Términos y condiciones

GENERAL TERMS AND CONDITIONS FOR THE SALE OF TOURIST PACKAGES

In addition to these general terms and conditions, the description of the tourist package contained in the catalogue or in the travel programme or on the website, as well as the booking confirmation of the services requested by the traveller together with the documents referred to in Art. 36 paragraph 8 of the ITALIAN Tourism Code form an integral part of the travel contract.

When the contract is intermediated by a Travel Agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as agent of the traveller, and the latter will have the right to receive it from the same. By signing the proposal for the sale of a tourist package, the traveller expressly declares that he/she has understood and accepted, for him/herself and for the persons for whom he/she requests the all-inclusive service, both the travel contract, as regulated therein, and the warnings contained therein, as well as these general conditions.

1. LEGISLATIVE SOURCES
   • The sale of tourist packages that have as their object services to be provided in both national and international territory is governed by Articles 32-51 novies of Legislative Decree no. 79 of 23 May 2011 as amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302 (so-called Tourism Code, hereinafter: CdT), as well as by the provisions of the Civil Code on transport, service contracting and mandate, as applicable, and by the Navigation Code (R.D. no. 327 of 30.03.1942).
2. ADMINISTRATIVE REGIME
   • The organiser and the agency selling the tourist package, to which the Traveller turns, must be authorised to carry out their respective activities in accordance with current legislation, including regional or municipal legislation, given their specific competence.
     2. The organiser and the intermediary must make known to third parties, prior to the conclusion of the contract, the details of the insurance policy for the coverage of risks arising from professional civil liability, as well as the details of other guarantee policies, included or optional, for the protection of travellers for the coverage of events that may affect the execution or performance of the holiday, such as cancellation of the trip or coverage of medical expenses, early return, loss of or damage to luggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the Organiser and the Seller, each to the extent of its competence, for the purposes of the possible return of the sums paid or the return of the traveller to the place of departure, where the package includes transport services.
3. DEFINITIONS
   • For the purposes of this contract, the following are defined as:
     a) Traveller: any person wishing to conclude or enter into a travel contract or who is authorised to travel on the basis of an organised tourism contract;
     b) Professional: any public or private natural or legal person who, as part of his or her commercial, industrial, handicraft or professional activity, acts in organised tourism contracts, including through another person acting in his or her name or on his or her behalf, in the capacity of organiser, seller, professional facilitator of related tourist services or supplier of tourist services, in accordance with the regulations in force;

c)Organiser: the professional who combines packages and sells or offers them for sale directly or through or together with another professional or the professional who transmits the data relating to the traveller to another professional;
d) Seller: the professional, other than the Organiser, who sells or offers for sale packages combined by an organiser;
e) Establishment: the one established by article 8, letter e) of Legislative Decree 26.3.2010 no. 59;

(f) Durable medium: any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information’s intended use 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) Non-compliance: a non-performance of the tourist services included in a package;
i) Return: a return of the traveller to the place of departure or another place agreed upon by the contracting parties;
l) Point of sale: any premises, movable or immovable, used for retail sale or retail website or similar online sales tool, even if the retail website or online sales tool is presented to the traveller as a single tool, including telephone service.

4. NOTION OF TOURIST PACKAGE
   4.1. The term «tourist package» means the combination of at least two different types of tourist services such as: 4.1.1. the carriage of passengers; 4.1.2. accommodation that is not an integral part of the carriage of passengers and is not intended for residential purposes or for long-term language courses; 4.1.3. the hire of cars, other vehicles or motorbikes, requiring a category A driving licence; 4.1.4. any other tourist service that does not constitute an integral part of one of the tourist services mentioned in the preceding paragraphs and is not a financial or insurance service, for the purposes of the same trip or holiday, if at least one of the following conditions is met
   (a) that those services are combined by a single professional, even at the request of the traveller or in accordance with his selection, before a single contract is concluded for all the services;
   (b) that such services, even if concluded under separate contracts with individual suppliers of tourist services, are:
   (b.1) purchased at a single point of sale and selected before the traveller consents to payment;
   b.2) offered, sold or invoiced at a fixed or global price
   b.3) advertised or sold under the name ‘package’ or similar denomination;
   (b.4) combined after the conclusion of a contract whereby the trader allows the traveller to choose from a selection of different types of tourist services or purchased from separate traders through related online booking processes whereby the name of the traveller, the payment details and the e-mail address are transmitted by the trader with whom the first contract is concluded to one or more other trader(s) and the contract with the latter is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service.
