General conditions of the contract for the sale of tourist packages
 

CONTENTS OF THE CONTRACT FOR THE SALE OF THE TOURIST PACKAGE

In addition to the general conditions that follow, the description of the tourist package contained in the catalogue, or in the separate travel programme, as well as the booking confirmation of the services requested by the traveler constitute an integral part of the travel contract. It is sent by the Tour Operator to the traveler or to the travel agency, as agent of the traveler and the latter will have the right to receive it from the same. In signing the proposal for the purchase and sale of a tourist package, the traveler must be aware, for himself and for the parties for whom he requests the all-inclusive service, that he has perfectly understood both the object of the tourist package contract as regulated therein, and the warnings contained therein, and these general conditions.

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1. LEGISLATIVE SOURCES
The sale and organization of tourist packages, which have as their object services to be provided both nationally and internationally, is governed by the Tourism Code, specifically by articles. 32 to 51 novies as amended by Legislative Decree 21 May 2018 n.62, transposing and implementing EU Directive 2015/2302, as well as by the provisions of the civil code on transport and mandate and special regulations on tourism, as applicable.

2. ADMINISTRATIVE REGIME
The organizer and the intermediary in the sale of the tourist package, to which the traveler turns, must be authorized to carry out their respective activities on the basis of current legislation, including regional or municipal ones, given their specific competence. The organizer and the seller must disclose pursuant to art. 47 of the Tourism Code, to the Traveller, before the conclusion of the contract, the details of the insurance policy for the coverage of risks deriving from professional civil liability, as well as the details of the other guarantee policies, optional or mandatory, to protect travelers for the coverage of events that may affect the carrying out or execution of the holiday, such as trip cancellation, or coverage of medical expenses, early return, loss or damage to baggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and seller .

3. DEFINITIONS
For the purposes of the tourism package regulations, the following definitions apply:

1) tourist service:
a) the transport of passengers;
b) accommodation as long as it is not intrinsically part of the transport of passengers and as long as it is not intended for residential purposes, or relating to long-term language courses;
(c) the rental of cars, other motor vehicles within the meaning of Article 3(11) of Directive 2007/46/EC of the European Parliament and of the Council or motorcycles requiring a category A driving licence;
d) any other tourist service not intrinsically part of a tourist service pursuant to letters a), b) or c).

2) package: the combination of at least two different types of tourist services referred to in point 1), for the purposes of the same trip or the same holiday, under the conditions indicated in the following article 4;

3) tourist package contract: the contract relating to all tourist services included in the package;

4) start of the package: the start of the execution of the tourist services included in the package;

5) professional: any public or private natural or legal person who, in the context of his commercial, industrial, artisanal or professional activity in organized tourism contracts, acts, also through another person who operates in his name or on his behalf, in a capacity as an organiser, seller, professional who facilitates related tourist services or supplier of tourist services, pursuant to the regulations set out in the Tourism Code;

6) organiser: a professional who combines packages and sells them 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;

7) seller: the professional, other than the organiser, who sells or offers for sale packages combined by an organiser;

8) traveller: anyone who intends to conclude a contract, or stipulates a contract or is authorized to travel on the basis of a concluded contract, within the scope of application of the law on organized tourism contracts; 9) establishment: the establishment defined by article 8, letter e), of legislative decree 26 March 2010, n. 59;

10) durable medium: any tool that allows the traveler or professional to store the information addressed to him personally so as to be able to access it 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 memorized;

11) unavoidable and extraordinary circumstances: 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;

12) lack of conformity: a failure to fulfill the tourist services included in a package;

13) point of sale: any premises, movable or immovable, used for retail sales or a retail website or similar online sales tool, even if retail websites or online sales tools are presented to travelers as a single tool, including telephone service;

14) return: the return of the traveler to the place of departure or to another place agreed by the contracting parties.

4. NOTION OF TOURIST PACKAGE

1. A tourist package is defined as: the combination of at least two different types of tourist services referred to in point 1) of the art. 3 above, for the purposes of the same trip or the same holiday, if:
a) these services are combined by a single professional, even at the request of the traveler or in accordance with his selection, before a single contract is concluded for all the services ; or (
b) regardless of whether separate contracts are concluded with individual tourism service providers, such services are: (
i) purchased from a single point of sale and such services have been selected before the traveler agrees to payment;
ii) offered, sold or invoiced at a flat or global price;
(iii) advertised or sold under the name 'package' or similar name;
iv) combined after the conclusion of a contract with which the professional authorizes the traveler to choose between a selection of different types of tourist services; or
v) purchased from separate professionals through connected online booking processes where the traveler's name, payment details and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more other professionals and the contract with the latter or these latter professionals is concluded at the latest 24 hours after confirmation of the booking of the first tourist service.

