The Client declares that he/she has received from the Organizer travel agency all pre-contractual formations pursuant to Article 34 of Legislative Decree 62/2018 and in particular, for this type of contract, the following information:
The Organizer is always responsible for the correct execution of all the tourist services included in the contract (art. 42);
Travelers are notified, together with the documentation and information referred to in Article 36, paragraph 8 of the Tourism Code, of an emergency telephone number or the details of a contact point through which to reach the Organizer (Article 44);
Travelers may transfer the package to another person, no later than 7 days before the start of the package and possibly incurring additional costs (Art. 38);
The price of the package can only be increased if specific costs increase (e.g. fuel prices) and if expressly provided for in the contract, and in any case no later than 20 days from the start of the package. If the price increase exceeds 8% of the package price, the Traveler may terminate the contract. If the Organizer reserves the right to increase the price, the Traveler has the right to a reduction in the price if there is a decrease in the relevant costs (Art. 39);
Travelers may terminate the contract without paying termination fees and obtain a full refund of payments if any of the essential elements of the package, other than the price, are substantially changed (art. 41, paragraph 1). If, before the beginning of the package, the Professional responsible for the package cancels the package, Travelers have the right to obtain a refund and, where appropriate, compensation (article 41, paragraph 5);
The Travelers may, in unavoidable and extraordinary circumstances, terminate the contract without paying termination fees prior to the beginning of the package, for example if there are serious security problems at the destination that may affect the package. In addition, the Travelers may terminate the contract at any time prior to the commencement of the package upon payment of appropriate and justifiable termination fees (Art. 41(4));
If, after the start of the package, substantial elements of the package cannot be provided as agreed, the Traveler must be offered suitable alternative solutions at no additional cost. The Traveler may terminate the contract, without paying termination fees, if the services are not provided as agreed and this significantly affects the performance of the package and the Organizer has not remedied the problem (Art. 42, paragraphs 3, 4 and 5);
Travelers also have the right to a reduction in price and/or compensation for damages in the event of non-execution or non-conformity of the tourist services (Art. 43);
The Organizer is obliged to provide assistance if the Traveler finds himself/herself in difficulty (Art. 45). – If the Organizer becomes insolvent, payments will be refunded. If the Provider becomes insolvent after the beginning of the package and if transport is included in the package, the repatriation of the Travelers is guaranteed. The Organizer has taken out a policy for protection in the event of insolvency or bankruptcy in accordance with article 47, paragraph 2, with the company indicated below. (art. 47);
Any further information relating to Legislative Decree No. 62 of 6 June 2018 which implemented EU Directive 2015/2302, for the amendment of Chapter I of the Tourism Code relating to “Organized tourism contracts” can be found on the link http://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
ALL OF THE ABOVE, THE PARTIES AGREE AS FOLLOWS:
The preamble is an integral part and applies as a covenant.
The Traveler declares that he/she has received the information referred to in the preamble and stipulates the tourist package contract with the Organizer Travel Agency, which declares that it will be solely responsible, in accordance with Articles 42 – 46 of the Tourism Code, for the exact fulfilment of the service relating to the organization of the trip.
The Parties agree on the following conditions for PALIO TICKETS.
After your booking is taken and a deposit received, a confirmation invoice will be sent to you detailing the total cost due. Full payment must be received according to the following payment tranches:
- Deposit of 30% of the total amount at the confirmation:
- Balance of the total reservation is due within 60 days before the arrival
In the unfortunate event of you needing to cancel your visit, please note that Palio tickets have penalties but they may be transferred to another person or people. In the event of rain the main Palio race will be postponed until the following day and your tickets are valid for the rescheduled race day.
In case of payment delay CLM Viaggi reserves the right to treat your booking as cancelled by you (ex art 1457 Italian Civic Code) and forfeit your deposit by way of cancellation charges.
In the unfortunate event of the cancellation of the event due to unavoidable and extraordinary circumstances, CLM Viaggi will reimburse the paid amount.
- If you or anyone on your holiday booking decides to cancel the holiday, the lead name must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24-hours by the lead name. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24-hours of the original notification.
- In case of postponement of the event by the local administration due to bad weather, the reservation remains valid for the dedicated day. If the customer is unable to participate, the service can be transferred to other people by the same.
