CONTENT OF THE CONTRACT OF SALE OF THE TOURIST PACKAGE
In addition to the following general terms and conditions, the description of the package tour contained in the catalogue, or in the separate travel programme, as well as the booking confirmation of the services requested by the traveller, form an integral part of the travel contract. It is sent by the tour operator to the traveller or the travel agency, as the traveller's agent, and the latter shall have the right to receive it from the traveller. In signing the proposal for the sale of a tourist package, the traveller must bear in mind that he/she is taking for read and accepted, for him/herself and for those 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, having as their object services to be provided in both national and international territory, is governed by the Tourism Code, specifically Articles 32 to 51-novies for as amended by Legislative Decree No. 62 of 21 May 2018, transposing and implementing EU Directive 2015/2302 as well as by the provisions of the Civil Code on the subject of transport and mandate, as applicable.
2 - ADMINISTRATIVE REGIME
The organiser and the intermediary of the tourist package, to whom the traveller turns, must be authorised to carry out their respective activities on the basis of current legislation, including regional or municipal legislation, given their specific competence. The Organiser and the intermediary shall make known to third parties, prior to the conclusion of the contract, the details of the insurance policy to cover risks deriving from professional civil liability, as well as the details of other optional or mandatory guarantee policies, to protect travellers against 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 intermediary, each within its own sphere of competence, for the purposes of the return of the sums paid or the return of the traveller to the place of departure where the tourist package includes transport services. Pursuant to Article 18, paragraph VI, of the Tourist Code, the use in the name or company name of the words "travel agency", "tourist agency", "tour operator", "travel intermediary" or other words and phrases, even in a foreign language, of a similar nature, is permitted exclusively to the qualified companies referred to in the first paragraph.
3 - DEFINITIONS
For the purposes of the tourist package contract
a) professional means any public or private natural or legal person who, as part of his or her commercial, industrial, handicraft or professional activity in organised tourism contracts, acts, including through another person acting in his or her name or on his or her behalf, as an organiser, seller, professional facilitator of related tourist services or provider of tourist services, within the meaning of the regulations set out in the Tourism Code;
(b) 'organiser' means a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or a professional who transmits data concerning the traveller to another professional;
c) seller means the professional, other than the organiser, who sells or offers for sale combined packages from an organiser;
d) traveller means any person who intends to conclude a contract, or concludes a contract or is authorised to travel on the basis of a concluded contract, within the scope of the Organised Tourism Contracts Act;
(e) establishment means an establishment as defined in Article 8(e) of Legislative Decree No 59 of 26 March 2010;
(f) 'durable medium' means any instrument which enables the traveller or the trader to store information addressed personally to him/her in a way accessible for future reference for a period of time adequate to the purposes of the information stored and which allows the identical reproduction of the information stored;
(g) unavoidable and extraordinary circumstances, a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;
(h) lack of conformity, a non-performance of the tourist services included in a package;
(i) point of sale means any premises, movable or immovable, used for retail sales or retail website or similar online sales tool, even where retail websites or online sales tools are presented to travellers as a single tool, including telephone service;
(l) return means the return of the traveller to the place of departure or to another place agreed upon by the Contracting Parties.
4 - NOTION OF TOURIST PACKAGE
The notion of tourist package is as follows: the combination of at least two different types of tourist services, such as: 1. the carriage of passengers; 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; 3. the hiring of cars, other vehicles or motorbikes and requiring a category A driving licence; 4. any other tourist service that is not an integral part of one of the tourist services listed under 1., 2. or 3. 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
1. these 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;
2) these services, even if concluded under separate contracts with individual suppliers, are:
2.1) purchased at a single point of sale and selected before the traveller consents to payment;
2.2) offered, sold or invoiced at a lump sum or global price;
2.3) advertised or sold under the name 'package' or a similar name;
2.4) combined after the conclusion of a contract whereby the professional enables the traveller to choose from a selection of different types of tourist services or purchased from separate professionals by means of linked computerised booking processes whereby the traveller's name, payment details and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more other professionals and the contract with the latter professional(s) is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
5 - CONTENT OF THE CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO BE SUPPLIED
1. At the time of concluding the contract of sale of a package tour 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.
