SALE OF TOURIST PACKAGES
1. LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in territory both national and interna-tional, is governed – until its repeal in accordance with art. 3 of Legislative Decree. N. 79 of 23 May 2011 (the “Code of Tourism”) – by L. 27/12/1977 n ° 1084 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 – in applicable – and from the Tourism Code (Arts. 32-51), and its subsequent amendments.
2. ADMINISTRATIVE ARRANGEMENTS
The organizer and the intermediary of the package, where the tourist is addressed, must be enabled to the execution of their activities in accordance with applicable administrative regulations, even regional.
Under Article. 18, paragraph VI, of the Code. Tur., Use the company name the words “travel agency”, “tourism agency”, “tour operator”, “travel broker” or other words and phrases, even foreign language, of a similar nature, it is only allowed to companies authorized in the first paragraph.
For the purposes of this contract shall apply:
a) tour operator: the person who undertakes in his own name and from lump-sum payment, to procure packages to third parties, making the combination of the elements listed in Art. 4 or offering the tourist, also via a remote communication system, the ability to independently carry out and buy such a combination;
b) intermediary: the subject who, not professionally, and non-profit, sells or agrees to Procurator-rare tourist packages in accordance with the following art. 4 to a lump-sum payment;
c) tourist: the buyer, the transferee of a tourist package or anyone even to be nominated, provided that all the conditions required to use the service, on whose behalf the principal contractor agrees to purchase a tourist package without remuneration.
4. NOTION OF TOURIST PACKAGE
The notion of tourist package is as follows:
“Tourist packages regard trips, the holidays, the” package tours “, the tourist cruises, resulting from the combination, created by anyone and in any way, at least two of the elements indicated below, sold or offered for sale at a flat rate: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation in art. 36 which constitute the satisfaction of the recreational needs of the tourist, significant part of the “package” (art. 34 Cod. Rd.).
The tourist is entitled to receive a copy of the tourist package sales contract (drafted pursuant to the procedures in art. 35 Cod. Rd.). The contract is entitled to access the Guarantee Fund set forth in art. 21.
5. THE TOURIST INFORMATION – TECHNICAL DATA
The organizer draws up a catalog or program outside the catalog – including information in electronic or telematic support – a technical card. The mandatory elements of the catalog data sheet or program outside the catalog are:
– Details of the administrative authorization or, if applicable, the D.I.A. or S.C.I.A. organizer;
– The insurance policy of civil liability;
– Validity period of the catalog or program outside the catalog;
– Mode and the traveler substitution (Art. 39 Cod. Tur.);
– Adjustment of the Art (trip price parameters and criteria. 40 Cod. Rd.).
The organizer also will insert in the data sheet any further particular conditions.
At the time of conclusion of the contract the organizer will also inform passengers about the identity of the / s Patent-King / the actual / i, without prejudice to Art. 11 of Reg. EC 2111/2005, and its / their possible inclusion in the cd. “Black list” under that Regulation.
The proposed reservation must be made on a contract form, if electronic, fulfill-side in all its parts and signed by the customer, who will receive a copy.
The acceptance of the booking will be complete, resulting in the conclusion of the contract only when the organizer sends confirmation, even by telematic system, tourists at the travel agency intermediary.
The organizer will provide before leaving the indications relating to the tourist package not contained in contractual docu-ments, brochures or other written media, as required by art. 37, paragraph 2 Cod. Tur.
Under Article. 32, paragraph 2, Cod. Rd., In the case of contracts concluded at a distance or away from business premises (as defined by Articles respectively. 50 and 45 of Legislative Decree no. 206/2005), the organizer reserves the right to provide written notice to the non-existence of the right of withdrawal provisions in Articles. 64 et seq. of Legislative Decree no. 206/2005.
The extent of the advance, up to a maximum of 25% of the price of the package, to be paid upon of booking or on the binding application and the date by which, before departure, should be paid the balance, found in the catalog, from the brochure or anything else.
