations and to the above-mentioned costs according to program publication date, as per date stated by the catalogue technical file, or to the date stated by any of the aforementioned updates.
- ALTERATION OR CANCELLATION OF THE TOURIST PACKAGE PRIOR TO DEPARTURE
– 1. In the event that the promoter or the seller need to significantly alter one or more elements of the contract prior to departure, they must immediately inform the consumer in writing about the nature of the changes and about the consequent price difference.
– 2. In the case that the proposed alteration, as per paragraph 1, is not accepted by the tourist, the latter can alternatively exercise the right to reclaim the previously paid sum or to accept an alternative tourist package pursuant to paragraph 2 and 3 of article 10.
– 3. The tourist communicates his / her choice to the organizer or to the intermediary within two working days from the moment in which he / she received the notice indicated in paragraph 1. In the absence of communication within the aforementioned term, the proposal formulated by the organizer is considered accepted.
– 4. If the Organizer cancels the tourist package before departure for any reason, except for the fault of the traveler, he will reimburse to the latter, within the terms of the law, the amount paid for the purchase of the tourist package and has the right to be compensated for the non-execution of the contract, except in the cases indicated below.
– 5. No compensation is provided for the cancellation of the tourist package when the cancellation of the same depends on the failure to reach the minimum number of participants required, or due to force majeure and fortuitous circumstances.
– 6. For cancellations other than those caused by unforeseeable circumstances, force majeure and failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the tourist of the alternative tourist package offered, the organizer who cancels, will return to the tourist a sum equal to twice the amount paid and actually collected by the organizer, through the travel agent.
– 7. The amount to be returned cannot exceed the double of the amount that would be owed on the same date by the tourist to the promoter, as per art.10 paragraph 2, in the event he/she cancelled.
10 – CONSUMER WITHDRAWAL
– 1.The consumer can withdraw from the contract, without paying any penalties, in the following situations:
- price increase greater than 10%;
- significant modification of one or more contract elements that can be considered essential in terms of the enjoyment of what has been booked overall, and proposed by the organizer after signing the contract but before departure and not accepted by the consumer.
In such cases, the consumer alternatively has the right to:
- receive an alternative package, without any supplementary price increase or with the reimbursement of any price difference where the second package has a lower value than the first;
- request reimbursement of the part of the price that has already been paid. This return must be made within 7 working days from receipt of the reimbursement request. The tourist must give notice of his decision (to accept the change or to withdraw) no later than 2 working days from the time he received the notice of increase or change. In the absence of express communication within the aforementioned limit, the proposal formulated by the organizer is considered accepted.
– 2. The consumer who withdraws from the contract prior to departure in cases not listed above or those provided for by art. 9, paragraph 2, will be debited (regardless of the advance payment referred to in article 7) the individual cost of dossier management, the possible payment of insurance coverage already requested at the time of conclusion of the contract or for other services already rendered, the penalty in the measure indicated:
- 25% from 90 days to 61 days before departure (excluding Saturday)
- 100% from 60 days before departure
In the case of pre-established groups, these sums will be agreed from time to time upon signing the contract.
- MODIFICATIONS AFTER DEPARTURE
Should the promoter, after the departure, be unable to supply an essential part of the services listed for whatever reason, except for ones depending on the tourist, he/she must arrange for alternative solutions, without increase of price for the contracting party and, should the performances supplied be of lower value compared to those foreseen, refund him/her the difference.
In the case that an alternative solution is not possible or if the solution proposed by the promoter is rejected by the consumer due to serious and justified reasons, the promoter shall supply him/her, without any price increase, with a means of transport equivalent to the one originally foreseen for returning to the place of departure or to any different place agreed upon, according to the carrier’s availability of means and places, and will refund him/her the difference between the cost of the foreseen services and that of those supplied up to the moment of early return.
- SUBSTITUTIONS
– 1. A tourist who decides to withdraw from the contract may ask another person to substitute him/her on condition that:
a) the promoter is informed in writing at least 4 working days prior to the scheduled departure date, receiving at the same time informations explaining the reasons of the substitution together with the personal details of the assignee;
b) that the assignee meets all the conditions for benefiting from the service (ex art. 39 Tourism Code), in particular the requirements relative to passport, visa and health certificates;
c) that the services themselves, or other replacement services, can be provided in the case of substitution;
d) that the substitute refunds the promoter for all extra expenses borne to perform the substitution, which will be communicated to him/her prior to assignment.
The assignor and the assignee are jointly responsible for the payment in full of the amount corresponding to the price, as well as for the amounts as set forth in letter d) of this article.
Following art. 944 of the Navigation Code, the variation will be possible only under the consensus of the carrier.
