General Terms and Conditions of Sale for tourist packages
In addition to the following general conditions, the description of the tour package contained in the catalog (online or printed), or in the separate travel program, constitutes an integral part of the tour package contract. Also, the booking confirmation sent by the organizer to the seller, acting as the traveler's agent, and the latter shall be entitled to receive it. When signing the proposal for the sale of a tour package, the tourist/traveler must bear in mind that it is considered read and accepted, for themselves and for the individuals for whom they request the all-inclusive service, both the travel contract as regulated therein, the warnings contained therein, and these general conditions.
1. LEGISLATIVE SOURCES
The sale of tourist packages and related services is governed by the Tourism Code (from art. 32 to art. 51-novies) as amended by Legislative Decree 62/2018 implementing EU Directive 2015/2302 and its subsequent amendments, as well as by the provisions of the Civil Code regarding transportation, service contracts, and mandates, as well as by the Navigation Code where applicable.
2. ADMINISTRATIVE REGIME
The organizer and the intermediary of the tourist package, to whom the tourist turns, must be authorized to carry out their respective activities in accordance with the applicable administrative regulations, including regional regulations.
3. DEFINITIONS (ART. 33 Tourism Code)
For the purposes of this contract, the following definitions apply: a) Traveler: anyone who intends to conclude or enter into a contract or is authorized to travel based on an organized tourism contract; b) Professional: any natural or legal person, public or private, who, in the course of their commercial, industrial, craft, or professional activity, acts, in organized tourism contracts, either directly or through another person acting on their behalf or on their behalf, as an organizer, seller, professional facilitating connected tourist services, or supplier of tourist services, in accordance with applicable regulations; c) Organizer: the professional who combines packages and sells or offers them for sale directly or together with another professional; d) Seller: the professional other than the Organizer who sells or offers for sale packages combined by an organizer.
4. CONCEPT OF TOUR PACKAGE (ART. 33, paragraph 1, no. 4, letter c) Tourism Code)
A tourist package is defined as the "combination of at least two different types of tourist services for the purpose of the same trip or holiday, if at least one of the following conditions is met: 1) such services are combined by a single professional, either at the request of the traveler or in accordance with their selection, before a single contract for all services is concluded; 2) such services, even if concluded with separate contracts with individual providers of tourist services, are: 2.1) purchased at a single point of sale and selected before the traveler consents to payment; 2.2) offered, sold, or invoiced at a flat or global price; 2.3) advertised or sold under the name "package" or similar denomination; 2.4) combined after the conclusion of a contract in which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from different professionals through connected telematic reservation processes where the traveler's name, payment details, and email address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or these other professionals is concluded no later than 24 hours after the confirmation of the reservation of the first tourist service.
5. PRE-CONTRACTUAL INFORMATION TO THE TRAVELER (ART. 34 Tourism Code)
Before concluding the contract for a tourist package or a corresponding offer, the organizer, and in the case where the package is sold through a seller, also the seller, provide the traveler with the relevant standard information form as per Annex A, Part I or Part II of the Tourism Code, as well as the following information: a) the main characteristics of the tourist services, such as: 1) the destination or destinations of the trip, the itinerary, and the periods of stay with respective dates and, if accommodation is included, the number of nights included; 2) the means, characteristics, and categories of transportation, the places, dates, and times of departure and return, the duration, the location of intermediate stops, and connections; if the exact schedule is not yet established, the organizer, and if applicable, the seller, inform the traveler of the approximate departure and return times; 3) the location, main characteristics, and, where applicable, the tourist category of the accommodation in accordance with the regulations of the destination country; 4) the meals provided; 5) the visits, excursions, or other services included in the total agreed price of the package; 6) the tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group; 7) the language in which the services are provided; 8) if the trip or vacation is suitable for persons with reduced mobility and, upon request of the traveler, precise information on the suitability of the trip or vacation taking into account the traveler's needs; b) the commercial name and geographical address of the organizer and, if applicable, the seller, their telephone contacts, and email addresses; c) the total price of