2. A combination of tourist services in which no more than one of the types of tourist services referred to in point 1) of the art. are combined. 3, letters a), b) or c), with one or more of the tourist services referred to in point 1) of article 3, letter d), is not a package if the latter services:
a) do not represent an equal or greater than 25% of the value of the combination and are not advertised or otherwise an essential element of the combination; orb) are selected and purchased only after the start of the execution of a tourist service referred to in point 1) of the art. 3, letters a), b) or c).

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CONTENTS OF THE TOURIST PACKAGE CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED

1. At the time of conclusion of the tourist package sales contract or, in any case, as soon as possible, the organizer or seller provides the traveler with a copy or confirmation of the services referred to in the contract on a durable medium (email) containing the booking confirmation of services and\or account statement.
2. The traveler has the right to a paper copy of the booking confirmation and\or account statement if the tourist package sales contract was stipulated in the simultaneous physical presence of the parties.
3. As regards contracts negotiated away from commercial premises, defined in article 45, paragraph 1, letter h), of legislative decree 6 September 2005, n. 206, a copy or confirmation of the tourist package sales contract is provided to the traveler on paper or, if the traveler consents, on another durable medium.
4. The contract constitutes the right to access the guarantee fund referred to in the following art. 21.

6. INFORMATION FOR THE TRAVELER

Before the conclusion of the tourist package contract or a corresponding offer, the organizer and the seller, pursuant to art. 34 of the Tourism Code, provide the traveler with the relevant standard information form referred to in Annex A, part I or part II, of the Tourism Code, as well as the following information:
a) the main characteristics of the tourist services, such as:
1) the destination or destinations of the trip, the itinerary and periods of stay with relative dates and, if 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 the event that the exact time is not yet established or known, the organizer and, where applicable, the seller inform the traveler of the approximate departure and return time;
3) location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the destination country;
4) meals provided included or not;
5) visits, excursions or other services included in the total agreed price of the package;
6) the tourist services provided to the traveler as a member of a group and, if so, the approximate size of the group;
7) the language in which the services are provided;
8) whether the trip or holiday is suitable for people with reduced mobility and, upon request of the traveller, precise information on the suitability of the trip or holiday that takes into account the traveler's needs. Special requests on the methods of provision and/or execution of certain services forming part of the tourist package, including the need for assistance at the airport for people with reduced mobility, the request for special meals on board or in the place of stay, must be made in booking request phase and be the subject of a specific agreement between the traveler and the Organiser, if necessary also through the traveller's travel agency;
b) the commercial name and geographical address of the organizer and, where present, of the seller, their telephone numbers and email addresses;
c) the total price including the tourist services that make up the package, insurance and/or financial services, taxes and all rights, duties and other additional costs, such as administrative and processing costs. Where some costs are not reasonably calculable before the contract is concluded, an indication of the type of additional costs the traveler may still have to pay.
d) the payment methods, including the possible amount or percentage of the price to be paid as a deposit and the calendar for 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) of the tourism code, before the start of the package for the possible termination of the contract in case of failure to reach of the number;
f) general information regarding the conditions relating to passports and/or visas, including the approximate times for obtaining visas, and the health formalities of the country of destination;
g) information on the traveler's right to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if applicable (see penalty article) the standard withdrawal costs requested by the organizer pursuant to the Article 41, paragraph l of Legislative Decree 79/2011 amended by Legislative Decree 62/2018 and specified in the following art. 10, paragraph 3;
h) information on the optional or mandatory subscription of insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the costs of damage or loss of baggage during transport and\or personal assistance, including repatriation, in case of accident, illness or death;
i) the details of the coverage referred to in article 47, paragraphs l, 2 and 3 of Legislative Decree. 79/2011 amended by Legislative Decree 62/2018

2. Furthermore, before the start of the trip, the organizer and the seller communicate to the traveler information on the identity of the operating air carrier, if not known at the time of booking, in accordance with art. 11 of EC Reg. 2111\05 (Art. 11, paragraph 2 of EC Regulation 2111/05: “If the identity of the actual air carrier or air carriers is not yet known at the time of booking, the air transport contractor shall ensure that the passenger is informed of the name of the carrier or air carriers that will act as actual air carriers for the flight or flights concerned. In this case, the air transport contractor will ensure that the passenger is informed of the identity of the actual air carrier or carriers as soon as their identity has been ascertained and their possible operational ban in the European Union").

