TRAVEL RULES AND CONDITIONS
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF TOURIST PACKAGES
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed - until its repeal pursuant to art. 3 of Legislative Decree no. 79 of 23 May 2011 (the "Tourism Code") - by Law no. 1084 of 27/12/1977 ratifying and executing the International Convention relating to the travel contract (CCV), signed in Brussels on 23.4.1970 - in as applicable - as well as the Tourism Code referred to in Legislative Decree n.206 of 6 September 2005 (articles 82-100) and its subsequent amendments.
The organizer and the seller of the tourist package, to whom the consumer addresses, must be authorized to carry out their respective activities according to the applicable administrative legislation.
For the purposes of this contract, the following definitions apply:
a) travel organizer, the person who creates the combination of the elements referred to in the following art. 4 and is obliged in its own name and against a lump sum payment to procure tourist packages for third parties;
b) seller, the person who sells or undertakes to procure tourist packages made pursuant to the following article 4. for a lump sum payment;
c) consumer of tourist packages, the buyer, the transferee of a tourist package or any person even to be named, as long as he meets all the conditions required for the use of the service, on behalf of which the main contractor undertakes to purchase a tourist package.
CONCEPT OF TOURIST PACKAGE
The notion of a tourist package is as follows: "The tourist packages concern trips, holidays," all inclusive "circuits, tourist cruises, resulting from the combination, by anyone and in any way made, of 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 pursuant to art. 36 that constitute for the satisfaction of the recreational needs of the consumer, a significant part of the "package. The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed - until its repeal pursuant to art . 3 of Legislative Decree no. 79 of 23 May 2011 (the "Tourism Code") - by Law no. 1084 of 27/12/1977 ratifying and executing the International Convention relating to the travel contract (CCV), signed in Brussels on 23.4.1970 - in as applicable - as well as by the Tourism Code (articles 32-51) and its subsequent amendments. tourist chetto "(art. 34 of the Italian Tourism Code). The consumer has the right to receive a copy of the tourist package sales contract (drawn up pursuant to and in the manner set out in art. 35 of the Italian Tourism Code). The contract constitutes a title to access the Guarantee Fund referred to in the following art. 21.
COMPULSORY INFORMATION FOR THE CONSUMER - TECHNICAL SHEET
The organizer prepares a technical data sheet in the catalog or in the out-of-catalog program - also on electronic or telematic support. The mandatory elements of the technical data sheet of the catalog or of the off-catalog program are:
details of the administrative authorization or, if applicable, the DIA or SCIA of the organizer;
details of the civil liability insurance policy POLICY N. 10390139;
period of validity of the catalog or of the off-catalog program 1 YEAR;
methods and conditions for the replacement of the traveler (Article 39 of the Italian Tourism Code);
parameters and criteria for adjusting the travel price (Art. 40 of the Italian Tourism Code).
The organizer will also insert any additional special conditions in the technical sheet. At the time of the conclusion of the contract, the organizer will also inform passengers about the identity of the actual carrier (s), without prejudice to the provisions of art. 11 of EC Reg. 2111/2005, and its / their possible inclusion in the cd. "Black list" provided for by the same Regulation.
The booking proposal must be drawn up on a specific contractual form, electronic if necessary, completed in its entirety and signed by the customer, who will receive a copy. The acceptance of the reservations is considered completed, with the consequent conclusion of the contract, only when the organizer sends the relative confirmation, also by electronic system, to the consumer at the intermediary travel agency. The organizer will provide prior to departure the information relating to the tourist package not contained in the contractual documents, brochures or other means of written communication, as required by art. 37, paragraph 2 of the Italian Tourism Code Pursuant to art. 32, paragraph 2, of the Italian Tourism Code, in the case of contracts concluded at a distance or outside of commercial premises (as respectively defined by articles 50 and 45 of Legislative Decree 206/2005), the organizer reserves the right to communicate in writing the non-existence of the right of withdrawal provided for by art. 64 and ss. of Legislative Decree 206/2005.
The amount of the deposit, up to a maximum of 25% of the price of the tourist package, to be paid at the time of booking or at the time of the binding request and the date by which, before departure, the balance must be paid, are from the catalog, from the brochure or anything else. Failure to pay the above sums on the established dates constitutes an express termination clause such as to determine, by the intermediary agency and / or the organizer, the legal termination.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or out-of-catalog program and any subsequent updates of the same catalogs or out-of-catalog programs. It may be changed up to 20 days prior to departure and only as a result of changes in:
transportation costs, including the cost of fuel;
rights and taxes on certain types of tourist services such as duties, taxes or rights to land, disembark or board in ports and airports;
exchange rates applied to the package in question.
For these changes, reference will be made to the exchange rate and the above costs in effect on the date of publication of the program, as reported in the technical sheet of the catalog, or on the date reported in any updates above. The fluctuations will affect the flat rate of the tourist package in the percentage expressly indicated in the technical sheet of the catalog or program out of the catalog.
CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Before departure, the organizer or intermediary who needs to significantly modify one or more elements of the contract, immediately informs the consumer in writing, indicating the type of modification and the consequent price variation. . If you do not accept the proposed modification referred to in paragraph 1, the consumer may alternatively exercise the right to reacquire the sum already paid or to enjoy the offer of a replacement tourist package pursuant to paragraph 2 and 3 of article 10 The consumer can exercise the above rights even when the cancellation depends on the failure to reach the minimum number of participants foreseen in the Catalog or in the out-of-catalog Program or by cases of greater force 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 for those other than the non-acceptance by the consumer of the alternative tourist package offered, the organizer who cancels, ( Art. 33 lett. E Cod. Cons.) Will return to the consumer double the amount paid and collected by the organizer, through the travel agent. The refunded sum will never be more than double the amount that the consumer would be owed on the same date according to the provisions of art. 10, 4th paragraph if he were to cancel.
WITHDRAWAL OF THE CONSUMER
The consumer can withdraw from the contract, without paying penalties, in the following cases:
price increase referred to in the previous art. 8 to an extent exceeding 10%; - significant modification of one or more elements of the contract objectively configurable as fundamental for the use of 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 consumer. In the above cases, the consumer has the right alternatively: to take advantage of an alternative tourist package, at no extra cost or with the refund of the excess price, if the second tourist package has a lower value than the first; - to the refund of the only part of the price already paid. This return must be made within seven working days from the moment of receipt of the refund request. The consumer must communicate his decision (to accept the modification or to withdraw) no later than two working days from the moment he received the notice of increase or modification. In the absence of express communication within the aforementioned term, the proposal formulated by the organizer is considered accepted.
If the traveler intends to withdraw from the contract outside the hypotheses listed in the previous point, unless expressly stated by the organizer, the following conditions will apply:
waiver from the moment of confirmation: registration fee and any non-refundable expenses (e.g. air flights, train tickets) + 30% of the tourist package
cancellation from 29 to 18 days before departure: registration fee and any non-refundable expenses (e.g. flights / train) + 40% of the tourist package
cancellation from 17 to 09 days before departure: registration fee and any non-refundable expenses (e.g. air / train flights) + 60% of the tourist package
after this deadline, no reimbursement is due to the traveler who decides to interrupt the trip or stay, unless otherwise expressly indicated by the organizer.
CHANGES AFTER DEPARTURE
If, after departure, the organizer is unable to provide an essential part of the services contemplated in the contract for any reason, except for a fact of the consumer, he will have to arrange alternative solutions, without price supplements to be paid by the contractor. and if the services provided are of lower value than those provided, reimburse him in an amount equal to this difference. If no alternative solution is possible, or the solution prepared by the organizer is rejected by the consumer for proven and justified reasons, the organizer will provide, at no extra cost, a means of transport equivalent to the original one provided for the return to the place of departure. or to the different place eventually agreed, compatibly with the availability of vehicles and places, and will reimburse it to the extent of the difference between the cost of the services provided and that of the services performed up to the time of early return.
The renouncing consumer can be replaced by another person provided that:
a) the organizer is informed in writing at least 4 working days before the date set for the departure, receiving at the same time communication about the reasons for the replacement and the details of the transferee;
b) the transferee satisfies all the conditions for the use of the service (pursuant to art. 39 of the Tourism Code) and in particular the requirements relating to passport, visas, health certificates;
c) the same services or other replacement services can be provided following the replacement;
d) the substitute reimburses the organizer for all additional expenses incurred to proceed with the substitution, to the extent that will be quantified before the transfer. The transferor and the transferee are jointly liable for the payment of the balance of the price as well as the amounts referred to in letter d) of this article.
Any additional terms and conditions of replacement are indicated in the technical data sheet.
OBLIGATIONS OF CONSUMERS
During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided in writing with general information - updated to the date of printing of the catalog - relating to health obligations and the documentation necessary for expatriation. Foreign citizens will find the corresponding information through their diplomatic representations in Italy and / or their respective official government information channels. In any case, tourists will, before departure, check that they are updated with the competent Authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website http://www.viaggiaresicuri.it or the Operations Center Telephone at 06.491115) adapting before the trip. In the absence of such verification, no responsibility for the non-departure of one or more tourists can be attributed to the intermediary or the organizer. Tourists must inform the intermediary and the organizer of their citizenship and, at the time of departure, they must definitively make sure that they are in possession of vaccination certificates, an individual passport and any other document valid for all the countries touched. from the itinerary, as well as residence and transit visas and health certificates that may be required. Furthermore, in order to assess the health and safety situation of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the consumer will find (using the information sources indicated in paragraph 2) the official information of a general at the Ministry of Foreign Affairs which expressly indicates whether or not the destinations are subject to formal discouragement. Tourists must also comply with the rules of normal prudence and diligence and with the specific ones in force in the destination countries of the trip, 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. . Tourists will be held responsible for all damages that the organizer and / or the intermediary may suffer also due to the failure to comply with the obligations indicated above, including the expenses necessary for their repatriation. The consumer is required to provide the organizer with all documents, information and elements in his possession useful for exercising the latter's right of subrogation against third parties responsible for the damage and is liable to the organizer for the damage brought about the right of subrogation. The consumer will also communicate in writing to the organizer, at the time of booking, the particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that their implementation is possible. The consumer is always required to inform the Intermediary and the organizer of any special needs or conditions (pregnancy, food intolerances, disabilities, etc ...) and to explicitly specify the request for related personalized services.