the package inclusive of taxes and all rights, taxes, and other additional costs, including any administrative and management fees, or, if these are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs that the traveler may still have to bear; d) the payment methods, including the possible amount or percentage of the price to be paid as a deposit and the schedule for payment of the balance, or the financial guarantees that the traveler is required to pay or provide; e) the minimum number of people required for the package and the deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for the possible termination of the contract in case of failure to reach the number; f) general information concerning passport and visa conditions, including approximate times for obtaining visas and health formalities of the destination country; g) information on the traveler's right to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal fees, or, if provided, the standard withdrawal fees required by the organizer under Article 41, paragraph 1 of the Tourism Code; h) information on the optional or mandatory subscription to insurance covering the expenses of unilateral withdrawal from the contract by the traveler or assistance expenses, including repatriation, in case of accident, illness, or death; i) the details of the coverage referred to in Article 47, paragraphs 1, 2, and 3 of the Tourism Code. 2. For contracts for tour packages referred to in Article 33, paragraph 1, letter d), concluded by telephone, the organizer or the professional provides the traveler with the standard information as per Annex A, Part II, to this decree, and the information referred to in paragraph 1.
6. CONCLUSION OF THE TOUR PACKAGE CONTRACT (ART. 36 Tourism Code)
The proposal for the sale of a tourist package must be drawn up on a specific contractual form, if applicable electronic or, in any case, on durable medium, completed in all its parts, and signed by the customer, who will receive a copy. The acceptance of the proposal for the sale of the tour package is considered perfected, with the consequent conclusion of the contract, only when the organizer sends the relevant confirmation, also by electronic means, to the traveler at the selling Travel Agency, which will deliver it to the traveler. 2. The contract may also be concluded through online booking platforms, and in such cases, it will be deemed perfected for the traveler upon payment of the deposit of the price to the extent and within the terms indicated in the booking confirmation. 3. Information regarding the tour package not contained in the contractual documents, brochures, or other written communication means, shall be provided by the organizer, in compliance with the obligations imposed on them by Article 36, paragraph 8, Tourism Code, before the start of the trip. 4) Special requests regarding the provision and/or execution of certain services included in the tour package, including the need for assistance at the airport for persons with reduced mobility, requests for special meals on board or at the place of stay, must be made at the time of booking and be the subject of specific agreement between the Traveler and the Organizer, through the intermediary of the appointed Travel Agency. 5. In the case of contracts negotiated outside commercial premises, the traveler has the right to withdraw from the tour package contract within a period of five days from the date of conclusion of the contract or from the date on which they receive the contractual conditions and preliminary information if later, without penalties and without providing any justification. In cases of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In this latter case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal (Article 41, paragraph 7, Tourism Code).
7. PAYMENTS
If not otherwise indicated in the pre-contractual information or in the contract, at the time of subscribing to the proposal to purchase the tourist package, the following amounts must be paid: a) the registration or handling fee (see art.8); b) a deposit, amounting to 30% of the price of the tour package published in the catalog or in the quote provided by the Organizer, by the deadline indicated in the booking confirmation. The balance must be paid, without postponement, by the deadline set by the Tour Operator in its catalog or in the booking confirmation of the requested service/tour package; 2. For bookings made after the date indicated as the deadline for making the balance payment, the entire amount must be paid at the time of subscribing to the purchase proposal; 3. Failure to pay the above sums by the established dates, as well as failure to remit to the Tour Operator the sums paid by the Traveler to the selling Agency, and without prejudice to any warranty actions under Article 47 Tourism Code against the latter, constitutes an express resolutive clause pursuant to Article 1456 of the Civil Code, resulting in the automatic termination of the contract by means of a simple written communication, via fax or email, to the selling Agency, or to the traveler's domicile, including electronic domicile, if communicated. The payment of the price is considered made when the sums are received by the organizer directly from the traveler or through the intermediary Travel Agency chosen by the same traveler.