- In the event of cancellation of the event due to unavoidable reasons and force majeure, CLM Viaggi will refund the full amount paid.
METHODS OF PAYMENT
All payments have to be done in Euro currency by bank transfer or by credit credit card.
Bank charges are to be paid by the client.
All prices include Medical insurance in accordance with anti-covid measures.
CLM Viaggi has stipulated all the insurance policies required by the Region of Tuscany, Italian law, and the European Community. These policies cover the legal liability of CLM Viaggi – authorization by Amministrazione Provinciale di Siena n°0067- according to the rules and insurance obligations of Italian law dated 17 March 1995 n°111 and of the CCV (International Convention for Travel Contracts ) – law dated 27 December 1977 n°1084.
The Parties agree on the following conditions for BOOKING EXCURSIONS AND TRAVEL PACKAGES
After making the booking, the client will receive a confirmation with the total cost due which must be received in the following tranches:
30% deposit upon confirmation
Balance of the booking within 30 days prior to arrival
The price of the travel package does not include tourist tax which, where applicable, must be paid by the customer on the spot.
The means of transport used during the trip, the location and tourist category of the accommodation in accordance with the regulations of the country of destination, the visits and excursions will be specified in the summary program of the trip that will be sent by the Organizer through the travel agency together with the acceptance of this proposal and the documents referred to in art. 36, paragraph 8, C.d.T.
The cancellation of the booking by the client shall incur the following penalties:
30% cancellation fee from booking confirmation
50% penalty for cancellations from confirmation to 30 days prior to arrival
80% penalty for cancellations from 29 to 15 days prior to arrival
90% penalty for cancellations from 14 days to 7 days prior to arrival
no refund for cancellation 6 days before arrival
METHODS OF PAYMENT
Payments are to be made in Euro by bank transfer or credit card.
PERSONAL DOCUMENTS: With regard to general information on passport and visa requirements, including approximate times for obtaining visas and health formalities in the country of destination, the Traveler is advised to visit the website www.viaggiaresicuri.it of the Ministry of Foreign Affairs, and/or consult the Operations Centre on 06/491115 for up-to-date health and safety information regarding the countries of destination.
TRAVELER NOTICE: any food intolerances as well as any disability situations and any other requests that are extra to the standard offer of the Organizer must be communicated.
The Organizer is obliged to provide assistance if the Traveler finds himself in difficulty in accordance with Art. 45 of the CCI.
UNACCOMPANIED MINORS: The Parties acknowledge that in the case of minors, unaccompanied by a parent or other authorized person, travelling on the basis of a tourist package contract that includes accommodation, information must be provided that enables direct contact to be established with the minor or the minor’s supervisor at his or her place of stay;
COMPLAINTS: If necessary, the Traveler may contact the Local Representative of the Organizer for any complaints relating to lack of conformity found during the execution of the package. All contact details of the Local Representative will be provided together with the documents referred to in Article 36, paragraph 8, of the Tourism Code. The Traveler is obliged to notify the Local Representative without delay of any significant lack of conformity found during the execution of the contract in accordance with article 42, paragraph II of the Tourism Code.
In accordance with Art. 36, paragraph 8, the Organizer, in good time before the start of the package, is obliged to provide the Traveler with the necessary receipts, vouchers and tickets, information on the scheduled departure time and the deadline for acceptance, as well as the times of intermediate stops, connections and arrival.
INFORMATION NOTICE: Pursuant to art. 13 of Legislative Decree 196/2003 and art. 13 of Regulation (EU) 2016/679. Pursuant to art. 13 of Legislative Decree 196/2003 (the “Privacy Code”) and art. 13 of Regulation (EU) 2016/679, laying down provisions for the protection of persons and other subjects regarding the processing of personal data, we wish to inform you that the personal data you provide will be processed in compliance with the above mentioned law and the confidentiality obligations which the undersigned Company is bound to.
The Parties agree on the following conditions for RESERVATIONS OF BUILDINGS, CASA VANCANZA:
Provided that the house may not be used for any purpose other than holiday, it is prohibited to set up tents or park caravans or similar within the property or on adjacent land.