The failure to pay amounts above the established dates, termination clause to determine, by the intermediary agency and / or the organizer, the right resolution.
The price of the package is determined in the contract, with reference to what is stated in the catalog or pro-gramme out of print and to any updates of these programs out of print catalogs or success-tively intervened. It may be changed up to 20 days prior to departure and only in consequence of changes in:
– Transportation costs, including fuel costs;
– Rights and taxes on certain types of tourist services such as taxes, fees or landing fees, landing or yaw-co at ports and airports;
– The exchange rates applied to the package in question.
For these changes we will refer to the exchange rates and to the costs mentioned above in effect on the date of publication of the program, as shown in the data sheet of the catalog, or the date of any Update Search-namenti above.
Fluctuations will affect the global prices of the package in the percentage expressly indicated in the catalog data sheet or brochure program.
9. CHANGE OR CANCELLATION OF THE PACKAGE BEFORE DEPARTURE
Before departure, the organizer or the intermediary that needs to change significantly one or more elements of the contract, will immediately notify in writing to the tourist, indicating the type of change and vary-ing the price that goes with it .
If you do not accept the proposed amendment referred to in paragraph 1, the tourist can exercise the right to reacquire the sum already paid or to enjoy the offer of a package I replaced under the 2nd and 3rd paragraphs of Article 10 .
Tourists can exercise the rights provided above even when the cancellation depends on the failure to reach the minimum number of participants in the library or in the program catalog or from cases of May-king strength and unforeseeable circumstances, relating to the tourist package purchased.
For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as to those other than the lack of acceptance by the tourists of the alternative tourist pac-Chetto offered, the organizer canceling, ( Art. 33 letter. and Cod. Cons.) will return to the tourist the dop-ple of what was paid and collected by the organizer, through the travel agent.
The refunded sum will never exceed double the amount that the tourist would be the same date the debtor in accordance with Art. 10, 4th paragraph if he had to cancel.
10. WITHDRAWAL OF THE TOURIST
The tourist may withdraw from the contract without paying penalties in the following hypotheses:
– Of the price increase referred to in art. 8 in excess of 10%;
– Significant modification of one or more elements of the contract as fundamental to the fruition of the package as a whole and proposed by the organizer after the conclusion of the contract but before departure and not accepted by tourist.
In the cases above, the tourist has the right to either:
– To take advantage of an alternative tourist package, without extra cost or with the return dell’ecceden-za price, if the second package has a value lower than the first;
– The refund of the amount already paid. This refund must be made within seven working days from receipt of the request for reimbursement. The tourist must communicate his decision (to accept the change or withdraw) no later than two working days from the moment he received the notice of increase or change. In the absence of express notice within such period, the proposal formulated by the organizer is considered accepted.
Tourists who withdraws from the contract before the departure outside the assumptions listed in the first paragraph, or in the case provided by art. 7, paragraph 2, will be charged – regardless of the payment referred to in Article. 7 paragraph 1 – the individual cost of management, the penalty in the amount indicated in the data sheet of Catalo-go or Program catalog or customized trip, any amount of insurance cover requested at the time of conclusion of the contract or other services already rendered.
In case of organized groups such payments will be agreed from time to time the contract is signed.
11. CHANGES AFTER DEPARTURE
The organizer, if after the departure is unable to provide for any reason, except for circumstances depending on the tourist, an essential part of the services included in the contract, will provide alternative solutions, without price supplements paid by the contractor and if the services provided are of lower value than those stipulated repay an amount equal to such difference.
If no alternative solution is possible, or the solution offered by the organizer is refused by the tourist for proven and justified reasons, the organizer will provide at no extra cost, a means of transport equivalent to that originally planned to return to the starting point or any other agreed place, depending on the availability of means and places, and reimburse the dif-ference between the cost of benefits provided and the services provided until the time of the return-to anticipate.