2. The traveller is entitled to a paper copy if the contract for the sale of a tourist package was concluded in the simultaneous physical presence of the parties.
3. In the case of off-premises contracts, as defined in Article 45(1)(h) of Legislative Decree No 206 of 6 September 2005, a copy or confirmation of the package sale contract is provided to the traveller on paper or, if the traveller agrees, on another durable medium.
4. The contract constitutes an entitlement to access the guarantee fund referred to in Article 21 below.
6 - TRAVELLER INFORMATION - DATA SHEET
1. Before the start of the trip, the organiser and the intermediary shall communicate the following information to the traveller:
(a) times, intermediate stopping places and connections. If the exact time is not yet fixed, the organiser and, where appropriate, the seller, shall inform the traveller of the approximate time of departure and return;
b) information on the identity of the operating air carrier, if not known at the time of reservation, in accordance with Art. 11 EC Reg. 2111/05 (Art. 11, para. 2 EC Reg. 2111/05: "If the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that will operate as operating air carrier or carriers for the flight or flights concerned. In such a case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as their identity has been established and their possible prohibition from operating in the European Union has been confirmed";
(c) location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
(d) the meals provided included or not;
(e) visits, excursions or other services included in the agreed total price of the package;
(f) tourist services provided to the traveller as a member of a group and, if so, the approximate size of the group;
(g) the language in which the services are provided;
(h) whether the trip or holiday is suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday taking into account the needs of the traveller. Special 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 resort, 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 travel agency;
(i) the total price of the package including all taxes, fees and other additional costs, including any administration and handling charges, or, where these are not reasonably calculable prior to the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;
(j) the method of payment, including the amount or percentage of the price to be paid as a deposit, if any, and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the traveller;
(k) the minimum number of persons required for the package and the deadline 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;
(l) general information on passport and/or visa requirements, including approximate times for obtaining visas, and health formalities in the country of destination;
m) 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 pursuant to Article 41, paragraph l of Legislative Decree 79/2011 and specified in Article 10, paragraph 3 below;
(n) information on optional or compulsory subscription of insurance covering the costs of unilateral termination of the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death;
o) the details of the coverage referred to in Article 47, paragraphs l, 2 and 3 of Legislative Decree 79/2011;2. The organiser prepares a data sheet on its website www.lovesouthitaly.it. This contains technical information relating to the legal obligations to which the Tour Operator is subject, such as, by way of example:
- details of the organiser's administrative authorisation or S.C.I.A;
- details of the guarantees for travellers pursuant to Article 47 of the Tourism Code; - details of the civil liability insurance policy;
- period of validity of the catalogue or out-of-catalogue programme;
- parameters and criteria for adjusting the price of travel (Art.39 Tur. Code).
7 - PAYMENTS
1. At the time of signing the proposal to purchase the tourist package, payment shall be due:
a) the registration or administration fee (see Art. 8);
b) down payment on the price of the tourist package published in the catalogue or in the quotation of the package provided by the organiser. The balance must be paid irrevocably within the deadline established by the Tour Operator in its catalogue or in the booking confirmation of the service/tour package requested. For bookings made after the date indicated as the deadline to make the balance, the entire amount must be paid at the time of signing the purchase proposal; Failure to receive the above-mentioned sums from the Organiser, by the established dates, as well as failure to remit to the Tour Operator the sums paid by the Traveller to the intermediary, will result in the automatic termination of the contract to be communicated by simple written communication, by fax or email, to the intermediary agency, or at the domicile, including electronic, where communicated, of the traveller and without prejudice to any possible guarantee actions pursuant to Art. 47 of Legislative Decree 79/2011 that may be exercised by the traveller. The balance of the price is considered to have been paid when the sums are received by the organiser directly by the traveller or through the intermediary chosen by the same traveller.