5. CONTENT OF THE CONTRACT – PURCHASE PROPOSAL
   5.1. On concluding the contract of sale of a tourist package or, in any case, as soon as possible, the organiser or the seller provides the traveller with a copy or confirmation of the contract on a durable medium.
   5.2. The traveller is entitled to a hard copy if the tourist package sale contract was concluded in the simultaneous physical presence of the parties.
   5.3. For contracts negotiated away from business premises (art. 45, paragraph 1 letter h) Legislative Decree no. 206 of 6.9.2005) a copy or confirmation of the tourist package sale contract is provided to the traveller on paper or, if the traveller agrees, on another durable medium.
   5.4. The contract constitutes entitlement to access the guarantee fund referred to in Article 20 below.
6. INFORMATION TO THE TRAVELLER – DATA SHEET
   6.1. Before the conclusion of the tourist package contract, the organiser or the intermediary provides the traveller with the following information
   a) times, duration, intermediate stopping places and connections; if the exact time has not yet been established, the organiser and, where appropriate, the seller, inform the traveller of the approximate time of departure and return;
   (b) destination(s) of the journey, itinerary, periods of stay with dates and, if accommodation is included, the number of nights included
   (c) means, characteristics and categories of transport
   (d) location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination
   (e) meals provided;
   f) visits, excursions or other services included in the total price of the package;
   (g) tourist services provided to the traveller as a member of a group and, if so, the approximate size of the group
   (h) the language in which the services are provided;
   (i) whether the travel or holiday is suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the travel or holiday taking into account the needs of the traveller. Particular requests regarding the modalities of supply and/or execution of certain services that are 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 in the place of stay, must be made at the time of the booking request and be the subject of a specific agreement between the traveller and the organiser, if necessary also through the agent agency;
   l) the commercial name and the geographical address of the organiser and, where present, of the seller, their telephone numbers and e-mail addresses
   (m) the total price of the package including all taxes, fees and other additional costs, including any administrative and handling charges or, where these are not reasonably calculable before the conclusion of the contract, an indication of the kind of additional costs that the traveller may still have to bear
   (n) the method of payment, including the amount or percentage of the price to be paid as a deposit, if any, and the time schedule for payment of the balance or the financial guarantees to be paid or provided by the traveller
   (o) the minimum number of persons required for the package and the time limit referred to in Article 41(5)(a) before the beginning of the package for the possible termination of the contract if the number is not reached
   (p) general information on passport and visa requirements, including approximate times for obtaining visas and health formalities in the country of destination
   q) information on the traveller’s right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs, or, if applicable, the standard withdrawal costs required by the organiser in accordance with Art. 41, paragraph 1 of the C.C.T;
   r) information on the optional or compulsory subscription of insurance that covers the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including return, in the event of accident, illness or death
   (s) the details of the insurance cover for insolvency or bankruptcy of the organiser or retailer as well as for civil liability in favour of the traveller;
   t) for tourist package contracts concluded by telephone, the organiser or the professional provides the traveller with the information set out in the standard information form in Annex A, part II CdT;
   u) information on the identity of the operating air carrier, where not known at the time of booking, as provided for by Art. 11 Re. Ce 2111/05 («if the identity of the operating air carrier(s) is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name(s) 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 ascertained and their possible prohibition from operating in the European Union»).
   6.2. The organiser shall prepare in the catalogue or in the programme outside the catalogue or on the website – also in electronic form or by telematic means – a technical sheet containing technical information about the obligations to which the tour operator is subject, such as, by way of example
   a) details of the organiser’s administrative authorisation or SCIA;
   b) details of the guarantees for travellers under Art. 47 CdT;
   c) details of the civil liability insurance policy;
   d) period of validity of the catalogue or programme outside the catalogue or published on the website
   e) parameters and criteria for adjusting the price of the trip (Art. 39 CdT).