The property (including the land adjoining it) may not be occupied by a greater number of people than indicated in the booking confirmation, including children. Failure to comply with the maximum number of people allowed inside the house or in the outdoor or adjacent spaces in tents or caravans will result in the immediate removal of the excess number of people from the property, which must proceed within 12 hours.
CLM Viaggi, as well as the owner of the property, are not responsible for disturbances caused by noise such as traffic or similar.
Unless otherwise stated, smoking is not allowed inside the property.
If the property is equipped with a swimming pool, the Client, for safety reasons, is obliged to follow all instructions regarding its use and is responsible for it. Minors under 16 years of age may not use the pool area without the supervision of a person of legal age.
After making the booking, the customer will receive confirmation with the total cost due, which must be received in the following instalments:
- 30% deposit upon confirmation
- Balance of the reservation within 45 days prior to arrival.
After making the balance, CLM Viaggi will send the client all the necessary travel documents.
The rental price includes bed, bathroom and kitchen linen but does not include the following amounts that must be paid on the spot by the client:
- energy and water consumption;
- the security deposit as a guarantee in the event of any damage to the house, the amount of which depends on the size, furnishings and equipment of the property. The Client is obliged to treat the rented property correctly, with diligence and to return the house in the same state as it was found at the time of delivery, with the exception of common deterioration due to wear and tear and ageing. The Client shall be liable to the Owner of the property for any damage caused to the property and/or its furnishings during the rental period and caused by the Client himself or by third parties to whom the Client has given access to the property.
- Final cleaning carried out by the staff. Nevertheless, the client is obliged to leave the house tidy and thoroughly clean upon departure.
The cancellation of the booking by the client will incur the following penalties:
30% penalty from the booking confirmation
no refund from the balance.
METHODS OF PAYMENT
Payments must be made in Euro by bank transfer or credit card.
CONTENT OF THE SALE CONTRACT FOR THE TOURIST PACKAGE
In addition to the general conditions that follow, an outline of the travel package contained in the catalog, website or other information material of the Commercial Partner or in the separate travel program, as well as, if subsequent to the signing of this agreement, are an integral part of the travel contract. , the booking confirmation of the services requested by the traveler together with the documents referred to in art. 36 paragraph 8 of the Tourism Code. In signing the offer for the purchase and sale of a tourist package, the Traveler expressly declares to have understood and accepted, for himself and for the subjects for which he / she requests the all-inclusive service, both the travel contract as regulated therein, and the warnings in it contained, both the present general conditions.
The sale of tourist packages, which 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 (the so-called “Tourism Code”, later CdT), as currently amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302. The CdT has repealed the previous regulation contained in the L. 27/12/1977 n. 1084 ratification and execution of the International Convention relating to the travel contract (CCV), signed in Brussels on 23.4.1970, which remains, however, still in force for non-EU States that are signatories or, in any case, members of the CCV applicable Community legislation; as well as the provisions of the Civil Code regarding transport, service contracts and mandates, as applicable, and the Navigation Code (RD No. 327 of 30.03.1942).
The Organizer and Seller of the tourist package, to which the Traveler is addressed, must be authorized to carry out the activities carried out on the basis of current legislation, including regional legislation, given the specific competence. Before the conclusion of the contract, the Organizer and Seller shall inform the third parties of the insurance policy for the coverage of risks deriving from professional civil liability, as well as the details of the guarantee against risks of insolvency or bankruptcy of the Organizer and Seller, given the specific competence of functions, for the purpose of returning the sums paid or the return of the traveler to the place of departure. Pursuant to art. 18, comma 6, CdT, the use in the reason or company name of the words “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other words and phrases, even in foreign languages , of a similar nature, is allowed only to the qualified companies referred to in the first paragraph.