7. PAYMENTS

1. When signing the proposal to purchase the tourist package, the following must be paid:
a) the registration or practical management fee (see art. 8);
b) deposit on the price of the tourist package published in the catalog or in the package quote provided by the organizer as well as any amount relating to insurance guarantees. The balance must be paid without exception within 30 days from the departure date.
2. For bookings after the date indicated as the deadline for making the balance, the entire amount must be paid at the time of signing the purchase proposal.
3. Failure by the Organizer to receive the sums indicated above, on the established dates, as well as the failure to remit to the Tour Operator the sums paid by the traveler to the seller, will result - this clause being valid as express termination pursuant to art. 1456 cc - the automatic termination of the contract to be communicated with a simple written communication, via fax or email, to the selling agency, or to the traveller's domicile, including electronic domicile, where communicated. Payment is consequently considered to have been made when the sums have been received by the organiser. It is therefore the traveler's responsibility to verify that the seller, chosen as his agent for the purchase of the tourist package, possesses the legal requirements and specifically the guarantee against the risk of insolvency or bankruptcy.

8. PRICE OF THE TOURIST PACKAGE

The price of the tourist package is determined as a flat rate in the contract, with reference - where present - to what is indicated in the catalogue, or non-catalogue program and to any updates to the same catalogs or non-catalogue programs subsequently made, or on the Operator's website.

It may be varied, increased or decreased, only as a consequence of variations in:
• transport costs, including the cost of fuel;
• duties and taxes relating to air transport, landing, disembarkation or embarkation fees in ports and airports;
• exchange rates applied to the package in question. For such variations, reference will be made to the exchange rate and prices in force up to - a maximum - 21 days before departure, compared to those indicated in the travel program, published on the websites. In any case, the price cannot be modified in the 20 days preceding departure and the revision cannot be greater than 8% of the price in its original amount. In the event of a decrease in the price, the organizer has the right to deduct the administrative and management costs of the actual procedures from the reimbursement due to the traveler, of which he is required to provide proof upon request of the traveler.

The price consists of:
a) registration fee or practice management fee;
b) participation fee: expressed in the catalog or in the package price provided to the seller or traveler in the case of direct sales;
c) cost of any insurance policies against the risk of cancellation and/or medical expenses or other services requested, if not included in the participation fee;
d) cost of any visas and entry and exit taxes from the holiday destination countries;
e) airport and/or port charges and taxes;
f) any administrative costs of revision/change in practice.

9. MODIFICATION OF THE TOURIST PACKAGE BEFORE DEPARTURE

1.The Tour Operator reserves the right to unilaterally modify the conditions of the contract, other than the price, where the modification is of little importance. Communication is carried out clearly and precisely through a durable medium, such as e-mail.
2. If before departure the organizer needs to significantly modify one or more main characteristics of the tourist services referred to in the art. 34 paragraph 1 letter. a) Tourist Code or cannot satisfy the specific requests made by the traveler and already accepted by the organizer, or proposes to increase the price of the package by more than 8%, the traveler can accept the proposed change, or withdraw from the contract without paying withdrawal costs.
3. If the traveler does not accept the proposed modification referred to in paragraph 2, by exercising the right of withdrawal, the organizer may offer the traveler a replacement package of equivalent or higher quality.
4. The organizer informs the traveler via email, without unjustified delay, clearly and precisely of the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 6. 5.
The traveler communicates his choice to the organizer or intermediary within two working days from the moment in which it received the notice indicated in paragraph 1. In the absence of communication within the aforementioned deadline, the proposal formulated by the organizer is considered accepted.
6. If the changes to the tourist package sales contract or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an adequate price reduction.
7. In case of withdrawal from the tourist package sales contract pursuant to paragraph 2, and if the traveler does not accept a replacement package, the organizer refunds all payments without unjustified delay and in any case within 14 days of withdrawal from the contract carried out by or on behalf of the traveler and has the right to be compensated for failure to execute the contract, except in the cases indicated below:

a) No compensation is foreseen deriving from the cancellation of the tourist package when the cancellation of the same depends on the failure to reach the minimum number of participants possibly required.
b) There is no compensation deriving from the cancellation of the tourist package when the organizer demonstrates that the lack of conformity is attributable to force majeure or unforeseeable circumstances;
c) Furthermore, no compensation is provided deriving from the cancellation of the tourist package when the organizer demonstrates that the lack of conformity is attributable to the traveler or a third party unrelated to the provision of tourist services included in the tourist package contract and is unforeseeable or inevitable or it is due to unavoidable and extraordinary circumstances.

8. For cancellations other than those referred to in paragraph 7 letters a), b) and c), the canceling organizer will return to the traveler a sum equal to double the amount paid by the traveler and actually collected by the organiser, even if through the travel agent.
9. The sum to be refunded will never exceed double the amounts the traveler would be owed on the same date in accordance with the provisions of the art. 10, 3rd paragraph if he was the one to annul.

10. WITHDRAWAL

A) OF THE TRAVELER

1. Outside of the cases provided for in the previous article, the traveler can withdraw from the contract without paying penalties in the following cases:
• increase in price exceeding 8%;
• significant modification of one or more elements of the contract objectively configurable as fundamental for the purposes of enjoying the tourist package as a whole considered and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the traveller;
• impossibility of satisfying the specific requests made by the traveler and already accepted by the organizer.

In the above cases, the traveler can:
• accept the alternative proposal if formulated by the organiser;
• request the refund of sums already paid. This refund must be made within the legal deadline indicated in the previous article.

2. In the event of unavoidable and extraordinary circumstances occurring in the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package or on passenger transport to the destination, the traveler has the right to withdraw from the contract, before start of the package, without paying withdrawal costs, and to a full refund of payments made for the package, but is not entitled to additional compensation.

3. To the traveler who withdraws from the contract before departure for any reason, even unforeseen and unexpected, outside of the hypotheses listed in the first paragraph, or those provided for in the art. 9, paragraph 2, will be charged - regardless of the payment of the advance referred to in article 7 paragraph 1 - the individual cost of management of the practice and any compensation for insurance coverage already requested at the time of conclusion of the contract or for other services already returned, the penalty in the amount indicated below, except for any more restrictive conditions - linked to high season periods or full occupancy of the facilities - which will be communicated to the traveler during the estimate phase and therefore before the conclusion of the contract:

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* 10% up to 45 working days before departure

* 30% from 44 to 30 working days before departure

* 50% from 29 to 15 working days before departure

* 75% from 14 to 8 working days before departure

* 100% after these terms

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The cost relating to consular services and visas already presented/requested to the competent bodies (consulates) are subject to an immediate penalty of 100% of the cost of the visa.

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The 100% penalty must also be paid for missed departure or by those who are unable to make the trip due to the lack or irregularity of the required personal travel documents as verifying the validity of the aforementioned documents is the Traveller's responsibility. Some services may be subject to different penalties which will be communicated at the time of booking. When counting the days to determine the penalty, Saturday and the day of departure as well as the day of cancellation must always be excluded. The cancellation must be received in writing (by certified email, email or registered mail) either directly or through the intermediary travel agency. The non-attributability to the traveler of the impossibility of taking advantage of the holiday does not legitimize withdrawal without penalties, provided for by law only for the objective circumstances found in the destination destination of the holiday referred to in paragraph 2 or for the hypotheses referred to in paragraph 1, being foreseen the possibility of insuring oneself against the economic risk connected to the cancellation of the contract, with the stipulation of a specific insurance policy, where not provided for in mandatory form by the organiser.

The non-attributability to the traveler of the subjective circumstance that prevents him from taking advantage of the holiday (for example: illness, revocation of holidays, loss of job, etc.) does not legitimize withdrawal without penalties, provided for by law only for objective circumstances found at the holiday destination referred to in paragraph 2 or for the cases referred to in paragraph 1.

The economic consequences deriving from the cancellation of the contract due to circumstances within the personal sphere of the traveler, even if not attributable, can be avoided by taking out a specific insurance policy, where not provided for in mandatory form by the organiser.

4. In the case of pre-established groups, the withdrawal penalties will be the subject of a specific agreement from time to time upon signing the contract.

