As well as the general conditions that follow, the description of the tourist package contained in the catalog, or in the separate travel program, as well as the booking confirmation of the services requested by the traveler, are 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 sale of a tourist package, the traveler must keep in mind that it gives for read and accepted, for himself and for those for whom he requests the all-inclusive service, both the travel contract as therein governed, both the warnings contained therein, and these general conditions.
1) The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed by the Tourism Code, specifically by Articles 32 to 51-novies for 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, as applicable.
1) The organizer and the intermediary of the tourist package, to which the traveler turns, must be qualified for the execution of their respective activities according to the legislation in force, including regional or municipal, given the specific competence.
2) The organizer and the intermediary shall make known to third parties, before the conclusion of the contract, the details of the insurance policy to cover risks arising from professional liability, as well as the details of other optional or mandatory guarantee policies, to protect travelers for the coverage of events that may affect the execution or performance of the vacation, such as cancellation of the trip or coverage of medical expenses, early return, loss or damage to luggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the intermediary, each within its competence, for the purpose of the return of sums paid or the return of the traveler to the place of departure where the package includes the transport service.
3) According to art. 18, paragraph VI, of the Tourism Code, the use in the name or corporate name of the words “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other words and phrases, including foreign language, similar in nature, is allowed only to companies qualified under the first paragraph. , “tour operator”, “travel mediator” or other words and phrases, even in a foreign language, of a similar nature, is allowed only to companies qualified under the first paragraph.
1) For the purposes of the tourist package contract is meant by:
a) professional, any natural or legal person, public or private, who, as part of his commercial, industrial, craft or professional activity in organized tourism contracts acts, even through another person acting in his name or on his behalf, as an organizer, seller, professional who facilitates related tourist services or as a provider of tourist services, in accordance with the regulations set out in the Tourism Code;
b) organizer, 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 data about the traveler to another professional;
c) seller means the professional, other than the organizer, who sells or offers for sale packages combined by an organizer;
d) traveler means any person who intends to enter into a contract, or enters into a contract, or is authorized to travel pursuant to a concluded contract, within the scope of the Organized Tourism Contracts Act;
e) Establishment, the establishment defined by Article 8, letter e), of Legislative Decree No. 59 of March 26, 2010;
f) durable medium means any instrument which enables the traveler or professional to store information addressed personally to him or her in such a way that it can be accessed in the future for a period of time appropriate to the purposes for which it is intended and which allows the identical reproduction of the information stored;
g) 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;
h) lack of conformity, a non-performance of the tourist services included in a package;
i) point of sale means any premises, movable or immovable, used for retail sales or retail website or similar online sales tool, including where retail websites or online sales tools are presented to travelers as a single tool, including telephone service;
l) return means the return of the traveler to the place of departure or other place agreed upon by the Contracting Parties.
1) The notion of tourist package is the following
the combination of at least two different types of tourist services, such as: l. the transport of passengers; 2. accommodation that does not constitute an integral part of the transport of passengers and is not intended for residential purposes, or for long-term language courses; 3. the rental of cars, other vehicles or motorcycles and requiring a category A driving license; 4. any other tourist service that is not an integral part of one of the tourist services referred to in numbers 1), 2) or 3), and is not a financial or insurance service, for the purpose of the same trip or vacation, if at least one of the following conditions occurs:
a) such services are combined by a single professional, including at the request of the traveler or in accordance with the traveler’s selection, before a single contract is concluded for all services;
b) such services, even if concluded under separate contracts with individual suppliers, are:
b.1) purchased at a single point of sale and selected before the traveler consents to payment;
b.2) offered, sold, or billed at a flat or global price;
b.3) advertised or sold under the name “package” or similar designation;
b.4) combined after the conclusion of a contract by which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from separate professionals through a linked booking process by electronic means where the name of the traveler, payment details and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter professional(s) is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
1) At the moment of the conclusion of the contract of sale of a tourist package or, in any case, as soon as possible, the organizer or the seller, provides the traveler with a copy or confirmation of the contract on a durable medium.
2) The traveler is entitled to a hard copy if the contract of sale of a tourist package has been stipulated in the simultaneous physical presence of the parties.