DEFINTIONS (ART. 33 CdT)
For the purposes of this contract we intend to:
Traveler: anyone intending to conclude or stipulate a contract or is authorized to travel on the basis of an organized tourism contract;
Professional: any natural or legal public or private person who, in the context of his commercial, industrial, craft or professional activity, acts in organized tourism contracts, also through another person acting in his name or on his behalf, as organizer, seller, professional facilitating related travel services or tourism service provider, in accordance with current legislation;
Organizer – Seller: the professional who combines packages and sells them or offers them for sale directly or through or together with another professional;
PACKAGE TOUR (ART. 33, comma 1, n. 4, lett.c) CdT)
A tourist package Is 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 occurs:
1) that these services are combined by a single professional, even at the request of the traveler or in accordance with his selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual tourist service providers, are:
2.1) purchased at a single point of sale and selected before the traveler consents to payment;
2.2) offered, sold or billed at a flat or global price;
2.3) advertised or sold under the designation “package” or similar name;
2.4) combined after the conclusion of a contract with which the trader allows the traveler to choose between a selection of different types of tourist services, or purchased from separate professionals through linked online booking processes where the name of the traveler, the details of payment and e-mail address are sent by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or the latter is concluded no later than 24 hours after confirmation of the booking of the first service tourist.
INFORMATION TO THE TRAVELER BEFORE THE TRAVEL CONTRACT (ART. 34 CdT)
1. Before the conclusion of the tourist package contract or a corresponding offer, the Organizer / Seller shall provide the traveler with the relevant standard information form in Annex A, Part I or Part II of the CdT, as well as the following information:
a) the main characteristics of tourist services, such as:
1) the destination or destinations of the trip, the itinerary and the periods of stay with relative dates and, if the accommodation is included, the number of nights included;
2) means, characteristics and categories of transport, places, dates and times of departure and return, duration and location of intermediate stops and connections; in the event that the exact time is not yet established, the organizer and, where appropriate, the seller, inform the traveler of the approximate departure and return time;
3) the location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
4) meals provided;
5) visits, excursions or other services included in the total agreed price of the package;
6) 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 the holiday is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler;
b) the commercial name and the geographical address of the organizer and, where present, of the seller, their telephone numbers and e-mail addresses;
(c) the total price of the package including taxes and all fees, taxes and other additional costs, including any administrative and handling costs, or, where these are not reasonably calculable before the conclusion of the contract, an indication the type of additional costs that the traveler may still have to bear;
d) the methods of payment, including any amount or percentage of the price to be paid as a down payment and the calendar for the 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 eventual termination of the contract in case of failure to reach the number;
(f) general information concerning the conditions relating to passport and visa, including approximate times for obtaining visas and the health formalities of the country of destination;
g) information on the option for the traveler to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal expenses, or, if required, the standard withdrawal costs requested by the organizer pursuant to Article 41 , paragraph 1;
h) information on the optional or compulsory subscription of insurance covering the unilateral termination of the contract by the traveler or the costs of assistance, including re-entry, in the event of an accident, illness or death;
i) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3.
2. For tourist package contracts referred to in Article 33, paragraph 1, letter d), stipulated by telephone, the organizer or professional shall provide the traveler with the standard information referred to in Annex A, Part II, to this decree, and the information referred to in paragraph 1.
CONTRACT OF PACKAGE TOUR (ART. 36 CdT)
The proposal for the purchase and sale of a tourist package must be drawn up on a specific contract form, electronically or, in any case, on a durable medium, completed in its entirety and signed by the client, who will receive a copy. The acceptance of the offer for the purchase of the tourist package is considered completed, with the consequent conclusion of the contract, only when the organizer will send confirmation, also by computer system, to the Traveler .. The indications relating to the tourist package not included in the contractual documents, in the brochures or in other means of written communication, they will be provided by the organizer, in regular fulfillment of the obligations foreseen by art. 36, paragraph 8, CdT., Before the start of the trip.
Special requests on the methods of delivery and / or execution of certain services included in the package, including the need for airport assistance for people with reduced mobility, the request for special meals on board or in the resort, must be advanced during the booking request and be subject to specific agreement between the Traveler and the Organizer.
In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the package travel contract within a period of five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information if subsequent, without penalties and without giving any reasons. In the case of offers with significantly lower fares than current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price variation by adequately highlighting the exclusion of the right of withdrawal (Article 41, paragraph 7, CdT).
When signing the proposal to purchase the tourist package, the Traveler must pay what follows:
- the reservation fee (see art.8);
- the deposit on the price of the tourist package published in the catalogue or in the quotation of the package provided by the Organizer. This amount is paid as a deposit and an advance on the price. During the period of validity of the sales proposal and therefore before the eventual booking confirmation which constitutes, in accordance with art. 1326 of the Civil Code, the completion of the contract, the effects of art.1385 of the Civil Code are not produced if the withdrawal depends on unavoidable and extraordinary circumstances.