8 - PRICE
The price of the tourist package is determined in the contract, with reference to what is stated in the catalogue, or programme outside the catalogue and any subsequent updates to the same catalogues or programmes outside the catalogue, or on the Operator's website.
It may be varied, either upwards or downwards, only as a result of changes in:
- transport costs, including fuel costs;
- fees and taxes relating to air transport, landing, disembarkation or embarkation fees at ports and airports;
- exchange rates applied to the package in question. For such variations, reference shall 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 websites. In any case, the price may not be increased in the 20 days preceding departure and the revision may not exceed 8% of the price in its original amount. In the event of a reduction in price, the organiser is entitled to deduct the administrative and management costs of the actual paperwork from the refund due to the traveller, for which he must provide proof at the traveller's request.
The price consists of:
a) registration fee or practice management fee free of charge;
b) participation fee: expressed in the catalogue or in the quotation of the package provided to the intermediary or traveller;
c) cost of any insurance policies against the risks of cancellation and/or medical expenses or other services requested;
d) cost of any visas and entry and exit fees from the holiday destination countries.
(e) airport and/or port charges and taxes.
9 - MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
1. The Tour Operator reserves the right to unilaterally change the conditions of the contract, other than the price, if the change is of minor importance. The communication shall be made clearly and precisely via a durable medium, such as e-mail;
2. If, before departure, the organiser needs to significantly modify one or more of the main characteristics of the tourist services referred to in Art. 34 paragraph 1 letter a) or cannot satisfy the specific requests made by the traveller and already accepted by the organiser, or proposes to increase the price of the package by more than 8%, the traveller may accept the proposed modification or withdraw from the contract without paying withdrawal fees;
3. If the traveller does not accept the proposed change referred to in paragraph 2 by exercising his or her right of withdrawal, the organiser may offer the traveller a replacement package of equivalent or superior quality;
4. The organiser shall inform the traveller by e-mail, without undue delay, clearly and precisely of the proposed changes referred to in paragraph 2 and of their effect on the price of the package in accordance with paragraph 6;
5. The traveler shall communicate his or her choice to the organizer or to the intermediary within two working days from the time when he or she has received the notice mentioned in paragraph 1. In the absence of communication within the aforesaid time limit, the proposal made by the organizer shall be deemed to have been accepted;
6. If the changes in the contract of sale of the package or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an appropriate reduction in the price;
7. In the event of withdrawal from the contract of sale of a package tour in accordance with paragraph 2, and if the traveller does not accept a replacement package, the organiser shall refund without unjustified delay and in any case within 14 days of the withdrawal from the contract all payments made by or on behalf of the traveller and shall be entitled to be compensated for the non-performance of the contract, except in the cases indicated below:
a) No compensation shall be paid for the cancellation of the tourist package when the cancellation of the same depends on the failure to reach the minimum number of participants that may have been requested;
b) There is no compensation for the cancellation of the tourist package when the organiser proves that the lack of conformity is attributable to force majeure and fortuitous events;
c) There shall also be no compensation arising from the cancellation of the tourist package when the organiser proves that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of tourist services included in the tourist package contract and is unforeseeable or unavoidable
8. For cancellations other than those referred to in paragraph 7 letters a), b) and c), the organiser who cancels shall refund to the traveller a sum equal to twice the amount paid by him/her and actually collected by the organiser, through the travel agent;
9) The sum to be refunded shall never be more than twice the amount for which the traveller would be liable on the same date in accordance with Article 10(3) if he were to cancel.
10 - WITHDRAWAL BY THE TOURIST
1. The traveller may also withdraw from the contract without paying any penalty in the following cases:
- price increase in excess of 8%;
- significant modification of one or more elements of the contract objectively configurable as fundamental to the enjoyment of the tourist package as a whole and proposed by the organiser after the conclusion of the contract itself but before departure and not accepted by the traveller;
- the organiser cannot fulfil specific requests made by the traveller and already accepted by the organiser.