3) With regard to contracts negotiated away from business premises, as defined in article 45, paragraph 1, letter h), of the legislative decree of 6 September 2005, no. 206, a copy or confirmation of the tourist package sale contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium.
4) The contract constitutes grounds for access to the guarantee fund referred to in art. 21 below.
1) Before the beginning of the trip the organizer and the intermediary will communicate to the traveler the following information
a) timetables, intermediate stopping places and connections. If the exact time is not yet established, the organizer and, where appropriate, the seller, will inform the traveler of the approximate time of departure and return;
b) information on the identity of the operating air carrier, if not known at the time of booking, in accordance with Art. 11 EC Reg. 2111/05 (Art. 11, paragraph 2 EC Reg. 2111/05: “If the identity of the operating air carrier(s) is not yet known at the time of booking, the air carriage contractor shall ensure that the passenger is informed of the name of the air carrier(s) that will operate as operating air carrier(s) for the flight(s) concerned. In such a case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as their identity has been established, and of any operating ban in the European Union” ;
c) location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination
d) meals provided included or not
e) visits, excursions or other services included in the total agreed price of the package;
f) the tourist services provided to the traveler as a member of a group and, if so, the approximate size of the group;
g) the language in which the services are provided;
h) whether the trip or vacation is suitable for persons with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler. Special requests regarding the modalities of provision and/or execution of certain services forming part of the tourist package, including the need for assistance at the airport for persons with reduced mobility, the request for special meals on board or at the place of stay, must be made at the time of the booking request and be the subject of a specific agreement between the traveler and the Organizer, if necessary also through the authorized travel agency;
i) the total price of the package including taxes and all duties, taxes and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable prior to the conclusion of the contract, an indication of the type of additional costs that the traveler may still incur
j) the method of payment, including the amount or percentage of the price to be paid as a deposit, if any, and the schedule for payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
k) the minimum number of persons required for the package and the time limit referred to in Article 41, paragraph 5, letter a), before the beginning of the package for the possible termination of the contract if the number is not reached;
l) information of a general nature concerning passport and/or visa requirements, including approximate times for obtaining visas, and health formalities in the country of destination;
m) information on the traveler’s right to withdraw from the contract at any time before the beginning of the package upon payment of appropriate withdrawal fees, or, if applicable, the standard withdrawal fees required by the organizer pursuant to Article 41, paragraph l of Legislative Decree 79/2011 and specified in the following Article 10 paragraph 3;
n) information on the optional or compulsory subscription of an insurance covering the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including repatriation, in case of accident, illness or death;
o) the details of the coverage referred to in Article 47, paragraphs l, 2 and 3 Dlgs. 79/2011.
The organizer prepares in the catalog or in the program out of print – even on electronic media or via computer – a data sheet. It contains the technical information relating to the legal obligations to which the Tour Operator is subject, such as, for example
– details of the organizer’s administrative authorization or S.C.I.A;
– details of the guarantees for travelers ex art. 47 Cod. Tur;
– details of the civil responsibility insurance policy;
– period of validity of the catalog or program outside the catalog;
– parameters and criteria for adjusting the price of the trip (Art. 39 Cod. Tur.).
1) At the time of signing the proposal for the purchase of the package must be paid:
– the registration fee or practice management (see art. 8);
– a deposit on the price of the tourist package published in the catalog or in the quotation of the package provided by the Organizer. The balance must be paid within the deadline established by the Tour Operator in its catalog or in the booking confirmation of the service/tour package requested.
2) For bookings made after the date indicated as the deadline for making the balance, the full amount must be paid at the time of signing the purchase proposal.
3) Failure on the part of the Organizer to receive the sums indicated above, by the established dates, as well as failure to remit to the Tour Operator the sums paid by the Traveller to the intermediary, will result in the automatic termination of the contract to be communicated by simple written notice, by fax or e-mail, at the intermediary agency, or at the domicile, including electronic, where communicated, of the traveller and without prejudice to any warranty claims under Art. The balance of the price is considered to have been paid when the sums are received by the organizer directly from the traveler or through the intermediary chosen by the traveler.