- The balance must be paid irrevocably within the deadline established by the Organizer in its catalogue or in the booking confirmation of the requested tourist package or, finally, within the contractually agreed deadline.
For bookings after the date indicated as the deadline for making the balance, the full amount must be paid upon signing the purchase offer;
Failure to pay the sums referred to above, on the dates established, constitutes an express termination clause pursuant to art. 1456 cod. civ. such as to determine the termination of the right to be carried out with simple written communication, by fax or e-mail, or at the domicile, including electronic, where communicated, of the Traveler. The balance of the price is considered to have taken place when the sums reach the Organizer directly from the Traveler.
PACKAGE TOUR PRICE (ART. 39 CdT)
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalogue or out-of-catalog program and to any updates of the catalogs or out-of-catalog programs subsequently intervened, or on the Organizer’s website.
1. After conclusion of the tourist package contract, prices may be increased only if the contract expressly provides for it and specifies that the traveler is entitled to a price reduction, as well as how to calculate the price review. In this case, the traveler is entitled to a reduction in the price corresponding to the reduction in costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the start of the package.
2. Price increases are possible only as a result of changes concerning:
(a) the price of passenger transport based on the cost of fuel or other energy sources;
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, disembarkation and embarkation fees in ports and airports;
c) exchange rates relevant to the package.
3. If the price increase referred to in this article exceeds 8 per cent of the total price of the package, Article 40, paragraphs 2, 3, 4 and 5 shall apply.
4. A price increase, regardless of its size, is only possible after clear and precise communication on a durable medium by the organizer to the traveler, together with the justification of this increase and the method of calculation, at least twenty days before the start of the package.
5. In the event of a reduction in price, the Organizer is entitled to deduct the administrative and management costs of the actual practices from the reimbursement due to the traveler, for which he is obliged to provide proof upon request by the traveler.
9. MODIFICATION OR CANCELLATION OF THE OACKAGE TOUR BEFORE THE DEPARTURE (ART. 40 CdT)
1. Before the start of the package, the organizer can not unilaterally modify the conditions of the contract other than the price in accordance with Article 39, unless this right has been reserved in the contract and the change is of minor importance. The organizer communicates the change to the traveler in a clear and precise manner on a durable medium.
2. If, before the start of the package, the organizer is forced to change significantly one or more main features of the tourist services referred to in Article 34, paragraph 1, letter a), or can not satisfy specific requests referred to in article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 percent according to article 39, paragraph 3, the traveler, within a reasonable period specified by the organizer , can accept the proposed modification or withdraw from the contract without corresponding withdrawal expenses. In case of withdrawal, the organizer can offer the traveler a replacement package of equivalent or superior
3. The organizer shall inform the traveler in a clear and precise manner on a durable medium without undue delay:
a) of the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 4;
b) a reasonable period within which the traveler is required to inform the organizer of his decision pursuant to paragraph 2;
c) the consequences of the traveler’s failure to reply within the period referred to in letter b) and of any replacement package offered and the relative price.
4. If the modifications of the package of tourist package or of the substitutive package referred to in paragraph 2 involve a package of quality or lower cost, the traveler has the right to an appropriate reduction of the price.
5. In case of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer will refund 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 apply.
10. WITHDRAWAL FROM THE TOURIST PACKAGE CONTRACT (ART. 41 CdT)
1. The traveler may withdraw from the tourist package contract at any time before the start of the package, upon reimbursement to the organizer of the expenses incurred, adequate and justifiable, the amount of which provides motivation to the traveler who requests it.
2. The tourist package contract may provide for standard reasonable withdrawal expenses, calculated on the basis of the time of withdrawal from the contract and the expected cost savings and the expected revenues deriving from the reallocation of the tourist services.
3. In the absence of specification of standard withdrawal expenses, the amount of withdrawal expenses corresponds to the package price, less the cost savings and revenue generated by the relocation of tourist services.
4. In case of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and having a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract before of the start of the package, without corresponding withdrawal costs, and full repayment of the payments made for the package, but is not entitled to additional compensation.