5. Trips that include the use of scheduled flights with special fares are excluded from the indication of the penalty percentage indicated above. In these cases the conditions relating to cancellation penalties are deregulated and much more restrictive as they take into account any non-refundable rates and are previously indicated when quoting the tourist package.

B) OF THE ORGANIZER

6. The organizer can 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:

- the number of people registered for the package is less than the minimum required by 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 package in case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days;

- the organizer is unable 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.

7. The organizer proceeds with all refunds prescribed pursuant to paragraphs 2 and 6 without unjustified delay and in any case within 14 days of withdrawal. In the cases referred to in art. 41, paragraphs 4 and 5, Tourism Code. the termination of functionally connected contracts stipulated with third parties is determined.

8. 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 receives the contractual conditions and preliminary information, whichever is later. , without penalties and without giving any reasons. In the case of offers with significantly lower rates compared to competing offers, the right of withdrawal is excluded. In this last case, the organizer documents the price change adequately highlighting the exclusion of the right of withdrawal.

9. In case of conclusion of a distance contract, as defined by the art. 45 paragraph 1 letter. g) of the Consumer Code, the right of withdrawal pursuant to art. is excluded. 47 paragraph 1 letter. g) of the Consumer Code.

11. RESPONSIBILITY OF THE ORGANIZER FOR INACCURATE EXECUTION AND SUPERVISIBILITY IN THE COURSE OF EXECUTION – OBLIGATIONS OF THE TRAVELER – TIMELINESS OF THE COMPLAINT

1. The organiser, pursuant to art. 42 of the Tourism Code, is responsible for the execution of the tourist services provided for in the tourist package sales contract, regardless of the fact that these tourist services must be provided by the organizer himself, by his auxiliaries or representatives when they act in the exercise of their functions, by third parties whose work it uses or by other suppliers of tourist services pursuant to article 1228 of the civil code.

2. The traveller, in compliance with the obligations of correctness and good faith referred to in articles 1175 and 1375 of the civil code, informs the organiser, directly or through the seller, promptly, during the course of the holiday, taking into account the circumstances of the case , of any defects of conformity detected during the execution of a tourist service provided for in the tourist package sales contract.

3. If one of the tourist services is not performed as agreed in the tourist package sales contract, the organizer will remedy the lack of conformity, unless this is impossible or excessively burdensome, taking into account the extent of the lack of conformity. conformity and value of the tourist services affected by the defect. If the organizer does not remedy the defect, the traveler has the right to a price reduction as well as compensation for the damage suffered as a result of the lack of conformity, unless the organizer demonstrates that the lack of conformity is attributable to the traveler or to a third party unrelated to the provision of tourist services or is unavoidable or unforeseeable or due to extraordinary and unavoidable circumstances.

4. Without prejudice to the exceptions above, if the organizer does not remedy the lack of conformity within a reasonable period set by the traveler with the complaint made pursuant to paragraph 2, the latter may personally remedy the defect and request reimbursement of expenses necessary, reasonable and documented; if the organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveler does not need to specify a deadline.

If a lack of conformity constitutes a breach of significant importance and the organizer has not remedied it with a timely complaint made by the traveller, in relation to the duration and characteristics of the package, the traveler can terminate the contract with immediate effect, or ask - if necessary - for a price reduction, without prejudice to any compensation for damages.

If, after departure, the organizer finds himself unable to provide, for any reason other than the traveller's own circumstances, or due to provisions of the Institutional Authorities, an essential part of the services provided for in the contract, he will have to prepare adequate alternative solutions for the continuation. of the scheduled trip not involving charges of any kind to be borne by the traveler, or reimburse the latter within the limits

12. SUBSTITUTIONS AND PRACTICAL CHANGE (ASSIGNMENT OF THE CONTRACT)

1. The traveler, subject to prior notice given to the organizer on a durable medium no later than seven days before the start of the package, may transfer the tourist package sales contract to a person who meets all the conditions for the use of the service.

2. The transferor and the transferee of the tourist package sales contract are jointly responsible for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and management costs of the procedures, resulting from this assignment.

3. The organizer informs the transferor of the actual costs of the transfer, which do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package sales contract and provides the transferor with proof relating to the rights, taxes or other additional costs resulting from the assignment of the contract. In the case of an air transport travel contract for which tickets have been issued at a preferential and/or non-refundable rate, the transfer could lead to the issuing of a new air ticket with the rate available on the date of the transfer itself.