– 2. In any case, the tourist who request any variation to a closed practice, provided this variation is possible and accepted, will pay, in addition to the costs resulting from the modification, a fixed flat-rate cost.
- TOURISTS’ OBLIGATIONS
– 1. During the negotiations, and at any rate before the completion of the contract, Italian citizens are provided with general written information valid when the catalogue was published relative to the health obligations and to the documentation necessary for expatriating.
– 2. Regulations regarding the expatriating of children are clarified by Polizia di Stato – http://www.poliziadistato.it/articolo/191/.
– 3. Foreign citizens must apply for equivalent information through their diplomatic representatives based in Italy and/or through their official government information channels. In any case, tourists must, prior to departure, ensure such information is valid with an enquiry addressed to the relative enforcement bodies (for Italian citizens the local Police Headquarters or the Department of Foreign Affairs – website www.viaggiaresicuri.it – Call Centre tel. no. 06.491115), acknowledging any change prior to the trip. The seller or the promoter shall not be liable for failed departure of one or more tourist in the case that such check is not performed.
– 4. Tourists must inform the seller and the promoter about their citizenship and, on departure, finally check that they are carrying their vaccination certificates, their own passport and any other document valid in all the Countries included in the itinerary, as well as the stay and transit visas, and any required health certificates.
– 5. In addition, in order to assess the degree of the health conditions and the level of safety of the Countries of destination, and hence the objective usability of the services already purchased or to be purchased, the tourist must (using the sources of information listed in paragraph 3) refer to the Department of Foreign Affairs for general official information stating if the destinations are formally currently unadvisable.
– 6. If destination is not recommendable for security reasons, by institutional information channels, at time of booking, the traveler, who decides to exercise the withdrawal after confirmation will not be able to claim for cancellation nor refund.
– 7. Tourists must also comply with the rules of common sense and due diligence, as well as with the specific rules currently in force in the destination countries of the trip, with all the information supplied by the promoter, and with the administrative and legislative regulations and provisions pertaining to the tourist package. Tourists are liable for all the damages that may affect the promoter and/or the seller, also due to non-compliance with the above-mentioned obligations.
– 8. The tourist must supply the promoter with all the documents, information and elements in his/her possession useful for enabling the latter to exercise the right of subrogation against third parties, responsible for the damage, and will be held responsible towards the promoter for being detrimental to the right of subrogation.
– 9. At the moment of booking the tourist must also inform the promoter about any specific request that might be object of special agreements involving the terms of the trip, on condition they are feasible.
– 10. The tourist must always inform the Seller and the Promoter about any personal specific requirement or condition (pregnancy, food intolerance, disability, etc…) and clearly specify his/her request for relative customized services.
- HOTEL CLASSIFICATION
The official classification of the hotels is listed in the catalogue or in other literature only on the basis of the specific and formal indication supplied by the enforcement bodies of the countries in which the service is provided. In the absence of official classification recognized by the public enforcement bodies of the countries, even if members of the E.U., to which the service refers, the promoter reserves the right to include a personal description of the facility in the catalogue or leaflet, in order to allow the consumer to assess, and consequently accept, the same.
- RESPONSIBILITY
The promoter is held responsible for any damage caused to the tourist in case of total or partial non-fulfillment to supply services due by contract, both if the services should be rendered personally or by third service suppliers, unless he/she is able to prove that the event resulted from a fact ascribable to the tourist (including initiatives the latter might undertake during the performance of the tourist services), or on the part of a third party, to circumstances beyond the services foreseen by the contract, fortuitous events, force majeure, or to circumstances that the promoter could not, despite his/her professional capacities, reasonably foresee or solve.
The seller who made the reservation for the tourist package is in no case liable for obligations arising from the organization of the trip but is exclusively responsible for obligations arising from his/her role as an intermediary, hence within the limits of responsibility foreseen by the current laws regulating such subject, except for those stated in art. 46 of the Tourism Code.
- LIMITS OF INDEMNITY
Indemnity according to articles 44, 45 and 47 of the Tourism Code and relative terms of prescription are governed by the limits stated by C.C.V., by the International Conventions that rule for damages, can by no means exceed the limits that concern tourist packages stated by art. 1783 and 1784 of the civil code.
- OBLIGATION OF ASSISTANCE
The promoter must provide the consumer with the degree of assistance imposed by the principle of professional capacity exclusively for the obligations set forth in the law provisions or the contract.
The promoter and the seller are exempted from their respective responsibilities (articles 15 and 16 of these General Conditions) when non-fulfillment, or partial fulfillment of the contract, is imputable to the tourist or depends on facts of unpredictable or unavoidable nature ascribable to a third party, on a fortuitous event or on force majeure.