5. The organizer may withdraw from the tourist package contract and offer the traveler the full refund of the payments made for the package, but is not required to pay additional compensation if:
a) the number of persons registered in the package is less than the minimum specified 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 in the case of journeys lasting longer than six days, seven days before the start of the package in the case of journeys lasting between two and six days, forty eight hours before the start of the package in the case of journeys lasting less than two days;
b) the organizer is not able to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the traveler without undue delay before the start of the package.
6. The organizer proceeds to all reimbursements required pursuant to paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1, 2 and 3, reimburse any payment made by or on behalf of the traveler for the package after deducting the adequate expenses, without unjustified delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the termination of the functionally related contracts stipulated with third parties is determined.
11. TRANSFER OF THE TOURIST PACKAGE TO ANOTHER TRAVELER (ART. 38 CdT)
1. The traveler, upon notice given to the organizer on a durable medium no later than seven days before the start of the package, may transfer the tourist package contract to a person who satisfies all the conditions for the use of the service.
2. The transferor and the assignee of the tourist package contract are jointly responsible for the payment of the balance of the price and of any rights, taxes and other additional costs, including any administrative and management costs of the practices resulting from this sale.
3. The organizer shall inform the transferor of the actual costs of the assignment, which can not be unreasonable and which do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package contract, and provides the assignor with proof of the rights, taxes or other additional costs resulting from the sale of the contract.
4. In any case, the Traveler requesting the variation of an element relating to a previously confirmed practice, provided that the request does not constitute a contract novation and always that it is possible to implement it, will correspond to the Organizer a flat-rate fixed cost, in addition to expenses resulting from the modification.
5. It is understood that, pursuant to art. 944 of the Navigation Code, the right of transport can not be transferred without the consent of the carrier, if the ticket indicates the name of the passenger or, if this indication is missing, the passenger has started the journey.
12. CONTRACT OBLIGATIONS OF THE TRAVELERS
During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided with written information of an updated general nature concerning the health obligations and documentation necessary for expatriation.
For the rules regarding the expatriation of minors, we refer explicitly to what is indicated on the site of the State Police. It is however specified that minors must be in possession of a personal document valid for expatriation or passport, or for EU countries, also valid identity card for expatriation. With regard to the expatriation of children under 14 and the expatriation of minors for which the Authorization issued by the Judicial Authority is necessary, the requirements indicated on the site of the State Police http: //www.poliziadistato must be followed. en / article / 191 /
Foreign citizens will have to find the corresponding information through their diplomatic representations present in Italy and / or the respective official government information channels. In any case, before departure, travelers will check the update 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 Operating Center at 06.491115 ) adapting yourself before the trip. In the absence of such verification, no responsibility for the missed departure of one or more travelers may be imputed to the intermediary or to the organizer.
In any case, travelers must inform the intermediary and the organizer of their citizenship at the time of booking for the tourist package or tourist service and, at the time of departure, must definitively check that they have the vaccination certificates, the individual passport and of any other document valid for all countries affected by the itinerary, as well as residence visas, transit visas and health certificates that may be required.
Moreover, in order to evaluate the situation of socio-political security, health and any other useful information concerning the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveler will have the responsibility to assume the information officers of a general nature at the Ministry of Foreign Affairs, and disseminated through the Farnesina institutional website www.viaggiaresicuri.it.
The information above is not contained in the T.O. catalogs. – online or paper – as they contain general descriptive information as indicated in the information booklet and not temporary information. The same, therefore, must be assumed by the Travelers. In addition, passengers must comply with the rules of normal prudence and diligence and with the specific rules in force in the destination countries of the journey, with all information provided to them by the organizer, as well as with the regulations and administrative or legislative provisions relating to the tourist package. Travelers will be called to answer for all the damages that the organizer and / or the intermediary have to suffer also because of the non respect of the above mentioned obligations, including the expenses necessary for their repatriation.
6.The organizer or seller who has granted a compensation or a price reduction, or paid compensation for damages or has been forced to comply with other obligations prescribed by the Law, has the right of recourse against those who have contributed on the occurrence of the circumstances or the event from which the indemnity, the reduction of the price, the compensation of the damage or the other obligations in question, as well as the subjects required to provide assistance and accommodation services under other provisions, in the if the traveler can not return to the place of departure. The organizer or seller who has compensated the traveler is subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards the third parties responsible; the traveler provides the organizer or seller with all the documents, information and elements in its possession useful for the exercise of the right of subrogation (Article 51 quinquiesCdT).