13. OBLIGATIONS OF TRAVELERS

Without prejudice to the obligation to promptly communicate the lack of conformity, as provided for in the art. 11 paragraph 2, travelers must comply with the following obligations:

1. for the rules relating to the expatriation of minors, please refer expressly to what is indicated on the State Police website. However, it should be noted that minors must be in possession of a personal document valid for travel abroad or passport or, for EU countries, also an identity card valid for travel abroad.

As regards the exit from the country of minors under the age of 14 and for those for whom authorization issued by the Judicial Authority is required, the requirements indicated on the State Police website http://www.poliziadistato.it/ must be followed. article/191/.

2. Foreign citizens will have to find the corresponding information through their diplomatic representations present in Italy and/or the respective official government information channels. In any case, travelers will ensure, before departure, to check the update 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 Telephone Operations Center at number 06.491115 ) by adjusting before the trip. In the absence of this verification, no responsibility for the failure of one or more travelers to depart can be attributed to the intermediary or the organizer.

3. Travelers must in any case inform the intermediary and the organizer of their citizenship at the time of booking the tourist package or tourist service request and, at the time of departure, they must definitely ensure that they have the vaccination certificates required by law and regulations in force, the individual passport and any other document valid for all the countries affected by the itinerary, as well as residence and transit visas and health certificates that may be required.

4. Furthermore, in order to evaluate the socio/political, health, climate and environmental security situation and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveler will have the duty to obtain official information of a general nature from the Ministry of Foreign Affairs, and disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it . The above information is not contained in the TO catalogs - online or paper - since they contain descriptive information of a general nature as indicated in article 34 of the Tourism Code and not temporally changing information. They must therefore be assumed by the travellers.

5. If on the booking date the chosen destination appears, from the institutional information channels, to be a location subject to "warning" for reasons of socio-political or environmental safety, or health, the traveler who subsequently exercises the right of withdrawal will not be able to invoke, for the purposes of exemption or reduction of the compensation request for the withdrawal made, the absence of the contractual cause connected to the security conditions of the country as they were already known at the time of booking.

6. Travelers must also comply with the rules of common prudence and diligence and the specific ones in force in the travel destination countries, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating to the tourist package, as well as the rules of diligence and good conduct within the accommodation facilities. Failure to comply with the same, at the sole discretion of the Hotel Management, may result in the offender being removed from the facility and, where deemed appropriate, reporting to the competent Public Authorities. Likewise, situations relating to pathologies that may represent a risk to the health of other guests, or alterations in the mental state - if not previously reported and accepted in writing by the Tour Operator - constitute suitable circumstances to order possible removal from the structure.

7. Travelers will be held liable for all damages that the organizer and/or the intermediary may suffer also due to failure to comply with the obligations indicated above, including the expenses necessary for their repatriation.

8. The traveler is required to provide the organizer with all documents, information and elements in his possession useful for the exercise of the latter's right of subrogation towards third parties responsible for the damage and is responsible towards the organizer of the prejudice caused to the right of subrogation.

9. The traveler will also communicate in writing to the organiser, at the time of the proposal for the purchase and sale of a tourist package and therefore before sending the booking confirmation of the services by the organiser, any particular personal requests which may form the subject of agreements specific on the travel arrangements, provided that their implementation is possible and in any case be the subject of a specific agreement between the traveler and the organizer (see art. 6, paragraph 1, letter h), if necessary also through the authorized travel agency.

10. The Traveler has been informed by the Organizer regarding the now consolidated jurisprudential principle of the Traveller's self-responsibility stated in sentence no. 14257 of 8 July 2020 rendered by the Court of Cassation, Section III (which can be summarized as follows: "it must at the same time be stated that the purchasers of the tourist package themselves are also required to take diligent steps to acquire information that is easily accessible and readily understandable, in in compliance with the same principle of correctness and objective good faith in the execution of the contract (art. 1175 and 1375 cc), aimed at protecting the mutual trust of each contractor in the exact fulfillment of the contractual services") and by the Court of Justice, case C- 412/06, case C-489/07, case C-511/08.

14. HOTEL CLASSIFICATION

The official classification of hotel facilities is provided in the catalog or in other information material only on the basis of the express and formal indications of the competent authorities of the country in which 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 structures marketed as "Tourist Village", the organizer reserves the right to provide its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of the same by the traveller.