1) The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog, or program out of print and any updates of the same catalogs or programs out of print subsequently occurred, or on the website of the Operator.
2) It may be varied, up or down, only as a result of changes in:
– transportation costs, including the cost of fuel;
– fees and taxes relating to air transport, landing, disembarkation or embarkation fees at ports and airports;
– exchange rates applied to the package in question.
3) For such variations, reference will be made to the exchange rate and prices in force on the date of publication of the program, as reported in the data sheet of the catalog, or on the date reported in any updates published on the websites.
4) In any case, the price cannot be increased in the 20 days prior to departure and the revision cannot be more than 8% of the original price.
5) In the event of a decrease in price, the organizer has the right to deduct the administrative costs and management of actual practices from the refund due to the traveler, of which he is required to provide proof at the request of the traveler.
6) The price consists of:
a) registration fee or practice management fee;
b) participation fee: expressed in the catalog or in the quotation of the package provided to the intermediary or traveler;
c) cost of any insurance policies against the risks of cancellation and / or medical expenses or other services required;
d) cost of any visas and entry and exit taxes from the countries of the vacation destination.
e) airport and/or port charges and taxes.
1) The Tour Operator reserves the right to unilaterally change the conditions of the contract, other than the price, where the change is of little importance. The communication is made clearly and precisely through a durable medium, such as e-mail.
2) If before departure the organizer needs to significantly change one or more of the main characteristics of the tourist services referred to in art. 34 paragraph 1 letter a) or cannot meet 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 may accept the proposed change or withdraw from the contract without paying withdrawal costs.
3) If the traveler does not accept the proposed change referred to in paragraph 2, exercising the right of withdrawal, the organizer may offer the traveler a replacement package of equivalent or superior quality.
4) The organizer will inform the traveler by e-mail, without undue delay, in a clear and precise manner of the proposed changes referred to in paragraph 2 and their impact on the price of the package in accordance with paragraph 6.
5) The traveler communicates his choice to the organizer or the intermediary within two working days from the time he received the notice referred to in paragraph 1. In the absence of communication within that period, the proposal made by the organizer is considered accepted.
6) If the changes in the contract of sale of the tourist package or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an appropriate reduction in price.
7) In the event of withdrawal from the contract of sale of a package tour in accordance with paragraph 2, and if the traveler does not accept a replacement package, the organizer will refund without undue delay and in any case within 14 days of withdrawal from the contract all payments made by or on behalf of the traveler and has the right to be compensated for the non-performance of the contract, except in the following cases
a) No compensation shall be provided for the cancellation of the tour package by the Organizer when the cancellation of the same depends on the failure to reach the minimum number of participants that may be required, or the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal to the traveler without undue delay, before the start of the package.
b) No compensation will be paid for the cancellation of the tourist package when the organizer proves that the lack of conformity is due to force majeure and unforeseeable circumstances;
c) There is also no compensation deriving from the cancellation of the tourist package when the organizer proves that the lack of conformity is attributable to the traveler or to a third party not involved in the supply of tourist services included in the tourist package contract and is unforeseeable or unavoidable or is due to inevitable and extraordinary circumstances.
8) For cancellations other than those referred to in paragraph 7 letters a), b) and c), the organizer who cancels, will return to the traveler a sum equal to twice the amount paid by the same and actually received by the organizer, through the travel agent, provided that the amount refunded will never be more than twice the amounts of which the traveler would be liable on the same date in accordance with the provisions of art. 10, paragraph 3 if he had to cancel.
1) The traveler may also withdraw from the contract without paying penalties in the following cases:
a) In cases of
– increase in price to an extent exceeding 8%;
– significant modification of one or more elements of the contract objectively configurable as fundamental for the fruition of the tourist package considered as a whole and proposed by the organizer after the conclusion of the contract itself but before the departure and not accepted by the traveler;
– inability to meet the specific requests made by the traveler and already accepted by the organizer.