7.The traveler will also communicate in writing to the organizer, at the time of the proposal for the purchase and sale of the tourist package and therefore before sending the booking confirmation of the services by the organizer, the particular personal requests that may form object specific agreements on how to travel, provided that it is possible to.
13. RESPONSABILITY OF THE ORGANIZER (ART. 42 CdT)
1. The Organizer is responsible for the execution of the tourist services provided for in the tourist package contract, regardless of whether these tourist services are to be provided by the organizer himself, by his auxiliaries or persons in charge when they act in the exercise of their functions, third parties whose work makes use of or by other tourist service providers, in accordance with Article 1228 of the Civil Code.
2. The traveler, in accordance with articles 1175 and 1375 of the civil code, informs the Organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any conformity defects detected during the execution of a tourist service provided for by the tourist package contract.
3. If one of the tourist services is not performed according to what is agreed in the tourist package contract, the Organizer remedies the lack of conformity, unless this proves impossible or is excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organizer does not remedy the defect, Article 43 applies.
4. Without prejudice to the exceptions referred to 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 objection made pursuant to paragraph 2, the traveler can personally remedy the defect and request reimbursement of necessary, reasonable and documented expenses; if the Organizer refuses to remedy the lack of conformity or if it is necessary to deal with it immediately, the traveler does not need to specify a deadline.
5. If a lack of conformity, pursuant to Article 1455 of the Italian Civil Code, constitutes a non-compliance of the tourist services included in a package, the organizer has not remedied within a reasonable period established by the traveler in relation to the duration and characteristics of the package, with the dispute made pursuant to paragraph 2, the traveler can, without charge, resolve the tourist package contract with immediate effect or, if necessary, ask, pursuant to article 43, a reduction of the price, except for any compensation for damages. In case of termination of the contract, if the package included the transport of passengers, the Organizer also provides for the return of the traveler with an equivalent transport without unjustified delay and without additional costs for the traveler.
6. Where it is impossible to ensure the return of the traveler, the Organizer shall bear the costs of the necessary accommodation, where possible of a category equivalent to the contract, for a period not exceeding three nights per traveler or for the longer period possibly provided for by European Union legislation on passenger rights, applicable to the relevant means of transport.
7. The limitation of costs referred to in paragraph 6 shall not apply to persons with reduced mobility, as defined in Article 2 (1) (a) of Regulation (EC) no. 1107/2006, and their carers, 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 can not invoke unavoidable and extraordinary circumstances to limit the liability referred to in this paragraph if the transport service provider can not assert the same circumstances under the applicable European Union
8. If due to circumstances that are not attributable to the Organizer it is impossible to provide, in the course of execution, a substantial part, by value or quality, of the combination of the tourist services agreed in the tourist package contract, the Organizer offers, without supplement price paid by the traveler, suitable alternative quality solutions, where possible equivalent or higher, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler to the place of departure is not provided as agreed. If the proposed alternative solutions result in a lower quality package than the one 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 tourism package contract or if the reduction in the price granted is inadequate.
10. If it is impossible to provide alternative solutions or the traveler rejects the proposed alternative solutions, complying with the provisions of paragraph 8, the traveler is recognized a price reduction. In the event of non-fulfillment of the obligation to tender referred to in paragraph 8, paragraph 5 shall apply.
11. Where, due to circumstances that are not attributable to the Organizer, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, paragraphs 6 and 7 apply.
14. RESPONSABILITY OF THE ORGANIZER SELLING THE PACKAGE TOUR (ARTT. 50 – 51 quater CdT)
1. The organizer-seller is responsible for the execution of the mandate conferred on him/her by the traveler, regardless of whether the service is rendered by the organizer-seller himself/herself, by his/her auxiliaries or agents when acting in the exercise of their functions or by third parties whose services he/she uses. The performance of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
2. The Organizer-Seller is liable for errors due to technical defects in the booking system that are attributable to him as well as for errors made during the booking process.