15. LIABILITY REGIME

The organizer is liable for damages caused to the traveler due to the total or partial failure to fulfill the contractually owed services, whether they are carried out by him personally or by third-party service providers, unless he proves that the event arose from a fact of the traveler (including initiatives independently undertaken by the latter during the execution of tourist services) or by the unforeseeable or inevitable act of a third party, by circumstances unrelated to the provision of the services provided for in the contract, by fortuitous circumstances, by force major, or by circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve. The seller with whom the tourist package was booked is not responsible for the obligations relating to the organization and execution of the trip, but is responsible exclusively for the obligations arising from his capacity as intermediary and for the execution of the mandate given to him by the traveller, as specifically provided for by the art. 50 of the Tourism Code including the guarantee obligations referred to in art. 47.

16. LIMITS OF COMPENSATION AND LIMITATION

The compensation referred to in the articles. 43 and 46 of the Tourism Code. and related limitation periods, are governed by the provisions therein, as well as by articles 1783 and 1784 of the civil code and in any case within the limits established by the International Conventions that regulate the services that form the subject of the tourist package, without prejudice to the fact that the compensation or reduction of the price granted pursuant to the cited articles and the compensation or price reduction granted pursuant to international regulations and conventions are deducted from each other. Personal damage is not subject to a pre-established limit. The right to a price reduction or compensation for damages for modifications to the tourist package sales contract or the replacement package expires in two years from the date of the traveler's return to the place of departure. The right to compensation for personal injury expires in three years from the date of return of the traveler to the place of departure or in the longest period provided for compensation for personal injury by the provisions regulating the services included in the package.

17. POSSIBILITY TO CONTACT THE ORGANIZER THROUGH THE SELLER

1. The traveler can address messages, requests or complaints relating to the execution of the package directly to the seller through whom he purchased it, who, in turn, promptly forwards them to the organizer.

2. For the purposes of compliance with the terms or limitation periods, the date on which the seller receives messages, requests or complaints referred to in the previous paragraph is considered the date of receipt also for the organizer.

18. DUTY OF ASSISTANCE

1. The organizer shall provide adequate assistance without delay to the traveler in difficulty also in the circumstances referred to in Article 42, paragraph 7, in particular by providing appropriate information regarding health services, local authorities and consular assistance and assisting the traveler in carrying out remote communications and helping him to find alternative tourist services. The organizer may demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveler or through his fault, within the limits of the expenses actually incurred.

2. The Traveler must cooperate diligently and correctly with the Organizer so that it is not excessively burdensome for the latter to guarantee the execution of his assistance duties and therefore, for example, he must provide communications of any disservices in a timely and clear manner.

19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS

If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking against costs arising from package cancellation, accidents and/or illnesses which also cover repatriation costs and for loss and/or damage to baggage. The rights arising from the insurance contracts must be exercised by the traveler directly against the stipulating insurance companies, under the conditions and with the methods provided for in the policies themselves, as set out in the policy conditions published in the catalogs or displayed in the brochures made available to travellers. at the time of departure.

20. GUARANTEES TO THE TRAVELER - TPL INSURANCE (art. 47 Tourism Code)

The sales contracts for tourist packages are supported by suitable guarantees provided by the Organizer and the Travel Agent intermediary in the sale which, for trips abroad and trips taking place within a single country guarantee, in cases of insolvency or bankruptcy of the seller or the organizer, the reimbursement of the price paid for the purchase of the tourist package and the immediate return of the traveler pursuant to art. 47 Tourism Code. The guarantee referred to in art. 47 Tourist Code. operates exclusively with reference to the tourist package sales contract as defined by the art. 33 Tourist Code. The Organizer has stipulated pursuant to art. 47 of the Tourism Code, the following insurance policy:

- RC/EUROP ASSISTANCE Italia SpA . No. 4818133 . RISKS COVERED: - Civil liability towards RCT/RCP third parties and towards RCO employees; - RCO civil liability towards workers: - Professional RCT, to guarantee professional obligations relating to travel contracts; - CPR for financial losses. Furthermore, the Consumer can take out the following additional optional policies at his own expense: - Baggage; - Travel accidents; - Flight accidents; - Trip cancellation costs. 