7. CONCLUSION OF THE TOURIST PACKAGE CONTRACT
   7.1. The proposal for the sale of a tourist package must be drawn up on a specific contract form, also electronic or, in any case, on a durable medium, filled out in every part and signed by the customer, who will receive a copy. The acceptance of the proposal for the sale of the tourist package is understood to be finalised, with the consequent conclusion of the contract, only when the organiser sends the relative confirmation, also by telematic system, to the traveller at the seller Travel Agency (where present), which will take care of its delivery to the traveller. Information relating to the tourist package not contained in the contractual documents, brochures or other means of written communication will be provided by the organiser, in fulfilment of its obligations under Art. 36, para. 8 of the C.C.T., before the start of the trip.
   Special requests regarding the modalities of provision and/or execution of certain services that are 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 in the place of stay, must be made at the time of the booking request and be the subject of a specific agreement between the Traveller and the organiser, including through the mandated Travel Agency.
   7.2. In the case of contracts negotiated away from business premises, the traveller 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/she receives the contractual conditions and preliminary information (if later), without penalty and without providing any reasons. In the case of offers with significantly lower rates than the current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price change by adequately pointing out the exclusion of the right of withdrawal (Art. 41, para. 7 of the Consumer Code).
   7.3. The travel documents (e.g. vouchers) will be handed over to the traveller in good time before departure and the traveller must keep them and carry them with him/her during the trip in order to be able to make use of the regularly booked services, together with any other documents (e.g. flight tickets) handed over by the seller. The traveller is obliged to check the correctness of the data on the aforementioned documents and on the travel contract and to notify the seller immediately of any errors. The traveller must inform the organiser of the participants’ details exactly as stated on the personal identity documents.
   7.4 Any excursions, services or benefits purchased and paid for by the traveller on site are outside the scope of this contract. Therefore, no liability for this can be ascribed to the organiser or the seller, not even in the event that, as a mere courtesy, resident staff, accompanying persons, guides or local correspondents may take care of their booking.
8. PAYMENTS
   8.1. Unless otherwise indicated, upon signing the proposal to purchase the tourist package, the following must be paid
   a) the registration or practice management fee, where applicable;
   b) a deposit equal to 30% of the price of the tourist package published in the catalogue or in the package quotation provided by the organiser. The balance must be paid 30 days before the start of the package;
   8.2. For bookings made after the date indicated as the deadline for payment of the balance, the full amount of the price of the package must be paid at the time the purchase proposal is signed.
   8.3. Failure to pay the above-mentioned sums by the established dates, as well as failure to remit to the Tour Operator the sums paid by the traveller to the seller agency, without prejudice to any guarantee actions ex art. 47 CdT against the latter, constitutes an express termination clause pursuant to art. 1456 of the Italian Civil Code such as to determine the legal termination to be effected by simple written communication, by fax or e-mail, to the seller agency, or to the domicile, including electronic, where communicated, of the traveller. The balance of the price is considered to have been paid when the sums are received by the organiser directly from the traveller or through the intermediary Travel Agency chosen by the traveller.
9. PRICE AND REVISION
   9.1. The price of the tourist package is determined in the contract, with reference to what is stated in the catalogue or programme out of the catalogue and any updates to the same catalogues or programmes out of the catalogue that have subsequently taken place or on the operator’s website.
   9.2. After the conclusion of the tourist package contract, the price may be varied upwards or downwards exclusively as a result of changes concerning
   a) transport costs, including the cost of fuel or other energy source
   b) taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and embarkation fees at ports and airports and in any case on entry or exit from the country of destination and entry into parks or other areas of tourist interest
   (c) introduction of new government taxes or increases thereof of which there is no knowledge at the time the quotas are drawn up;
   (d) exchange rates relevant to the package.
   For such variations, reference will be made to the exchange rates and prices in force on the date of publication of the programme, as reported in the catalogue data sheet or on the date reported in any updates published on the website.