8. PRICE (ART. 39 CdT)
1.The price of the tourist package is determined in the contract and/or in the booking confirmation, with reference to what is indicated in the catalog, or out-of-catalog program and any subsequent updates to the same catalogs or out-of-catalog programs, or on the Operator's website. 2. After the conclusion of the tour package contract, prices can be increased as indicated by the Organizer, up to a maximum of 8%, only if the contract expressly provides for it and specifies that the traveler is entitled to a corresponding price reduction, as well as the calculation method for the price revision. In this case, the traveler is entitled to a price reduction corresponding to the decrease in costs as per paragraph 2, letters a), b), and c), which occurs after the conclusion of the contract and before the start of the package. 3. Price increases are only possible as a result of changes concerning: a) the price of passenger transport based on fuel or other energy costs; b) the level of 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, boarding, and disembarking taxes at ports and airports; c) relevant exchange rates for the package. 4. If the price increase under this article exceeds 8 percent of the total package price, Article 40, paragraphs 2, 3, 4, and 5 of the Tourism Code applies. 5. A price increase, regardless of its amount, is only possible following clear and precise communication on durable medium from the organizer to the traveler, along with the justification for such increase and the calculation method, at least twenty days before the start of the package. 6. In case of a price decrease, the organizer is entitled to deduct actual administrative and processing fees from the refund due to the traveler, for which they must provide evidence upon the traveler's request.
9. AMENDMENT OR CANCELLATION OF THE TOUR PACKAGE BEFORE DEPARTURE (ART. 40 Tourism Code)
Before the start of the package, the organizer cannot unilaterally modify the contract conditions other than the price under Article 39, unless they have reserved this right in the contract and the modification is of little importance. The organizer communicates the modification to the traveler clearly and precisely on a durable medium. 2. If, before the start of the package, the organizer is obliged to significantly modify one or more main characteristics of the tourist services under Article 34, paragraph 1, letter a), or cannot meet the specific requests under Article 36, paragraph 5, letter a), or proposes to increase the package price by more than 8 percent under Article 39, paragraph 3, the traveler, within a reasonable period specified by the organizer, may accept the proposed modification or withdraw from the contract without incurring withdrawal fees. In case of withdrawal, the organizer may offer the traveler a substitute package of equivalent or superior quality. 3. The organizer informs the traveler, without undue delay, clearly and precisely on a durable medium: a) of the proposed modifications under paragraph 2 and their impact on the package price under paragraph 4; b) of a reasonable period within which the traveler must inform the organizer of their decision under paragraph 2; c) of the consequences of the traveler's failure to respond within the period referred to in letter b) and of the possible substitute package offered and its price. 4. If the contract modifications or substitute package under paragraph 2 result in a lower quality or cost package, the traveler is entitled to an appropriate price reduction. 5. In case of withdrawal from the tour package contract under paragraph 2, if the traveler does not accept a substitute package, the organizer refunds without undue delay and in any case within fourteen days from the withdrawal from the contract all payments made by or on behalf of the traveler, and the provisions of Article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 of the Tourism Code apply.
10. TRAVELER'S WITHDRAWAL (ART. 41 Tourism Code)
1. The traveler may withdraw from the tourist package contract at any time before the start of the package by providing written notice to the Agency or the Tour Operator, upon payment of standard withdrawal fees (cancellation penalties). 2. The amount of the cancellation penalty will be calculated as follows:
- 30% of the total cost of the trip if the cancellation is communicated from the confirmation date up to 31 calendar days before the scheduled departure date;
- 50% of the total cost of the trip if the cancellation is communicated from 30 to 21 calendar days before the scheduled departure date;
- 80% of the total cost of the trip if the cancellation is communicated from 20 to 14 calendar days before the scheduled departure date;
- 100% of the total cost of the trip if the cancellation is communicated 13 calendar days before the scheduled departure date.