3. The Seller-Organizer is not responsible for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
4. The traveler’s right to compensation for damages linked to the responsibility of the organizer-seller is prescribed in two years from the date of the traveler’s return to the place of departure.
15. LIMITS OF COMPENSATION (ART. 43, paragraph 5, CdT)
The tourist package contract may provide for the limitation of the compensation payable by the organizer, except for personal injury or damage caused intentionally or through negligence, provided that this limitation is not less than three times the total price of the package.
The right to compensation for personal injury is time-barred in three years from the date of the traveler’s return to the place of departure or in the longer period provided for compensation for personal injury by the rules of the services included in the package.
16. POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH A LOCAL REPRESENTATIVE
1. For any messages, requests or complaints relating to the execution of the package, the Traveler may contact a Local Representative of the Organizer-Seller’s Business Partner or designated by a Supplier of the services that make up the package.
17. OBLIGATION OF ASSISTANCE (ART. 45 CdT)
1. The organizer shall provide appropriate assistance without delay to the traveler who is in difficulty, including in the circumstances referred to in Article 42 paragraph 7, in particular by providing appropriate information concerning health services, local authorities and consular assistance and by assisting the traveler in making long-distance communications and helping him to find alternative tourist services.
2. The organizer may charge a reasonable fee for such assistance if the problem is intentionally caused by the traveler or through his fault, within the limits of the expenses actually incurred.
18. CANCELLATION AND REPATRIATION INSURANCE (ART. 47, paragraph 10 CdT)
Unless included in the price, it is possible and advisable to stipulate, at the time of booking, special insurance policies against expenses arising from the cancellation of the package, accidents and/or illness that also cover repatriation expenses and the loss and/or damage of luggage. The traveler must exercise the rights arising from insurance contracts against the stipulating Insurance Companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogues or displayed in the brochures made available to Travelers at the time of departure.
19. ALTERNATIVE DISPUTE RESOLUTION (ART. 36, paragraph 5, lett. g) CdT)
The organizer may propose to the traveler – in the catalogue, in the documentation, on its website or in other forms – alternative dispute resolution (ADR), in accordance with Legislative Decree 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-seller is covered by an insurance contract for civil liability in favour of the traveler for compensation of damages resulting from the breach of contractual obligations.
2. Contracts for the organization of tourist packages are backed by insurance policies or bank guarantees which, for journeys abroad and journeys within a single country, including journeys in Italy, in the event of insolvency or bankruptcy of the organizer or seller, guarantee, without delay at the request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler if the package includes the traveler’s transport, as well as, if necessary, the payment of board and lodging before the return.
The guarantee referred to in paragraph 2 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 travelers in connection with packages, taking into account the duration of the period between the down payments and the final balance and the completion of the packages, as well as the estimated cost of repatriation in the event of insolvency or bankruptcy of the organizer-seller.
3. Travelers shall benefit from protection in the event of the insolvency or bankruptcy of the organizer-seller independently of their place of residence, the place of departure or the place of sale of the package and independently of the Member State in which the entity providing protection in the event of insolvency or bankruptcy is established.
4. In the cases envisaged in paragraph 2, as an alternative to the refund of the price or immediate return, the traveler may be offered the continuation of the package in the manner set out in articles 40 and 42.
21. OPERATIONAL CHANGES
Please note that the flight times and routes indicated in the acceptance of the proposal to purchase the services may be subject to change as they are subject to subsequent validation. To this end, the traveler must request confirmation of the services from his Travel Agency/Organizer prior to departure. The Organizer will inform passengers of the identity of the actual carrier at the times and in the manner provided for in Article 11 of EC Regulation 2111/2005.
22. Information pursuant to art. 13 of Legislative Decree 196/2003 and art. 13 of Regulation (EU) 2016/679
In accordance with art. 13 of Legislative Decree 196/2003 (the so-called "Privacy Code") and art. 13 of Regulation (EU) 2016/679, laying down provisions for the protection of persons and other subjects regarding the processing of personal data, we wish to inform you that the personal data you provide will be processed in compliance with the aforementioned law and the obligations of confidentiality to which the undersigned company is kept.
23. MANDATORY COMUNICATION PURSUANT TO ART 17 OF LAW 38/2006.
“Italian law punishes with imprisonment offences concerning prostitution and child pornography, even if committed abroad”.