- CLAIMS AND COMPLAINTS
Any non-compliance in carrying out the contract must be promptly contested by the tourist during the use of the package to enable the promoter, or his/her local representative or guide to rapidly solve the matter. Otherwise the damages will be limited pursuant to art. 1277 c.c.
Moreover and with the obligation mentioned above, the consumer can make a complaint by registered letter with return receipt or other means that guarantee proof of delivery, to be sent to the promoter or the seller within and not later than ten working days following the date of return to the place of departure.
- CANCELLATION AND REPATRIATION EXPENSES INSURANCE
If not specifically included in the price, it is possible, and even advisable, to stipulate at the moment of booking at the office of the promoter or of the seller, a special insurance covering expenses arising from cancellation of the tourist package, injuries and incidents related to the transportation of luggage. It is also possible to stipulate an assistance contract covering repatriation expenses in case of accidents, illness, incidentals and/or force majeure. The tourist will exercise rights inherent these contracts exclusively in respect of the stipulator Insurance Companies, according to the conditions and in the manner provided by these policies.
- ALTERNATIVE DISPUTE SETTLEMENT
In accordance with the purposes of art. 67 of the tourist code the organizer may propose to the tourist – in the catalog, on its own site or in other forms – how alternative resolution of disputes have arisen. In this case the organizer will indicate the type of alternative resolution proposed and the effects that such adherence involves.
- GUARANTEE FUND (art. 50 and 51 Tourism Code)
Organized tourism contracts are backed by appropriate guarantees provided by the Organizer and by the intermediary Travel Agent who, for travel abroad and travel within a single country, guarantee in the event of insolvency or of bankruptcy declared by the seller or the promoter, for the following requirements:
a) refund of the price paid;
b) repatriation in case of trips abroad.
The identification details of the legal entity which, on behalf of the Organizer, is bound to provide the guarantee will be indicated in the catalog and / or on the Tour Operator’s website; they can also be indicated in the booking confirmation of the services requested by the tourist / traveler.
The agency 27 Viaggi – Progetto Viaggi & Marketing srl is covered by the insurance policy UNIPOL Sai No. 130641844 as described in article 9/115/2015 PRIVATE GUARANTEE FUND.
- ROULETTE
The final arrangement for the purchased package will be decided by the organizer according to the preferences of the majority of buyers, without prejudice to the region of destination.
- MINIMUM NUMBER OF PARTICIPANTS
Each package requires a minimum number of participants, clearly indicated in the catalog for each destination; it will be the organizer’s responsibility to inform within 20 days of the scheduled departure date any cancellations for not reaching the requested number, with consequent re-crediting of the entire amount paid by the traveler.
ADDENDUM GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE TOURIST SERVICES
A) REGULATORY PROVISIONS The contracts for the supply of the only transport, accommodation or any other separate tourist service cannot be configured as a case in point of travel or tourist package, are governed by the following provisions of the CCV: art. 1, n. 3 and n. 6; Articles. 17 a23; Articles. 24 to 31, with regard to provisions other than those relating to the organization contracts and other agreements concerning the sale of a single service contract
B) CONDITIONS OF CONTRACT These contracts are also subject to the following clauses of the general conditions of contract for the sale of packages above: art. 6, paragraph 1; art. 7, paragraph 2; art. 13; art. 18; art. The application of these clauses does not determine the configuration of the relevant contracts as a tourist package. The terminology used in said clauses regarding contract for tourist package (organizer, travel, etc..) can be understood with reference to the corresponding figures of the contract of sale of individual tourist services (seller, stay, etc.).
INFORMATIVE EX ART 13 DLGS 196/2003 and subsequent modifications. The processing of personal data, the conferment of which is necessary for the conclusion and execution of the contract, is carried out in full compliance with Legislative Decree 196/2003 and subsequent amendments, in paper form and digital. The customer may at any time exercise the rights pursuant to art. 7 DLGS 196/2003 contacting the data controller.
Compulsory notification pursuant to art. 17 of Law n. 38/2006: The Italian law punishes with imprisonment for offenses relating to child prostitution and child pornography, even if committed abroad.
The translation is provided as a courtesy.
In the event of litigation the letter of the Italian text applies.
Last update 10-25-2018
GAIA FOOD ACADEMY by Grey srl Via Paganini, 4 – 20131 Milano – REA MI – 2504596 P.IVA 10084310969
Org. tecnica Progetto Viaggi & Marketing srl Lic. Prot. 33865 del 27/11/15 Ass. Unipol SAI N° 130641844
info@gaiafoodacademy.com www.gaiafoodacademy.com