In the above cases, the traveler may
– accept the alternative proposal where formulated by the organizer;
– request the return of the sums already paid. This restitution must be made within the legal deadline indicated in the previous article.
b) In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial effect on the execution of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract, before the beginning of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but has no right to additional compensation.
2) The traveler who withdraws from the contract before departure for any reason, including unforeseen and occurred, outside the cases listed in the first paragraph, or those provided for in art. 9, paragraph 2, will be charged – regardless of the payment of the deposit referred to in art.7 paragraph 1 – the individual cost of practice management and any amount of insurance coverage already required at the time of conclusion of the contract or for other services already rendered, the penalty to the extent indicated below, unless more restrictive conditions – related to high season or full occupancy of facilities – which will be communicated to the traveler at the time of the estimate and then before the conclusion of the contract.
General cancellation policies:
a) Cancellation penalties for Trips in which CRUISES are included
up to 120 days before departure: 30% of the participation fee
from 119 to 90 days before departure: 50% of the participation fee
from 89 days before departure: 100% of the participation fee
b) Travel cancellation fees
up to 30 days before departure: 10% of the participation fee
from 29 to 20 days before departure: 25% of the participation fee
from 19 to 7 days before departure: 50% of the participation fee
after this deadline: 100% of the participation fee
These fees are in addition to the penalties relating to air tickets (special fares, instant purchase, low cost and scheduled flights).
The non-attributability to the traveler of the circumstance of a subjective nature that prevents him from enjoying the vacation (by way of example: illness, quarantine, revocation of vacation, loss of work, etc..) does not legitimize the withdrawal without penalty, provided by law only for objective circumstances found at the destination of the vacation referred to in paragraph 2 or for the cases referred to in paragraph 1. The economic consequences arising from the cancellation of the contract for circumstances falling within the personal sphere of the traveler, even if not attributable, can be avoided by taking out an insurance policy, where not provided in mandatory form by the organizer.
The organizer is not responsible for inefficiencies on the part of the issuers of visas, since its responsibility is limited to informing, together with travel agencies selling their packages, the general procedures for issuing visas and the transmission of passports. In the event of failure to obtain a visa that forces the cancellation of the trip, the above penalties will be applied.
3) In the case of pre-constituted groups, the penalties for withdrawal will be the subject of specific agreement from time to time at the signing of the contract.
4) From the indication of the penalty percentage indicated above, trips that include the use of scheduled flights with special fares are excluded. In these cases the conditions relating to cancellation penalties are deregulated and much more restrictive as they take into account any non-refundable fares and are indicated in advance when quoting the tourist package.
5) 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 obliged to pay additional compensation if
– the number of persons enrolled in the package is less than the minimum provided for in the contract and the organizer communicates the withdrawal from the contract to the traveler within the time limit set in the contract and in any case no later than twenty days before the start of the package in the case of trips that last more than six days, seven days before the start of the package in the case of trips that last between two and six days, forty-eight hours before the start of the package in the case of trips that last less than two days;
– the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the traveler without undue delay before the beginning of the package.
6) The organizer proceeds to all the refunds required under paragraphs 2 and 6 without undue delay and in any case within 14 days of withdrawal. In the aforementioned cases, the resolution of functionally related contracts entered into with third parties is determined.
7) In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the tourist package 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 if later, without penalty and without giving any reason. In cases of offers with rates significantly lower than competing offers, the right of withdrawal is excluded. In the latter case, the organizer shall document the change in price by adequately highlighting the exclusion of the right of withdrawal.
1) The organizer is responsible for the execution of the tourist services provided by the contract of sale of a tourist package, regardless of the fact that such services must be provided by the organizer himself, by his auxiliaries or supervisors when acting in the exercise of their functions, by third parties whose work he uses or by other providers of tourist services pursuant to Article 1228 of the Civil Code.
2) The traveler, in compliance with the obligations of fairness and good faith referred to in Articles 1175 and 1375 of the Civil Code, shall inform the organizer, directly or through the seller, promptly during the use of the service, taking into account the circumstances of the case, of any lack of conformity found during the execution of a tourist service provided by the contract of sale of tourist package.