   9.3. If the price increase exceeds 10% of the total package price, Art. 40, paragraphs 2, 3, 4 and 5 of the GTC shall apply.
   9.4. An increase in price, regardless of its amount, is only possible after the organiser has given the traveller clear and precise notification on a durable medium, together with the justification for the increase and the method of calculation, at least twenty days before the start of the trip.
   9.5. The price consists of:
   (a) registration or handling fee, where applicable;
   b) participation fee that includes the insurance policy expressed in the catalogue or on the website or in the package quotation provided to the traveller;
   c) cost of any additional insurance policies where requested by the traveller;
   d) cost of any visas or entry and exit taxes from the holiday destination countries;
   e) airport and/or port charges and taxes.
10. MODIFICATION OR CANCELLATION OF THE PACKAGE BEFORE DEPARTURE – WITHDRAWAL BY THE ORGANISER
    10.1. Before the start of the package, the organiser reserves the right to unilaterally modify the conditions of the contract other than the price in accordance with Art. 39, where the modification is of minor importance. The organiser communicates the change to the traveller clearly and precisely on a durable medium.
    10.2. If, before the start of the trip, the organiser is obliged to significantly modify one or more of the main characteristics of the tourist services or cannot meet the specific requests previously accepted and set out in the contract, or proposes to increase the price of the package by more than 8%, the traveller, within the term of two working days from the communication sent by the organiser, must inform the organiser whether he/she accepts the proposed modification or withdraws from the contract without paying withdrawal costs. Failure on the part of the traveller to reply within the aforementioned period of two working days will be understood as acceptance of the proposed change. In the event of withdrawal, the organiser may offer the traveller a replacement package of equivalent or superior quality.
    10.3. The organiser informs the traveller, without undue delay, clearly and precisely on a durable medium
    (a) of the proposed changes and their effect on the price of the package;
    b) of the time limit within which the traveler must inform the organiser of his decision to accept or refuse the modifications
    (c) the consequences of the traveler’s failure to reply within the time limit referred to in (b) and the possible replacement package offered and its price.
    10.4. If the changes in the package contract or in the replacement package result in a package of lower quality or cost, the traveller has the right to an appropriate reduction in the price.
    10.5. In case of withdrawal from the package tour contract according to paragraph 10.2, if the traveller does not accept a replacement package, the organiser refunds without undue delay and in any case within fourteen days from the withdrawal from the contract all the payments made by or on behalf of the traveller and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 CdT apply.
    10.6. The organiser may withdraw from the tourist package contract and offer the traveller a full refund of the payments made for the package, but is not obliged to pay additional compensation if
    (a) the number of persons enrolled in the package is less than the minimum envisaged in the contract and the organiser notifies the traveller of his or her withdrawal from the contract within the period set out in the contract and in any case no later than: 20 days before the start of the package in the case of trips lasting more than 6 days; 7 days before the start of the trip in the case of trips lasting between 2 and 6 days; 48 hours before the start of the trip in the case of trips lasting less than 2 days;
    b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveller without unjustified delay before the start of the trip.
    10.7. The organiser is in any case entitled to deduct the administrative and handling costs from the refund due to the traveller, for which he is obliged to provide proof at the request of the traveller.
11. WITHDRAWAL BY THE TRAVELLER
    11.1. The traveller may withdraw from the tourist package contract at any time before the start of the trip, against reimbursement to the organiser of the expenses incurred, appropriate and justifiable, the amount of which the organiser will provide justification for to the traveller on request.
    11.2. The tourist package contract may provide for reasonable standard withdrawal penalties, calculated on the basis of the time of withdrawal from the contract and of the expected cost savings and expected revenue resulting from the reallocation of the tourist services.
    11.3. In the absence of a specification of standard withdrawal penalties, the amount of the withdrawal penalty shall correspond to the price of the package minus the cost savings and the expected revenue resulting from the possible reallocation of the tourist services.
    11.4. The traveller may take out insurance policies to cover the aforementioned costs of unilateral cancellation by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death. Depending on the package chosen, the organiser will inform the traveller about the optional or compulsory subscription of such policies.