21. OPERATIONAL CHANGES

In consideration of the long advance with which the tourist products are published and the tailor-made packages which contain information relating to the methods of use of the services are developed, it is hereby announced that the times and flight routes indicated in the acceptance of the proposal for the purchase and sale of the services , as well as sometimes, the departure or arrival airport, could undergo variations as they are subject to subsequent validation.

It is also specified that if necessary, the type of aircraft and the booking class may be changed, as well as unscheduled stopovers and outbound and/or return airports being modified; Departures scheduled from another Italian airport can be grouped on a single airport with the transfer by coach from one airport to another and chartered flights can be replaced with scheduled flights (even with any technical stopovers). In consideration of the above, the traveler must request confirmation of the services from their agency before departure. We also inform you that pregnant women are generally admitted to air transport up to the 28th week provided with a certificate certifying the progress of the pregnancy, from the 29th to the 34th week only if provided with a medical certificate (drafted within 72 hours before the scheduled departure of the flight) certifying suitability to undertake air travel, beyond the 34th week they may not be accepted on board. It is advisable before booking a flight to consult your doctor and check that the return date does not exceed the 34th week, as previously specified. The organizer will inform passengers about the identity of the actual carrier within the times and in the manner provided for by art. 11 of EC Regulation 2111/2005 (referred to in art. 6 paragraph 2).

ADDENDUM GENERAL CONDITIONS OF CONTRACT FOR SALE OF INDIVIDUAL TOURIST SERVICES

A) REGULATORY PROVISIONS

Contracts having as their object the offer of a transport service only, a stay service only, or any other separate tourist service, not being able to be configured as a contractual case of travel organization or tourist package, do not enjoy the protections provided in favor of travelers by the European Directive 2015/2302 and the contractual conditions of the individual service provider will apply to them - unless otherwise indicated in the contract with the tour operator - as indicated on the supplier's website to which reference should be made. The seller who undertakes to procure a single tourist service for third parties, even electronically, is required to issue the traveler with the documents relating to this service, which indicate the sum paid for the service and cannot in any way be considered an organizer. of travel. Pursuant to art. 32 paragraph III of the Tourism Code, the regulations of the Consumer Code (Legislative Decree no. 206 of 6 September 2005) apply to individual tourist services.

B) REDUCED PRIVACY POLICY

Travelers are hereby informed that their personal data, the provision of which is necessary to allow the conclusion and execution of the travel contract, will be processed manually and/or electronically in compliance with current legislation. Any refusal will make it impossible to complete and consequently execute the contract. The exercise of the rights provided for by current legislation - for example: right to request access to personal data, rectification or cancellation of the same or limitation of the processing that concerns him or to oppose their processing, in addition to the right to data portability; the right to lodge a complaint with a supervisory authority – may be exercised against the data controller. For further information on the processing of data by the organizer, please refer to the specific section of the website www.incoming-tours.com containing the Privacy Policy.

MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW °38/2006

Italian law punishes crimes involving prostitution and child pornography with imprisonment, even if committed abroad.
INFORMATION REQUIRED IN ACCORDANCE WITH THE CURRENT TOURISM CODE

QUOTES expressed in Euros calculated at the value of the fixed exchange rate of the Euro for destinations that use this currency, based on the exchange rates in force at the time of the travel proposal for all currencies other than the Euro and on the rates of the carriers and with reference to the rights and taxes in force at the time of the estimate. For price changes relating to contracts already stipulated, reference will be made to: 1. changes in tariffs and fuel costs as communicated by the carriers; 2. changes and increases in fees and taxes, such as those for landing, disembarking and embarking in ports or airports as communicated by the competent authorities; 3. to currency fluctuations with an impact on 85% of the price of the tourist package.

SUBSTITUTIONS AND/OR VARIATIONS (see art. 12)
Changes to services already booked, provided they are possible, are subject to a charge of €49 per room for "practice change" in addition to the increase/reduction of the individual participation fee that the modification of the service as well as any further expense which will be quantified at the time. Changes related to transport (dates, operational, name), if permitted, will be subject to the payment of supplements to the same extent as they are applied by the operating carrier.

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TECHNICAL ORGANIZATION:

Incoming Tours Srls, via Padre Losi 24 - 26842 Caselle Landi (Lodi) - Italy

VAT number 12747370968

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INSURANCE COVERAGE
Civil Liability Insurance Policy n. 4818133 stipulated with the company  EUROPASSISTANCE Italia SpA .