3. In the event of unavoidable and extraordinary circumstances occurring at the travel destination or in its immediate vicinity, substantially affecting the execution of the package or the transportation of passengers to the destination, the traveler has the right to withdraw from the contract before the start of the package, without incurring withdrawal fees, and to receive a full refund of payments made for the package, but is not entitled to additional compensation. 4. The organizer may withdraw from the tour package contract and offer the traveler a full refund of payments made for the package, but is not obligated to pay additional compensation if: a) the number of persons registered for the package is lower than the minimum stipulated in the contract and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and in any case no later than twenty days before the start of the package for trips lasting more than six days, seven days before the start of the package for trips lasting between two and six days, forty-eight hours before the start of the package for trips lasting less than two days; b) the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveler without undue delay before the start of the package. 5. The organizer shall proceed with all refunds prescribed under paragraphs 4 and 5 or, with regard to what is provided in paragraphs 1, 2, and 3, shall reimburse any payment made by or on behalf of the traveler for the package after deducting the appropriate expenses, without undue delay and in any case within fourteen days of the withdrawal. In cases referred to in paragraphs 4 and 5, the resolution of functionally related contracts entered into with third parties shall be determined.
11. SUBSTITUTIONS AND TRANSFER OF THE TOUR PACKAGE TO ANOTHER TRAVELER (ART. 38 CdT)
1. The traveler, with prior notice given to the organizer in a durable medium no later than seven days before the start of the package, may transfer the tour package contract to a person who meets all the conditions for enjoying the service. 2. The transferor and the transferee of the tour package contract are jointly responsible for the payment of the balance of the price and any additional fees, taxes, and other additional costs, including any administrative and processing fees, resulting from such transfer. 3. The organizer informs the transferor of the actual costs of the transfer, which cannot be unreasonable and shall not exceed the expenses actually incurred by the organizer as a result of the transfer of the tour package contract, and provides the transferor with evidence regarding the fees, taxes, or other additional costs resulting from the transfer of the contract. 4. In any case, the Traveler who requests a change to an element related to an already confirmed booking, provided that the request does not constitute a contractual novation and always that its implementation is possible, will pay to the Tour Operator, in addition to the expenses resulting from the modification itself, a fixed lump sum cost.
12. OBLIGATIONS OF TRAVELERS
1. During negotiations and in any case before the conclusion of the contract, the Traveler shall be provided in writing with general information concerning passports and visas and the health formalities necessary for leaving the country. 2. For rules concerning the departure of minors, express reference is made to what is indicated on the website of the State Police. However, it is clarified that minors must be in possession of a valid personal document for leaving the country, or for EU countries, also of an identity card valid for travel. As for the departure of minors under 14 years of age and the departure of minors for whom authorization issued by the Judicial Authority is required, the prescriptions indicated on the website of the State Police www.poliziadistato.it/articolo/191/ must be followed. 3. Travelers must in any case obtain the corresponding information through their diplomatic representations and/or their respective official government information channels. In any case, travelers shall, before departure, verify their accuracy 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 Telephone Operations Center at number 06.491115) and comply with them before the trip. In the absence of such verification, no responsibility for the non-departure of one or more travelers can be attributed to the selling agency or the organizer. 4. Travelers must in any case inform the seller and the organizer of their citizenship at the time of booking the tour package or tourist service and, at the time of departure, must definitively ensure that they are in possession of vaccination certificates, individual passports, and any other documents valid for all countries visited on the itinerary, as well as residence visas, transit visas, and health certificates that may be required. 5. Furthermore, in order to assess the socio-political, health safety, and any other useful information regarding the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveler shall have the obligation to obtain official general information from the Ministry of Foreign Affairs, disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it. The above information is not contained in the catalogs of the T.O. - online or paper-based - as they contain descriptive information of a general nature as indicated in the informational brochure and not temporally changing information. Therefore, they must be assumed by the Travelers. Travelers must also adhere to the observance of normal prudence and diligence rules and those specific to the destination countries of the trip, to all information provided to them by the organizer, as well as to the regulations and administrative or legislative provisions relating to the tour package. Travelers will be held responsible for all damages that the organizer and/or the seller may suffer also due to the failure to comply with the above obligations, including the expenses necessary for their repatriation. 