    11.5. ln the event of unavoidable and extraordinary circumstances that occur at the place of destination or in its immediate vicinity and that have a substantial effect on the execution of the package or the transport of passengers to the destination, the traveller has the right to withdraw from the contract, before the start of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but does not have the right to additional compensation.
    11.6. The organiser shall refund any payment made by or on behalf of the traveller for the package after deducting the appropriate charges, without undue delay and in any case within 14 days of withdrawal.
12. OBLIGATIONS OF THE TRAVELLER
    12.1. During the negotiations and in any case prior to the conclusion of the contract, the traveller is provided in writing with general information regarding passports and visas and the health formalities necessary for participation in the tour.
    12.2. For regulations concerning the entry of minors, please refer expressly to what is indicated on the State Police website. It should be noted, however, that minors must be in possession of a personal document valid for expatriation, i.e., passport, or for EU countries, also an identity card valid for expatriation. As regards the expatriation of minors under the age of 14 and the expatriation of minors for whom Authorisation issued by the Judicial Authority is required, the instructions indicated on the State Police website must be followed.
    12.3. Foreign citizens must be in possession of an individual passport and any entry visa and must obtain the necessary up-to-date information through their diplomatic representations present in Italy and/or their respective official government information channels.
    12.4. In any case, travellers will, prior to departure, verify the updated information with the competent authorities (for Italian citizens, the local Questura (police headquarters) or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Centre on 06.491115), making adjustments before travelling. In the absence of such verification, no responsibility for the missed departure of one or more travellers can be attributed to the seller agency or the organiser.
    12.5. Travellers must in any case inform the seller and the organiser of their citizenship when requesting the booking of the tourist package or tourist service and, at the time of departure, they must definitively ensure that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries covered by the itinerary, as well as residence visas, transit visas and any health certificates that may be required.
    12.6. Furthermore, in order to assess the socio-political and health 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 traveller shall be responsible for obtaining official information of a general nature from the Ministry of Foreign Affairs, and disseminated through the Farnesina institutional website www.viaggiaresicuri.it.
    12.7. The above information is not contained in the Organiser’s catalogues – online or in hard copy – as they contain descriptive information of a general nature as set out in the information brochure and not information that is temporally changeable. Therefore, the Travellers shall be responsible for taking them into account.
    12.8. Up-to-date information should therefore be assumed by the Travellers by viewing all the information on the website of the Ministry of Foreign Affairs (tabs: «countries», «health while travelling» and «warnings»). The traveller is obliged, in accordance with the principle of the diligence of a good family man, to check the accuracy of his personal documents and those of any minors, as well as to provide himself with documents valid for expatriation in accordance with the rules of his own country and the conventions that regulate the matter. The traveller must ensure that the relevant formalities are completed, also considering that the seller or the organiser is not obliged to procure visas or documents.
    12.9. If, at the time of booking, the chosen destination is, according to the institutional information channels, subject to «discouragement» or «warning» for security reasons, the traveller who subsequently exercises the withdrawal may not invoke, for the purposes of exemption or reduction or request for indemnity for the withdrawal made, the lack of the contractual cause related to the security conditions of the country.
    12.10. Travellers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries to which they are travelling, with all the information provided to them by the organiser, and with the regulations and administrative or legislative provisions relating to the tourist package.
    12.11. Travellers will be held liable for all damages that the organiser and/or the seller may suffer as a result of failure to comply with the above obligations, including the costs necessary for their repatriation.
    12.12. The organiser may require the traveller to pay a reasonable cost for the assistance provided, if the problem is caused intentionally by the traveller or through his or her fault, within the limits of the expenses incurred.
    12.13. If the organiser or retailer has granted an indemnity or price reduction, or paid compensation for damages or has been obliged to fulfil other obligations prescribed by law, the organiser or retailer has a right of recourse against those persons who have contributed to the circumstances or the event giving rise to the indemnity, price reduction, compensation for damages or the other obligations in question, as well as against those who are obliged to provide assistance and accommodation services by virtue of other provisions, in the event that the traveller is unable to return to the place of departure. The organiser or retailer who has compensated the traveller shall be subrogated, within the limits of the compensation paid, to all the rights and actions of the latter against the third parties responsible; the traveller shall provide the organiser or retailer with all the documents, information and elements in his possession that are useful for the exercise of the right of subrogation.