In the above cases, the traveller may:
- accepting the alternative proposal where formulated by the organiser;
- request the restitution of the sums already paid. This restitution shall be made within the statutory time limit indicated in the preceding article.
2. In 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 performance of the package or on the carriage of passengers to the destination, the traveller has the right to withdraw from the contract, before the beginning of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but has no right to additional compensation;
3. A traveller who withdraws from the contract before departure for any reason, including unforeseen and unforeseen ones, outside of the hypotheses listed in the first paragraph, or those envisaged by art. 9, paragraph 2, will be charged - regardless of the payment of the deposit referred to in art.7 paragraph 1 - the individual cost of practice management and any insurance coverage already requested at the time of conclusion of the contract or for other services already rendered, the penalty in the amount indicated below, except for any more restrictive conditions - related to high season periods or full occupancy of the facilities - which will be communicated to the traveller at the time of the estimate and therefore before conclusion of the contract:
- Package tours with regular scheduled flights at special fares or EN and with stays in hotels, flats, residences, villas or villages in hotel formula and group tour packages with other means of transport:
. 10% of the participation fee from the time of booking until 30 days (*) before departure;
. 30% of the participation fee from 29 to 21 days (*) before departure;
. 50% of the participation fee from 20 to 10 days (*) before departure;
. 75% of the participation fee from 9 days to 5 days (*) before departure;
. 100% of the share after these terms.(*)
Days are understood to be working days, i.e. excluding Saturdays and public holidays, and must also exclude the day of departure and the day on which notice of cancellation is given
However, the above-mentioned conditions do not apply to all those products (by way of example only: airline tickets at special rates, luxury resorts, group tours, and others) for which there are more restrictive regulations regarding cancellation penalties, which will be communicated during the quotation phase and therefore prior to the request for booking the services. The Traveller is still responsible for the booking fee and the insurance premium (if purchased). No refund is due to the Traveller who voluntarily interrupts the trip or stay. The fact that the Traveller is not responsible for the impossibility of using the holiday does not legitimise cancellation without penalty, which is provided for by law only in the case of objective circumstances found at the destination of the holiday as referred to in paragraph 2 or in the cases referred to in paragraph 1, as there is the possibility of insuring oneself against the economic risk associated with the cancellation of the contract by taking out a specific insurance policy, where this is not provided for in a compulsory form by the organiser.
4. In the case of pre-established groups, the penalties for withdrawal shall be the subject of a specific agreement from time to time when the contract is signed;
5. Travel that includes the use of scheduled flights with special fares is excluded from the indication of the above penalty percentage. In these cases the conditions regarding cancellation penalties are deregulated and much more restrictive and are indicated in advance when quoting the travel package;
6. The organiser may withdraw from the 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
- the number of persons enrolled in the package is less than the minimum number stipulated in the contract and the organiser communicates the withdrawal from the contract to the traveller within the period fixed in the contract and in any case not later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days - 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 undue delay before the beginning of the package.
7. The organiser shall make all reimbursements required under paragraphs 2 and 6 without undue delay and in any case within14 days of cancellation. In the aforesaid cases, functionally connected contracts concluded with third parties shall be terminated;
8. In the case of off-premises contracts, the traveller has the right to withdraw from the package contract within a period of five days from the date of the conclusion of the contract or from the date on which he receives the contractual terms and conditions and the prior information, whichever is the later, without penalty and without giving any reason. In the case of offers with significantly lower rates than competing 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.