The withdrawing tourist can be substituted by another person provided that:
a) the organizer is informed in writing at least 4 working days before the date fixed for the departure, recieving information regarding the reasons for the replacement and the transferee;
b) the substitute satisfies all the conditions for using the service (pursuant to art. 39 Cod. Rd.) and in particular the requirements for passports, visas, health certificates;
c) the same services or other services in place can be provided following the substitution;
d) the substitute refunds the organizer for all additional costs incurred to replace, to the extent that will be quantified before the sale.
The transferor and the transferee are jointly and severally liable for payment of the balance of the price and the amounts referred to in subparagraph d) of this Article.
Any additional terms and conditions of substitution are indicated in the data sheet.
13. OBLIGATIONS TOURISTS
In the course of the negotiations and before the contract is concluded, the Italian citizens are given written general information – date of the publication date of the catalog – relating to health requirements and documentation needed for travel abroad. Foreign citizens reperiranno the corresponding infor-mation through their diplomatic representatives in Italy and / or the respective information channels governs-tive officers.
In any case tourists will provide, before departure, to verify the update with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through www.viaggiaresicuri.it site or the Operational Telefonica Central to the number 06.491115 ) adeguandovisi before the trip. In the absence of such verification, no responsibility for the failed departure of one or more tourists can be attributed to the intermediary or organizer.
Tourists will have to inform the intermediary and organizer of their citizenship and, at the time of the par-ment, will definitely make sure to be in possession of certificates of vaccination, the indivi-dual passport and any other valid document for all the countries affected itinerary as well as visas, transit and health certificates if required.
In addition, in order to assess the health situation and the countries of destination and safety, therefore, the objective usability services purchased or to be purchased, the tourist will retrieve (making use of information sources indicated in paragraph 2) the official character information general at the Ministry of Foreign Affairs that expressly indicates whether or not the targets are subject to formally advise against.
Tourists will also have to follow the observance of the rules of normal prudence and diligence and to those specifi-that in force in the target countries of the trip, to all the information provided by the organizer, as well as regulations, administrative or legislative provisions relating to tour package. Tourists will be liable for all damages that the organizer and / or intermediary should also suffer as a result of the failure to fulfill the duties specified above, including the costs necessary for their return
The tourist is obliged to provide the organizer with all documents, information and evidence in its possession relevant to the exercise of the right of subrogation of the latter against those responsible thirds of the loss and is responsible to the organizer of the prejudice caused to the right of subrogation.
Tourists will also communicate in writing to the organizer, when booking, special requests per-sonal that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement.
The tourist is obliged to inform the Intermediary and the organizer of any its requirements or conditions (pregnancy, food allergies, disabilities, etc …) and to explicitly specify the request for personalized services.
14. HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalog or in other informative 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 states where the service is provided, the organizer reserves the right to supply in catalog or brochure in his own description of the accommodation in order to allow an evaluation and subsequent acceptance of it by the tourist.
15. LIABILITY REGIME
The organizer is liable for damages caused to the tourist due to total or partial pay-ies of the contract, whether these are performed by him personally or by third party service providers, unless he proves that the event depends as did the tourist (including initiatives undertaken by the latter during the execution of tourist services) or because of a third-impreve dibile or unavoidable, by circumstances beyond the provision of services under the contract, as the case unforeseeable circumstances, force majeure, or by circumstances that the organizer could not, according to profes-sional reasonably foresee or solve.
The intermediary in which proceedings are already booked the tour package does not respond in any case for the obligations arising from travel, but it is only responsible for the obli-gations arising from its role as intermediary and in any case within the limits provided for this responsibility by current rules, unless the exemption provided for in Article. 46 Cod. Tur.
16. COMPENSATION LIMITS
The compensation under Articles. 44, 45 and 47 of the Code. Tur. and relevant statute of limitations, are governed by thereunder and in any case within the limits, the C.C.V, .From the international conventions governing the pre-stations which are the subject of the package and Articles 1783 and 1784 of the Civil Code.