6. The organizer or the seller who has granted compensation or a price reduction, or paid compensation for damage, or has been forced to comply with other obligations prescribed by Law, has the right of recourse against the parties who have contributed to the occurrence of the circumstances or the event from which the compensation, price reduction, damage compensation, or other obligations in question have arisen, as well as against the subjects obliged to provide assistance and accommodation services under other provisions, in case the traveler cannot return to the place of departure. The organizer or the seller who has compensated the traveler is subrogated, to the extent of the compensation paid, in all the rights and actions of the latter against the third parties responsible; the traveler provides the organizer or the seller with all the documents, information, and elements in his possession useful for the exercise of the right of subrogation (art. 51 quinquies CdT).
13. ORGANIZER'S LIABILITY REGIME (ART. 42 CdT)
1. The Organizer is responsible for the execution of the tourist services provided by the tourist package contract, regardless of whether such tourist services must be provided by the organizer itself, its assistants, or employees when acting within the scope of their functions, by third parties whose work is used or by other providers of tourist services, pursuant to Article 1228 of the Civil Code. 2. The traveler, pursuant to Articles 1175 and 1375 of the Civil Code, promptly informs the Organizer, directly or through the seller, taking into account the circumstances of the case, of any lack of conformity observed during the performance of a tourist service provided by the tourist package contract. 3. If one of the tourist services is not performed in accordance with the terms agreed in the tourist package contract, the Organizer remedies the lack of conformity, unless this is impossible or excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the lack. If the Organizer does not remedy the lack, Article 43 applies. 4. Without prejudice to the exceptions in paragraph 3, if the Organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made under paragraph 2, the traveler may personally remedy the lack and request reimbursement of the necessary, reasonable, and documented expenses; if the Organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveler does not need to specify a deadline. 5. If a lack of conformity, pursuant to Article 1455 of the Civil Code, constitutes a material breach of the tourist services included in a package and the Organizer has not remedied it within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made under paragraph 2, the traveler may, without charge, terminate the tourist package contract by right and with immediate effect or, if applicable, request, pursuant to Article 43, a price reduction, subject to any compensation for damages. In the event of termination of the contract, if the package included passenger transport, the Organizer also arranges for the traveler's return with equivalent transport without undue delay and without additional costs to the traveler. 6. Where it is impossible to ensure the return of the traveler, the Organizer bears the costs of necessary accommodation, where possible of a category equivalent to that provided for in the contract, for a period not exceeding three nights per traveler or for the longer period provided for by EU regulations on passenger rights, applicable to the relevant means of transport. 7. The limitation of costs under paragraph 6 does not apply to persons with reduced mobility, as defined in Article 2, paragraph 1, letter a), of Regulation (EC) No 1107/2006, and their companions, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that the Organizer has been notified of their particular needs at least forty-eight hours before the start of the package. The Organizer cannot invoke unavoidable and extraordinary circumstances to limit the liability under this paragraph where the transport service provider cannot invoke the same circumstances under applicable EU regulations. 8. If due to circumstances not attributable to the Organizer, it is impossible to provide, during the performance, a substantial part, in terms of value or quality, of the combination of tourist services agreed upon in the tourist package contract, the Organizer offers, at no extra cost to the traveler, adequate alternative solutions of equivalent or higher quality, where possible, compared to those specified in the contract, so that the performance of the package can continue, including the possibility that the traveler's return to the place of departure is not provided as agreed. If the alternative solutions proposed involve a lower-quality package than specified in the tourist package contract, the Organizer grants the traveler an appropriate price reduction. 9. The traveler may reject the proposed alternative solutions only if they are not comparable to what was agreed in the tourist package contract or if the price reduction granted is inadequate. 10. If it is impossible to provide alternative solutions or the traveler rejects the proposed alternative solutions, in accordance with paragraph 8, the traveler is entitled to a price reduction. In case of failure to comply with the obligation to offer alternative solutions under paragraph 8, paragraph 5 applies. 11. Where, due to circumstances not attributable to the Organizer, it is impossible to ensure the traveler's return as agreed in the tourist package contract, paragraphs 6 and 7 apply.