11 - LIABILITY OF THE ORGANISER FOR DEFECTIVE PERFORMANCE AND IMPOSSIBILITY DURING PERFORMANCE - OBLIGATIONS OF THE TRAVELLER - TIMELINESS OF COMPLAINT
1. The organiser is responsible for the performance of the tourist services envisaged in the tourist package sales contract, regardless of whether such services are to be provided by the organiser himself, by his auxiliaries or supervisors when acting in the performance of their duties, by third parties whose work he uses, or by other providers of tourist services within the meaning of Article 1228 of the Civil Code.
2. The traveller, in accordance with the obligations of fairness and good faith referred to in articles 1175 and 1375 of the 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 lack of conformity detected during the execution of a tourist service envisaged in the contract of sale of a tourist package.
3. If one of the tourist services is not performed as agreed in the contract of sale of the tourist package, the organiser shall remedy 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 defect. If the organiser does not remedy the defect, the traveller has the right to a reduction in the price as well as to 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.
4. Subject to the exceptions mentioned above, if the organiser does not remedy the lack of conformity within a reasonable time fixed by the traveller in the complaint made in accordance with paragraph 2, the traveller may remedy the defect himself and claim 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 need not specify a time limit.
If a defect of conformity constitutes a non-performance of no small importance and the organiser has not remedied it with the timely notification made by the traveller, in relation to the duration and characteristics of the package, the traveller may terminate the contract with immediate effect, or request - where appropriate - a reduction in the price, without prejudice to any compensation for damages. If, after departure, the organiser finds it impossible to provide, for any reason other than the traveller's own doing, an essential part of the services envisaged in the contract, he must provide suitable alternative solutions for the continuation of the planned trip that do not entail any type of charge to the traveller, or reimburse the latter to the extent of the difference between the services originally envisaged and those provided. The traveller may only reject the proposed alternative solutions if they are not comparable with what was agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or if the solution arranged by the organiser is rejected by the traveller because it is not comparable with what was agreed in the contract or because the price reduction granted is inadequate, the organiser will provide, without any extra charge, a means of transport equivalent to the original one planned for the return to the place of departure or to another place that may have been agreed, subject to the availability of means and places, and will reimburse the traveller to the extent of the difference between the cost of the services originally planned and the cost of the services carried out up to the time of the early return.
12 - SUBSTITUTIONS AND PRACTICE CHANGES
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 assign the tourist package contract to a person who meets all the conditions for the use of the service.
2. The transferor and the transferee of the package sale contract shall be jointly and severally liable for payment of the balance of the price and of any fees, taxes and other additional costs, including any administrative and handling costs, resulting from such transfer.
3. The organiser shall inform the transferor of the actual costs of the assignment, which shall not exceed the costs actually incurred by the organiser as a result of the assignment of the package travel contract, and shall provide the transferor with evidence of the fees, taxes or other additional costs resulting from the assignment of the contract.
13 - TRAVELLERS' OBLIGATIONS
Notwithstanding the obligation to promptly notify a lack of conformity, as provided for in Section 11(2), travellers shall comply with the following obligations:
1. For regulations concerning the expatriation of minors, please refer expressly to what is indicated on the Polizia di Stato website. It should be noted, however, that minors must be in possession of a valid personal document for travelling abroad, i.e. passport or, for EU countries, also a valid identity card for expatriation. As regards the exit from the country of minors under the age of 14 and for those for whom Authorisation issued by the Judicial Authority is required, the prescriptions indicated on the Polizia di Stato website must be followed http://www.poliziadistato.it/articolo/191/.
2. Foreign citizens must find the corresponding information through their diplomatic representations present in Italy and/or the respective official government information channels. In any case, travellers will, prior to departure, check that the information is up-to-date 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), and will comply with this before travelling. In the absence of such verification, no responsibility for the missed departure of one or more travellers may be attributed to the intermediary or the organiser.
3. Travellers must in any case inform the intermediary and the organiser of their nationality when requesting the booking of the tourist package or 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.