17. SERVICE OBLIGATION
The organizer is required to lend the necessary assistance to tourists according to the criterion of professional diligence exclusively with reference to its obligations in accordance with law or contract.
The organizer and the intermediary are exempted from their respective responsibilities (art. 15:16 of these General Condi-tions), where failure or improper performance of the contract is attributable to the tourist or derives from the fact that a third unforeseeable or inevitable, or is caused by a fortuitous event or force majeure.
Any failure in the contract must be contested by tourist during the fruition Retail pack-to by timely submission of the complaint so that the organizer, its local representative or guide can remedy the situation promptly. Otherwise the damages will be diminished-to or excluded pursuant to art. 1227 cc
The tourist must also – subject to forfeiture – a complaint by sending a registered letter, with starts to–know of receipt, or other means guaranteeing proof of receipt, to the organizer or the intermediary no later than ten working days from the date of return to the place of departure.
19. INSURANCE AGAINST COSTS OF CANCELLATION AND RETURN
If not expressly included in the price, it is possible, and advisable, to stipulate during the pre-notation at the organizer office or special insurance policies against expenses deriving from the intermediary of the package, from injury and events relating to baggage transported-tati. It will also be possible to stipulate a contract of assistance that covers repatriation expenses in case of accident, illness, incidentals and / or force majeure. Tourists will exercise the rights arising from such contracts only in respect of Insurance Companies stipulating the conditions and in the manner provided by these policies.
20. ALTERNATIVE RESOLUTION OF DISPUTES
In accordance with the purposes of Art. 67 Cod. Tur. the organizer may propose to the tourist – in the catalog, on the pro-prio site or in other forms – alternative dispute resolution procedures for disputes arising. In this case the organizer will find a different alternative proposal for a resolution and the effects that such membership.
21. GUARANTEE FUND (art. 51 Cod. Rd.).
The National Fund set up to guarantee the protection of tourists who are in possession of the contract, it shall make the following requirements in the event of insolvency or bankruptcy of the intermediary or the organizer:
a) Reimbursement of price paid;
b) repatriation in case of trips abroad.
The fund must also provide available funds in case of forced return of tourists from non-EU countries at whether or not due to the organizer.
The methods of the Fund are established by the decree of President of the Council of Ministers of 23/07/99, n. 349 and the refund applications to the Fund are not subject to any limitation period.
The organizer and the broker contribute to fuel such a fund in the amount provided for in paragraph 2 of Art. 51 Cod. Tur. through the payment of compulsory insurance premium that is required to enter into, a share of which is paid to the Fund with the provisions of art. 6 of the Ministerial Decree 349/99.
GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE SERVICES
A) REGULATORY PROVISIONS
The contract covers the supply of the only transport service, the only living service, or side-lunque separate tourist service, can not be considered as a contractual case of organized travel or tourist package, they are governed by the following provisions CCV: art. 1, n. 3 and n. 6; Articles. 17 to 23; Articles. 24 to 31 (limited to the parts of those provisions that do not relate to the organization contract) and other agreements concerning the sale of a single service contract. The seller is obliged to provide to third parties, even electronically, a tourist service disaggregates-to, is required to issue to the tourist documents relating to this service, that indicate the amount paid for the servants-uncle and can not in any way be considered travel organizer.
B) CONDITIONS OF CONTRACT
These contracts are also subject to the following clauses of the general conditions of sale of pac-ets tourist contract shown above: Art. 6 paragraph 1; art. 7, paragraph 2; art. 13; art. 18.
The application of these clauses does not determine the configuration of related services such as fattispe-surface of the package tour. The terms used in said relative to the tourist package contract clauses (organiz-absorber, travel etc.) Can be understood with reference to the corresponding figures of the sale contract of single tourist services (seller, accommodation, etc.).