14. SELLER'S LIABILITY REGIME (ARTICLES 50 - 51 quater CdT)
1. The Seller is responsible for the execution of the mandate given to him by the traveler through the travel intermediary contract, regardless of whether the service is provided by the seller himself, his assistants, or employees when acting within the scope of their functions, or by third parties whose work is used, and the fulfillment of the obligations assumed must be evaluated with regard to the diligence required for the exercise of the corresponding professional activity. 2. The Seller is not liable for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances. 3. The traveler's right to compensation for damages related to the Seller's liability shall be time-barred within two years from the date of the traveler's return to the place of departure.
15. LIMITS OF COMPENSATION (ARTICLE 43, paragraph 5)
The tourist package contract may provide for the limitation of compensation due from the organizer, except for damages to persons or those caused intentionally or by gross negligence, provided that such limitation is not less than three times the total price of the package. The right to compensation for damages to persons is time-barred within three years from the date of the traveler's return to the place of departure or within the longer period provided for the compensation for damages to persons by the provisions governing the services included in the package.
16. POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER (ART. 44 CdT)
1. The Traveler may address messages, requests, or complaints regarding the execution of the package directly to the Seller through whom it was purchased, who, in turn, promptly forwards such messages, requests, or complaints to the Organizer. 2. For the purpose of complying with the terms or periods of limitation, the date on which the seller receives messages, requests, or complaints under paragraph 1 is considered the date of receipt also for the Organizer.
17. OBLIGATION TO PROVIDE ASSISTANCE (ART. 45 CdT)
The organizer provides adequate assistance without delay to the traveler who is in difficulty, even in the circumstances referred to in Article 42, paragraph 7 CdT, in particular by providing appropriate information regarding health services, local authorities, and consular assistance and assisting the traveler in making remote communications and helping him/her find alternative tourist services. 2. The organizer may demand payment of a reasonable cost for such assistance if the problem is intentionally caused by the traveler or due to his/her fault, within the limits of the expenses actually incurred.
18. CANCELLATION AND REPATRIATION EXPENSES INSURANCE (ART. 47, paragraph 10 CdT)
If not expressly included in the price, it is possible and advisable to take out, at the time of booking and through the Seller, special insurance policies covering expenses resulting from the cancellation of the package, accidents and/or illnesses that also cover repatriation expenses, and loss and/or damage to baggage. The rights arising from insurance contracts must be exercised by the traveler directly against the issuing Insurance Companies, under the conditions and in accordance with the procedures provided in the policies themselves, as set out in the policy conditions published in the catalogs or displayed in the brochures made available to Travelers at the time of departure.
19. ALTERNATIVE DISPUTE RESOLUTION (ADR) TOOLS (ART. 36, paragraph 5, letter g) CdT)
The organizer may propose to the traveler - in the catalog, in the documentation, on its own website, or in other forms - alternative dispute resolution methods (ADR - Alternative Dispute Resolution), pursuant to Legislative Decree no. 206/2005. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such adherence entails.