4. In addition, in order to assess the socio-political and health security situation and any other useful information regarding the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveller will have the burden of obtaining official information of a general nature from the Ministry of Foreign Affairs, and divulged through the institutional website of Farnesina www.viaggiaresicuri.it. The above-mentioned information is not contained in the T.O. catalogues - online or in paper format - as they contain descriptive information of a general nature as indicated in art. 34 of the Tourism Code and not information that is temporally changeable. The same must therefore be assumed by travellers.
5. If, on the date of booking, the chosen destination is shown on institutional information channels to have been subject to a "security warning", the traveller who subsequently exercises his or her right of cancellation may not invoke, for the purposes of exoneration or reduction of the claim for compensation for the cancellation made, the lack of a contractual cause related to the country's security conditions.
6. Travellers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the destination countries of the trip, with all the information provided to them by the organiser, as well as with the regulations, administrative or legislative provisions relating to the tourist package. Travellers will be held liable for all damages that the organiser and/or intermediary may incur also due to their failure to comply with the above-mentioned obligations, including the expenses necessary for their repatriation.
7. The traveller is obliged to provide the organiser with all the documents, information and elements in his possession useful for the exercise of the latter's right of subrogation against third parties responsible for the damage and is liable to the organiser for the prejudice caused to the right of subrogation.
8. The traveller will also communicate in writing to the organiser, at the time of the proposal for the sale of the tourist package and therefore before the organiser sends the confirmation of the booking of the services, any particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them and that they are in any case the subject of a specific agreement between the traveller and the organiser (see art. 6, paragraph 1, letter h).
14 - HOTEL CLASSIFICATION
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. 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 in the catalogue or brochure its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of the same by the traveller.
15 - LIABILITY REGIME
The organiser shall be 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 undertaken by the latter during the execution of the tourist services) or by the fact of a third party of an unforeseeable or inevitable nature, 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. 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 conferred on him or her by the traveller, as specifically provided for in Art. 50 of the Tourism Code, including the guarantee obligations as per Art. 47
16 - LIMITS OF COMPENSATION AND PRESCRIPTION
The compensation referred to in Articles 43 and 46 of the Tourist Code and the relative limitation periods are governed by what is set forth therein and in any case within the limits established by the International Conventions that govern the services that are the subject of the tourist package as well as by Articles 1783 and 1784 of the Civil Code, with the exception of personal injuries that are not subject to a set limit.
a. The right to a reduction in price or compensation for damages for changes to the contract of sale of the tourist package or the replacement package is prescribed in two years from the date of the traveller's return to the place of departure.
b. The right to compensation for personal injury is time-barred in three years from the date of 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.
17 - POSSIBILITY OF CONTACTING THE ORGANISER VIA THE SELLER
1. The traveller may address messages, requests or complaints relating to the performance of the package directly to the seller through whom he purchased it, who, in turn, shall forward them promptly to the organiser.
2. For the purposes of compliance with time limits or periods of limitation, the date on which the seller receives messages, requests or complaints referred to in the preceding paragraph shall be deemed the date of receipt also for the organiser.
18 - DUTY OF CARE
The organiser shall provide adequate assistance without delay to the traveller in difficulty also in the circumstances referred to in Article 42, paragraph 7, 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. The organiser may charge a reasonable fee for such assistance if the problem is caused deliberately by the traveller or through his fault, within the limits of the expenses actually incurred.
19 - INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
In accordance with the provisions of Articles 34 and 47 of the Legislative Decree, we hereby provide the details of the insurance cover in the event of insolvency or bankruptcy of the Organiser: Compagnia TUA - Policy No. 40321512001163
- LIABILITY INSURANCE FOR THE BENEFIT OF THE TRAVELLER
Please find below the details of the compulsory insurance cover for civil liability for compensation of damages suffered by the Traveller: SARA Company - Policy No. 5035734QG
20 - ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS
Pursuant to and for the purposes of Art. 67 of the Tourism Code, the organiser may propose to the traveller - in the catalogue, in the documentation, on its website or in other forms - alternative ways of resolving disputes that have arisen. In this case the organiser will indicate the type of alternative resolution proposed and the effects that such adherence entails.