13. SUBSTITUTIONS AND TRANSFER OF THE PACKAGE TO ANOTHER TRAVELLER
    13.1. The traveller, subject to prior notice given to the organiser on a durable medium no later than seven days before the start of the package, may transfer the tourist package contract to a person who meets all the conditions for the use of the service.
    The transferor and the transferee of the tourist package contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and handling costs, resulting from this transfer.
    13.2. The organiser shall inform the transferor of the actual costs of the assignment, which shall not be unreasonable and shall not exceed the costs actually incurred by the organiser as a result of the assignment of the package tour contract, and shall provide the transferor with proof of the fees, taxes or other additional costs resulting from the assignment of the contract. In the case of a travel contract involving air transport for which tickets were issued at a subsidised and/or non-refundable rate, the assignment may entail the issuance of new air tickets at the rate available on the date of the assignment.
    13.3. In any case, the traveller who requests the variation of an element relating to a confirmed booking, provided that the request does not constitute a contractual novation and provided that it is possible to implement it, shall pay the Tour Operator, in addition to the expenses resulting from the modification itself, a fixed flat-rate cost.
14. LIABILITY OF THE ORGANISER
    14.1. The organiser is responsible for the execution of the tourist services envisaged in the tourist package contract, regardless of whether such services are to be provided by the organiser himself/herself, by his/her auxiliaries or supervisors when acting in the performance of their duties, by third parties whose work he/she uses or by other suppliers of tourist services, pursuant to Article 1228 of the Italian Civil Code.
    14.2. The traveller, in accordance with the obligations of fairness and good faith referred to in Articles 1175 and 1375 of the Italian Civil Code, shall inform the organiser, directly or through the seller, in a timely manner, taking into account the circumstances of the case, of any non-conformity defects discovered during the performance of a tourist service included in the tourist package contract.
    If one of the tourist services is not performed as agreed in the tourist package contract, the organiser remedies the lack of conformity, unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity and the value of the tourist services affected by the lack of conformity. If the organiser fails to remedy the defect, the traveller has the right to a reduction in the price as well as compensation for the damage he/she has suffered as a result of the lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of the tourist services or is of an unavoidable or unforeseeable nature or due to extraordinary and unavoidable circumstances.
    14.4. Subject to the exceptions referred to in paragraph 16.3, if the organiser does not remedy the lack of conformity within a reasonable period of time set by the traveller in relation to the duration and characteristics of the package, with the complaint made in accordance with paragraph 16.2, the traveller may remedy the defect himself/herself and request reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveller does not need to specify a time limit.
    14.5. If a lack of conformity, in accordance with Article 1455 of the Italian Civil Code, constitutes a breach of the tourist services included in a package and the organiser has not remedied it within a reasonable period of time established by the traveller in relation to the duration and characteristics of the package, with the complaint made in accordance with paragraph 16.2, the traveller may, without charge, cancel the tourist package contract by right and with immediate effect or, if appropriate, request, in accordance with Article 43 of the Tourism Act, a reduction in the price, without prejudice, however, to any compensation for damages
    14.6. In the event of termination of the contract, if the package included the carriage of passengers, the organiser shall also arrange for the return of the traveller with equivalent transport without undue delay and at no additional cost to the traveller.
    14.7 Where it is impossible to ensure the traveler’s return, the organiser bears the costs of the necessary accommodation, where possible of a category equivalent to what was foreseen in the contract, for a period of no more than three nights per traveler or for the longest period that may be stipulated by the European Union legislation on passenger rights applicable to the relevant means of transport.
    14.8. The limitation of costs referred to in paragraph 14.6. does not apply to persons with reduced mobility, as defined in Article 2(1)(a) of Regulation (EC) No 1107/2006, and their accompanying persons, pregnant women, unaccompanied minors and persons in need of special medical assistance, provided that the organiser has been notified of their special needs at least 48 hours before the start of the journey. The organiser may not invoke unavoidable and extraordinary circumstances to limit the liability referred to in this paragraph if the transport provider cannot invoke the same circumstances under the applicable European Union legislation.