20. TRAVELER PROTECTION (ART. 47 CdT)
1. The organizer and the seller established in the national territory are covered by a civil liability insurance contract in favor of the traveler for compensation for damages resulting from the breach of their respective obligations under their respective contracts. 2. Tour package contracts are covered by insurance policies or bank guarantees or issued by the Funds referred to in paragraph 3 of Article 47 of the CdT, which, for trips abroad and trips carried out within a single country, including trips in Italy, in cases of insolvency or bankruptcy of the organizer or the seller, guarantee, upon the traveler's request without delay, the refund of the price paid for the purchase of the package and the immediate return of the traveler in case the package includes the traveler's transport, as well as, if necessary, the payment of food and accommodation before the return. The guarantee is effective, adequate to the volume of business, and covers reasonably foreseeable costs, the amounts of payments made by or on behalf of travelers in relation to packages, taking into account the period between the down payments and the final balance and the completion of the packages, as well as the estimated cost for repatriations in case of insolvency or bankruptcy of the organizer or the seller. 3. Travelers benefit from protection in the event of insolvency or bankruptcy of the organizer or the seller regardless of their place of residence, departure, or sale of the package, and regardless of the Member State in which the entity responsible for providing protection in case of insolvency or bankruptcy is established. 4. In the cases provided for in paragraph 2, alternatively to the refund of the price or the immediate return, the traveler may be offered the continuation of the package under the terms of Articles 40 and 42 CdT.
21. OPERATIONAL CHANGES
In view of the advance publication of catalogs containing information regarding the use of services, please note that the flight schedules and routes indicated in the acceptance of the proposal for the purchase of services may undergo changes as they are subject to subsequent validation. To this end, the traveler must request confirmation of the services from their Travel Agency before departure. The Organizer will inform passengers about the identity of the actual carrier within the times and in the manner provided for in Article 11 of Regulation (EC) No 2111/2005.
22. PRIVACY NOTICE
Information pursuant to art. 13 of Legislative Decree no. 196/2003 and art. 13 of Regulation (EU) 2016/679 Pursuant to art. 13 of Legislative Decree no. 196/2003 ("Privacy Code") and art. 13 of Regulation (EU) 2016/679, containing provisions on the protection of individuals with regard to the processing of personal data, we wish to inform you that the personal data provided by you will be processed in compliance with the aforementioned legislation and the confidentiality obligations to which the Company is subject.
23. MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW No. 38/2006.
"The Italian law punishes with imprisonment crimes related to prostitution and child pornography, even if committed abroad."
ADDENDUM - General conditions of contract of sale for individual tourist services
A) Legal provisions
Contracts relating to the offer of only transport services, only accommodation services, or any other separate tourist service, not being able to be configured as a type of travel organization or tourist package, and therefore do not benefit from the protection provided for in the Tourism Code, are governed by the Civil Code art. 1, art. 3 and no. 6 arts. From 17 to 23; arts. From 24 to 31, (limited to the parts of these provisions that do not refer to the organization contract) as well as by other specific agreements relating to the sale of the individual service subject to the contract. The seller who undertakes to provide a disaggregated tourist service to third parties, also electronically, must issue documents relating to this service to the tourist, indicating the amount paid for the service, and cannot in any way be considered a travel organizer.
B) Contract conditions
The clauses of the general conditions of contract for the sale of tourist packages mentioned above apply to these contracts, limited to art. 7, art. 10 paragraph 1 and paragraph 2, art 12, art. 13. The application of these clauses does not absolutely determine the configuration of the respective services as a 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 of the contract for the sale of individual tourist services (seller, stay, etc.).
C) Complaints
For the sale of stays, any complaints regarding the cleanliness, characteristics, and furnishings of the tourist facility covered by the contract must be communicated by the traveler to the agency within one hour of check-in by telephone communication and WhatsApp message to the emergency number that will be communicated at the time of check-in. After this deadline, the property covered by the stay is considered accepted and fully satisfactory for the traveler in the conditions found at the time of check-in.