21 - GUARANTEES TO THE TOURIST (Art. 50 and 51 Tur. Code).
Organised tourism contracts are assisted by suitable guarantees provided by the organiser and the intermediary travel agent which, for trips abroad and trips that take place within a single country, guarantee, in the event of the insolvency or bankruptcy of the intermediary or organiser, the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist. The identification details of the legal entity that, on behalf of the organiser, is required to provide the guarantee will be indicated in the catalogue and/or on the website of the Tour Operator; they may also be indicated in the booking confirmation of the services requested by the tourist/traveler.
22 - OPERATIONAL CHANGES
In view of the fact that catalogues are published well in advance with information on how to use the services, please note that the flight times and routes indicated in the acceptance of the proposal In view of the fact that catalogues are published well in advance with information on how to use the services, please note that the flight times and routes indicated in the acceptance of the proposal may be subject to change as they are subject to subsequent validation. To this end, the traveller must request confirmation of the services from their Agency prior to departure. The Organiser will inform passengers about the identity of the actual carrier within the time and in the manner provided for by art. 11 of EC Reg. 2111/2005 (referred to in art. 5).
ADDENDUM GENERAL TERMS AND CONDITIONS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
(A) REGULATORY PROVISIONS
Contracts whose object is to offer only the transport service, only the accommodation service, or any other separate tourist service, since they cannot be configured as a negotiated case of travel organisation or tourist package, do not enjoy the protection provided for in favour of travellers 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 that service, showing the amount paid for the service, and cannot in any way be considered a travel organiser.
Pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR") The Data Controller is Memo Srl ("Memo" or the "Data Controller"), with registered office in Corso Cavallotti, snc - 87010, Civita (CS). Memo has appointed a Data Protection Officer ("Data Protection Officer" or "DPO") whom the Traveller may contact in order to exercise his/her rights or to receive any information relating to the same, by writing to: firstname.lastname@example.org.
1. PURPOSE OF THE PROCESSING The personal data provided directly by the Traveller or collected from third parties is processed by Memo for the following purposes: a) to execute the contract that the Traveller has entered into with Memo and, in particular, to fulfil the requests made by the Traveller from time to time for this purpose; b) to fulfil the obligations required by laws, regulations and/or European Union regulations, or by supervisory and control bodies or other authorities with the authority to do so.
2. METHODS OF PROCESSING. The processing of the Traveller's personal data will be carried out using paper, computer and telematic tools, in such a way as to guarantee their security and confidentiality in accordance with the provisions of Article 32 GDPR.
3. COMMUNICATION OF PERSONAL DATA In order to achieve the purposes indicated in point 1 above, Memo may need to communicate the Traveller's personal data to third parties, whether or not belonging to Memo and, in particular, to the following categories: a) Airlines, hotels and transfer services; b) Insurance companies; c) Subjects that provide services for the management of the Owner's computer system; d) Subjects that provide professional consulting services and fiscal, legal and judicial assistance; e) Any other subject to whom the data must be communicated based on an express legal provision. The Traveller's personal data will not be disclosed by Memo.
4. RIGHTS OF THE DATA SUBJECT Using the contacts indicated in this information notice, the Traveller may exercise the following rights: the right to access, rectify, erase and portability of personal data, the right to restriction of and opposition to processing, as well as the right to lodge a complaint with the supervisory authority. The complete notice containing all the information required by Articles 13 and 14 of the GDPR, together with a full description of the rights granted to the Traveller, is available on the website www.lovesouthitaly.it in the Privacy section. Finally, it should be noted that the Organiser may install video surveillance systems within its villages for security reasons, the presence of which is reported as required by law.
COMPULSORY NOTIFICATION PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006. "Italian law punishes with imprisonment offences concerning prostitution and child pornography, even if committed abroad.