3) If one of the tourist services is not performed as agreed in the contract of sale of the tourist package, the organizer shall remedy the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the organizer does not remedy the defect, the traveler has the right to the reduction of the price as well as to the compensation of the damage he has suffered as a consequence of the conformity defect, unless the organizer proves that the conformity defect is attributable to the traveler or to a third party not involved in the supply of the tourist services or it is of an unavoidable or unforeseeable nature or due to extraordinary and unavoidable circumstances.
4) Subject to the exceptions mentioned above, if the organizer does not remedy the lack of conformity within a reasonable period set by the traveler with the complaint made in accordance with paragraph 2, the latter may remedy the defect himself and request the reimbursement of the necessary, reasonable and documented expenses; if the organizer refuses to remedy the lack of conformity or if it is necessary to start immediately, there is no need for the traveler to specify a deadline.
If a lack of conformity constitutes a non-fulfilment of not insignificant importance and the organizer has not remedied it with the timely complaint made by the traveler, in relation to the duration and characteristics of the package, the traveler may terminate the contract with immediate effect, or request – if appropriate – a reduction in price, subject to any compensation for damages.
If, after departure, the Organizer finds it impossible to provide, for any reason other than the traveler’s own doing or due to measures taken by the Institutional Authorities, an essential part of the services provided for in the contract, it will have to provide suitable alternative solutions for the continuation of the planned trip not involving charges of any kind to be borne by the traveler, or reimburse the latter within the limits of the difference between the services originally planned and those provided.
The traveler can only reject the proposed alternative solutions if they are not comparable with what was agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or if the solution provided by the organizer is rejected by the traveler because it is not comparable with what was agreed in the contract or because the price reduction granted is inadequate, the organizer will provide, without additional charge, a means of transport equivalent to the original one planned for the return to the place of departure or to another place possibly agreed, subject to availability of means and places, and will reimburse the difference between the cost of the services provided and the services carried out until the time of the early return.
1) The traveler, upon prior notice given to the organizer on a durable medium no later than seven days before the beginning of the package, may transfer the contract of sale of a tourist package to a person who meets all the conditions for the use of the service.
2) The transferor and the transferee of the tourist package sale contract are jointly and severally liable for the payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and handling costs, resulting from such transfer.
3) The organizer informs the transferor of the actual costs of the transfer, which do not exceed the costs actually incurred by the organizer as a result of the transfer of the tourist package sales contract, and provides the transferor with proof of the rights, taxes or other additional costs resulting from the transfer of the contract.
Without prejudice to the obligation to promptly notify the lack of conformity, as provided for in art. 11 paragraph 2, travelers must comply with the following obligations:
In any case, travelers will, prior to departure, check for updates with the competent authorities (for Italian citizens, the local Police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Operations Center by telephone at 06.491115) and will comply before traveling. In the absence of such verification, no responsibility for the missed departure of one or more travelers can be attributed to the intermediary or the organizer.
The above information is not contained in the catalogs of the T.O. – online or on paper – since they contain descriptive information of a general nature as indicated in art.34 of the Tourism Code and not temporarily changing information. The same therefore must be assumed by the travelers.
The official classification of hotel facilities is provided in the catalog or other information material only on the basis of the express and formal indications of the competent authorities of the country where the service is provided.
In the absence of official classifications recognized by the competent Public Authorities of the EU member countries to which the service refers, or in the case of facilities marketed as “Tourist Village”, the organizer reserves the right to provide in the catalog or brochure its own description of the accommodation, such as to allow an evaluation and subsequent acceptance of the same by the traveler.
The organizer is liable for damages caused to the traveler due to total or partial non-fulfillment of the contractual services due, whether these are carried out by him personally or by third party service providers, unless he proves that the event was caused by the traveler (including initiatives taken independently by the latter during the execution of tourist services) or by the fact of a third party unforeseeable or inevitable, by circumstances extraneous to the provision of services under the contract, by accident, by force majeure, or by circumstances that the organizer himself could not, according to professional diligence, reasonably foresee or resolve.
The intermediary with whom the booking of the tourist package has been made is not responsible for the obligations relating to the organization and execution of the trip, but is responsible only for obligations arising from its quality of intermediary and for the execution of the mandate given by the traveler, as specifically provided for in Article 50 of the Tourism Code including the warranty obligations under Article 47.