The official classification of hotels is provided 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 classification recognized by the competent Public Authorities of the Countries also members of the EU to which the service refers, the organizer reserves the right to provide a description of the accommodation facility in the information brochure, such as to allow an evaluation and consequent acceptance of the same. by the consumer.
The organizer is liable for damages caused to the consumer due to the total or partial non-fulfillment of the contractually due services, whether they are carried out by him personally or by third party service providers, unless he proves that the event arose from fact of the consumer (including initiatives autonomously taken by the latter in the course of the execution of the tourist services) or by the fact of a third party of an unforeseeable or inevitable nature, by circumstances unrelated to the provision of the services provided for in the contract, by chance, by force greater, or from circumstances that the same organizer could not reasonably foresee or resolve, according to professional diligence. The intermediary with whom the tourist package was booked is not liable in any case for the obligations arising from the organization of the trip, but is solely responsible for the obligations arising from its capacity as intermediary and, in any case, within the limits provided for this responsibility. by the regulations in force on the subject, without prejudice to the exemption pursuant to art. 46 of the Italian Tourism Code
OBLIGATION OF ASSISTANCE
The organizer is required to provide assistance to the consumer according to the criterion of professional diligence with exclusive reference to the obligations at his own expense by law or contract. The organizer and the intermediary are exonerated from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failure or incorrect execution of the contract is attributable to the consumer or is due to the fact of a third party of an unpredictable nature or unavoidable, or was caused by a fortuitous event or force majeure.
COMPLAINTS AND COMPLAINTS
Any failure in the execution of the contract must be contested by the consumer during the use of the package by timely submitting a complaint so that the organizer, his local representative or the guide can promptly remedy it. Otherwise, the compensation for the damage will be reduced or excluded pursuant to art. 1227 cc The consumer must also - under penalty of forfeiture - file a complaint by sending a registered letter, with acknowledgment of receipt, or other means that guarantees proof of receipt, to the organizer or intermediary, within and no later than ten working days from the date of return to the place of departure. The management will only evaluate requests for reimbursement or reduction relating to services for which the balance of the consideration has already been made. JURISDICTION PADUA.
INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is possible, and indeed advisable, to take out special insurance policies at the time of booking at the offices of the organizer or seller against the costs deriving from the cancellation of the tourist package, from any accidents and events relating to luggage carried. It will also be possible to stipulate an assistance contract that covers repatriation costs in case of accidents, illnesses, unforeseeable circumstances and / or force majeure. The consumer will exercise the rights arising from these contracts exclusively towards the stipulating insurance companies, under the conditions and in the manner provided for by these policies.
CONSUMER GUARANTEES (art. 50 and 51 of the Italian Tourism Code).
Organized tourism contracts are backed by suitable guarantees given by the Organizer and by the intermediary travel agent which, for travel abroad and travel 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 consumer. The identification details of the legal entity who, on behalf of the Organizer, is required to provide the guarantee will be indicated in the catalog and / or on the website of the Tour Operator; they may also be indicated in the booking confirmation of the services requested by the consumer / traveler.
MANDATORY INFORMATION - TECHNICAL SHEET
Technical organization: Travel Agents IL VIAGGIATORE ON THE ROAD - Via BORGO PADOVA 13/2 - 35012 CAMPOSAMPIERO (PD) Tel. 049 825 8663 - Provincial Authorization nr. 423226 of 04/10/2019 - Europ Assistance Civil Responsible Office no. 10390139 - VAT and Fiscal Code: 05243440285 - Validity of this catalog: October 2019 / September 2020 - In tourist packages that include the flight, the name of the carrier who will carry out your flight (s) on time and in the manner provided for by art. 11 of EC Reg. 2111/2005 is indicated in the confirmation sheet; any changes will be promptly communicated to you, in compliance with Reg. CE.2111 / 2005.
ADDENDUM - GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF SINGLE TOURIST SERVICES
A) REGULATORY PROVISIONS Contracts relating to the offer of the transport service only, the accommodation service only, or any other separate tourist service, not being able to be configured as a negotiating case of travel organization or tourist package, are governed by following provisions of the CCV: art. 1, no. 3 and n. 6; articles from 17 to 23; articles from 24 to 31 (limited to the parts of these provisions that do not refer to the organization contract) as well as other agreements specifically referring to the sale of the single service covered by the contract. The seller who undertakes to provide a disaggregated tourist service to third parties, even electronically, is required to issue the consumer the documents relating to this service, which show the sum paid for the service and cannot in any way be considered an organizer. of travel.
B) CONDITIONS OF CONTRACT The following clauses of the general conditions of the contract for the sale of tourist packages listed above are also applicable to these contracts: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of these clauses does not absolutely determine the configuration of the related services as a case of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, trip, etc.) must therefore be understood with reference to the corresponding figures in the sales contract of individual tourist services (seller, stay, etc.). MANDATORY COMMUNICATION pursuant to art. 17 of Law no. 38/2006 Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.