    14.9 If, due to unforeseen circumstances beyond the control of the organiser, it is impossible to provide a substantial part, in terms of value or quality, of the combination of tourist services agreed upon in the tourist package contract, the organiser offers, without any extra charge to the traveller, suitable alternative solutions of equivalent or higher quality, where possible, than those specified in the contract, so that the performance of the package can continue, including the eventuality that the return of the traveller to the place of departure is not provided as agreed. If the proposed alternative solutions result in a package of lower quality than that specified in the package contract, the organiser grants the traveller an appropriate price reduction.
    14.10. The traveller may only reject the proposed alternative solutions if they are not comparable with what was agreed in the tourist package contract or if the price reduction granted is inadequate.
    14.11. If it is impossible to provide alternative solutions or if the traveller rejects the proposed alternative solutions that are in line with the provisions of Clause 14.9, the traveller is granted a price reduction. In case of non-fulfilment of the offer obligation under sub-paragraph 14.9, sub-paragraph 14.5 applies.
    14.12 Where, due to unforeseen circumstances not attributable to the organiser, it is impossible to ensure the return of the traveller as agreed in the tourist package contract, subsections 16.6 and 16.7 apply.
15. LIMITATIONS OF LIABILITY – COMPENSATION
    15.1. The organiser is liable for damages caused to the traveller as a result of the total or partial non-fulfilment of the services contractually 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 traveller (including initiatives autonomously taken by the latter during the execution of the tourist services) or by the fact of a third party of an unforeseeable or unavoidable nature, from circumstances extraneous to the provision of the services envisaged in the contract, fortuitous events, force majeure or circumstances that the organiser himself could not, according to professional diligence, reasonably foresee or resolve.
    15.2. The intermediary with whom the booking of the tourist package has been made is not liable for the obligations relating to the organisation and execution of the trip, but is exclusively responsible for the obligations arising from his or her capacity as intermediary and for the execution of the mandate given to him or her by the traveller, as provided for by Art. 50 of the C.C.T., including the guarantee obligations as per Art. 47 of the C.C.T.
    15.3. If the conditions exist for the traveller to claim compensation for damages, such compensation, by express agreement, may in no case exceed three times the total price of the package, except for personal injury or damage caused intentionally or through negligence.
    15.4. The right to a reduction in price or compensation for damages for changes to the contract of sale of the package or the replacement package expires in two years from the date of the traveller’s return to the place of departure.
    15.5. The right to compensation for personal injury is time-barred in three years from the date of the return of the traveller to the place of departure or in the longer period provided for compensation for personal injury by the provisions governing the services included in the package.
16. DUTY OF CARE
    16.1. The organiser provides adequate assistance without delay to the traveller who finds himself/herself in difficulty, including in the circumstances referred to in article 42, paragraph 7 of the Tourism Act, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and by assisting the traveller in making long-distance communications and helping him/her to find alternative tourist services.
    16.2 The organiser may charge a reasonable fee for such assistance if the problem is caused intentionally by the traveller or through his fault, within the limits of the expenses actually incurred.
17. INSURANCE INCLUDED
    17.1. An insurance policy providing guarantees for personal assistance, medical expenses, luggage, trip cancellation is included in the participation fee.
    17.2. The rights arising from the insurance contracts must be exercised by the traveller directly against the stipulating Insurance Companies, under the conditions and in the manner stipulated in the policies themselves, as set out in the policy conditions published in the catalogues or displayed in the brochures made available to the traveller at the time of departure.
18. HOTEL CLASSIFICATION
    18.1. The official classification of hotel facilities is provided in the catalogue 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.
    18.2. In the absence of official classifications recognised by the competent Public Authorities of the EU Member States to which the service refers, or in the case of facilities marketed as a «Tourist Village», the organiser reserves the right to provide its own description of the accommodation facility in the catalogue or brochure, so as to enable the traveller to assess and consequently accept it.
19. ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS
    19.1. The organiser may propose to the traveller – in the catalogue, on the documentation, on its website or in other forms – alternative means of settling disputes that have arisen, in accordance with Art. 67 CdT. In this case the organiser will indicate the type of alternative resolution proposed and the effects that such adherence entails.
20. GUARANTEES TO THE TRAVELLER – EUROP ASSISTANCE
    20.1. The organiser and the seller established on the national territory are covered by a third party liability insurance contract in favour of the traveller for the compensation of damages resulting from the breach of their respective obligations under their respective contracts.
    20.2. The contracts for the organisation of tourist packages are assisted by suitable guarantees provided by the organiser and the intermediary who, for trips abroad and trips that take place within a single country, including trips in Italy, in cases of insolvency or bankruptcy of the organiser or the seller guarantee without delay at the request of the traveller, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveller if the package includes the transport of the traveller as well as, if necessary, the payment of board and lodging before the return. The guarantee shall be effective, appropriate to the volume of business and shall cover reasonably foreseeable costs, the amounts of payments made by or on behalf of travellers in connection with packages, taking into account the period between the down-payment and the final settlement and the completion of the packages, as well as the estimated cost of repatriation in the event of insolvency or bankruptcy of the organiser or seller.
    Travellers benefit from the protection in case of insolvency or bankruptcy of the organiser or retailer regardless of their place of residence, place of departure or place of sale of the package and regardless of the Member State where the entity providing protection in case of insolvency or bankruptcy is established.
    20.3. The identification details of the legal entity that, on behalf of the organiser, is required to provide the guarantee are indicated in the catalogue and/or on the organiser’s website and may also be indicated in the booking confirmation of the services requested by the traveller.
    20.4. The procedures for accessing the guarantee and the deadlines for submitting a claim for reimbursement of the sums paid are indicated on the Europe Assistance website for the protection of travellers, at www.europeassistance.com, as a legal entity to which Italy Camper Tour S.r.l.s. adheres.
    20.5. In order to avoid incurring forfeiture, it is advisable to keep in mind the deadlines indicated for the submission of claims. It is understood that the expiration of the deadline due to the impossibility of presenting the request and not due to inertia on the part of the traveller, allows for the same to be remitted within the deadline
21. OPERATIONAL CHANGES
    21.1. In view of the fact that catalogues are published well in advance with 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 traveller must request confirmation of the services from his or her Travel Agency prior to departure. The Organiser will inform passengers of the identity of the actual carrier at the times and in the manner stipulated in Article 11 of EC Reg. 2111/2005.

SALE OF INDIVIDUAL TOURIST SERVICES

Contracts whose object is to offer only the transport service or only the accommodation service or any other separate tourist service, since they cannot be considered as a negotiated case of travel organisation or tourist package, do not enjoy the protection provided for in favour of the traveller by European Directive 2015/2302.
 A seller who undertakes to procure a single tourist service to a third party, including by electronic means, is required to issue to the traveller the documents relating to the service purchased, showing the amount paid, and cannot in any way be regarded as a travel organiser.

PRIVACY POLICY
We remind travellers, who have already received, through Omologos, appropriate information regarding the processing of their personal data in accordance with art. 13 of Legislative Decree 196/2003 and subsequent amendments («Privacy Code») and art. 13 of EU Regulation 2016/679, that their personal data, the provision of which is necessary to enable the conclusion and execution of the travel contract, will be processed manually and/or electronically in accordance with the regulations in force. Any refusal to provide and process them will make it impossible to conclude and, consequently, to perform the services deriving from the contract. The rights provided for by current legislation (right of access, rectification, cancellation, restriction of processing, right to object, right to portability, right to complain to the supervisory authority) may be exercised vis-à-vis the data controller.
 The data controller may use the data provided for marketing purposes in order to inform travellers about its initiatives and commercial promotions only where express consent has been given.
Data controller: Italy Camper Tour S.r.l.s. with head office in Corso Italia n°5, Quarto. Naples. 80010 (ITALY), P. IVA e COD. FISC. 09334151215, e-mail address: amministrazione@italycampertour.com