The compensation referred to in Articles 43 and 46 of the Tourist Code and the related limitation periods are governed by what is provided for therein and in any case within the limits established by international conventions governing the services that are the subject of the tourist package as well as by Articles 1783 and 1784 of the Civil Code, with the exception of personal injury not subject to a fixed limit.
The right to price reduction or compensation for damages for changes in the contract of sale of the tourist package or the replacement package, is prescribed in two years from the date of return of the traveler to the place of departure.
The right to compensation for personal damages is prescribed in three years from the date of the return of the traveler to the place of departure or in the longest period provided for compensation for personal damages by the provisions governing the services included in the package.
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, will promptly forward them to the organizer.
For the purposes of compliance with the terms or periods of prescription, the date on which the seller receives messages, requests or complaints referred to in the preceding paragraph, is considered the date of receipt also for the organizer.
The organizer provides 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 about health services, local authorities and consular assistance and assisting the traveler in making communications at a distance 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.
If not expressly included in the price, it is possible and advisable, at the time of booking at the offices of the organizer or the seller, to take out special insurance policies against costs arising from the cancellation of the package, accidents and/or illness that also cover the cost of repatriation and for the loss and/or damage of luggage.
The rights arising from insurance contracts must be exercised by the traveler directly against the stipulating Insurance Companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogs or exposed in the brochures made available to travelers at the time of departure.
Pursuant to and for the purposes of art. 67 of the Tourism Code, the organiser may propose to the traveller – in the catalog, in the documentation, on its website or in other forms – alternative means of settling disputes that have arisen.
In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such adherence entails.
Organized tourism contracts are assisted by suitable guarantees provided by the organizer and the intermediary travel agent which, for trips abroad and trips taking place within a single country, guarantee, in cases of insolvency or bankruptcy of the intermediary or organizer, the refund of the price paid for the purchase of the tourist package and the immediate return of the traveler.
The identification details of the legal entity which, on behalf of the Organizer, is required to provide the guarantee are indicated in the catalog and/or website of the Organizer itself and may also be indicated in the booking confirmation of the services requested by the traveler.
The procedures for accessing the guarantee and the deadlines for submitting a request for reimbursement of the amounts paid are indicated on the website of the “ASTOI Fund for the Protection of Travellers”, at www.fondoastoi.it, as a legal entity to which the organiser belongs.
In order to avoid incurring forfeiture, it is advisable to keep in mind the deadlines indicated for the submission of applications. It is understood that the expiry of the deadline due to the impossibility of submitting the application and not to inertia of the traveler, allows the remission of the deadline.
In consideration of the early publication of the catalogs containing information on how to use the services, it should be noted that the flight times and routes indicated in the acceptance of the proposal to purchase the services may be subject to change as they are subject to subsequent validation. To this end, the traveler must ask for confirmation of services to their agency before departure. The organizer will inform passengers about the identity of the actual carrier within the time and in the manner provided by art. 11 of EC Reg. 2111/2005. (referred to in art.5).
GENERAL CONDITIONS OF CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES
The contracts having as their object the offer of only the transport service, only the accommodation service, or any other separate tourist service, not being able to configure as a negotiated case of organization of travel or tourist package, do not enjoy the protection provided in favor of travelers by the European Directive 2015/2302.
The seller who undertakes to procure a single tourist service to a third party, even electronically, is required to issue to the traveler the documents relating to this service, which show the amount paid for the service and can in no way be considered a travel organizer.
We inform the gentlemen travelers that their personal data, the conferment of which is necessary to allow the conclusion and execution of the travel contract, will be processed manually and / or electronically in accordance with current regulations. Any refusal will make it impossible to complete and execute the contract. The exercise of the rights provided for by the regulations in force – by way of example: the right to request access to personal data, the rectification or cancellation of the same or the limitation of processing concerning him or her or to oppose their processing, as well as the right to data portability; the right to lodge a complaint with a supervisory authority – may be exercised vis-à-vis the data controller.