Terms & Conditions

Premise: Content of the Tourist Package Contract

They make up an integral part of the tourist package contract, beyond the general conditions that follow, the description of the tourist package contained in the catalog (online or paper), or in the separate travel program, as well as the booking confirmation that is sent by the organizer to the seller, as agent of the traveler. When signing the package purchase proposal, the traveler must keep in mind that it is considered read and accepted, for himself and for his subjects indicated in the contract, both the tourist package contract as regulated therein, and the warnings and conditions contained therein, and these general conditions.

1. Legislative Sources

The sale of tourist packages and connected tourist services is regulated by the Tourism Code (articles 32–51-novies) as amended by Legislative Decree 62/2018 which implements EU Directive 2015/2302 and its successive modifications and provisions of the civil code regarding transportation and mandate, as applicable.

2. Administrative Regime

The organizer and seller of the tourist package must be authorized to carry out their respective activity in accordance with current legislation, including regional or municipal regulations. The Organizer and the seller established on Italian territory must be covered by civil liability insurance in favor of the traveler for compensation for damages arising from the violation of the respective obligations assumed with the respective contracts.

3. Definitions

a) "traveler"

Whoever intends to conclude a contract, stipulates a contract or is authorized to travel based on a tourist package contract or related tourist service.

b) "professional"

Any natural or legal person, public or private, that within the scope of their commercial, industrial, artisanal or professional activity acts in tourist package or connected tourist service contracts.

c) "organizer"

A professional that combines packages and sells or offers them for sale directly or through another professional, or the professional who transmits the data relating to the traveler to another professional.

d) "seller"

The professional, different from the organizer, that sells or offers for sale packages combined by an organizer.

e) "durable support"

Any tool that allows the traveler or professional to preserve information that is personally addressed, accessible in the future for an adequate period and allowing identical reproduction of the stored information.

f) "unavoidable and extraordinary circumstances"

A situation beyond the control of the party invoking such situation whose consequences could not be avoided even by adopting all reasonable measures.

g) "defect of compliance"

A non-compliance of the tourist services included in a package.

h) "minor"

A person under 18 years of age.

4. Concept of Tourist Package and Related Tourist Service

"Tourist package" means the combination of at least two different types of tourist services (transportation of passengers; accommodation; rental of cars or other vehicles; or any other tourist service) for the purposes of the same trip or the same holiday, if at least one of the following conditions occurs:

1. such services are combined by a single professional, including at the request of the traveler, before a single contract for all services is concluded;
2. such services, even if concluded with distinct contracts with individual providers of tourist services, are purchased at a single point of sale and selected before the traveler agrees to the payment; or offered, sold or transferred at a flat rate or global price; or advertised or sold under the name "package" or similar.

5. Information for the Traveler

Before the conclusion of the tourist package contract, the organizer and the seller provide to the traveler the relevant "standard informative module" and communicate the following information:

• the main characteristics of the tourist services, including destination(s), itinerary, periods of stay with dates, nights included;
• means, characteristics and categories of transport, places, dates and times of departure and return;
• location, main characteristics and, where applicable, tourist category of accommodation;
• meals provided;
• visits, excursions or other services included in the total agreed price;
• the total price of the package including taxes and all additional costs;
• payment methods, including any advance payment amounts and calendar;
• general information regarding passport and visa conditions, health formalities of the destination country;
• information on optional or mandatory insurance covering withdrawal costs.

6. Purchase Proposal – Reservations

At the time of conclusion of the tourist package contract, or as soon as possible, the organizer or the seller provides to the traveler a copy or confirmation of the contract on a durable support. The tourist package contract is considered concluded only when the organizer sends confirmation, also via electronic system, to the traveler or the seller.

Travel documents (e.g. vouchers) will be delivered to the traveler in sufficient time before departure. The traveler must keep them and carry them during the trip, together with any other documents (e.g. airline tickets). The traveler is required to verify the correctness of the data reported on the aforementioned documents and to communicate immediately to the seller any errors.

7. Payments

Upon signing the contract, the following must be paid: a) the registration or management fee; b) advance payment in the measure indicated by the organizer or seller. The balance must be paid without delay within the deadline established by the organizer in their catalog or in the reservation confirmation.

Failure to pay the above sums on the established dates will result in the automatic legal resolution of the contract from the organizer's side, with simple written communication, by fax or email, to the seller or at the electronic domicile of the traveler.

8. Price and Price Review

The price of the tourist package is determined in the contract with reference to what is indicated in the catalog or on the organizer's website. It may be varied, in increase or decrease, only as a consequence of variations in: the price of passenger transportation depending on the cost of fuel or other energy sources; the level of duties and taxes on tourist services; exchange rates relevant to the package.

A price increase is only possible with prior notification on durable support by the organizer to the traveler, together with the justification for this increase and the calculation methods, at least 20 days before the beginning of the package. If the price increase exceeds 8% of the total price of the package, the provisions of article 9.2 apply.

9. Changes, Withdrawal of the Organizer or Cancellation Before Departure

Before the beginning of the package, the organizer can unilaterally modify the conditions of the contract (other than the price) for minor modifications, communicating them to the traveler on a durable support.

If, before the beginning of the package, the organizer is forced to modify significantly one or more main characteristics of tourist services, or proposes to increase the price of the package by more than 8%, the traveler may accept the proposed change or withdraw from the contract without paying withdrawal costs. In case of withdrawal, the organizer can offer the traveler a replacement package of equivalent or higher quality.

The organizer can withdraw from the tourist package contract and offer the traveler a full refund of payments made if: the number of people registered for the package is less than the minimum required, with communication given no later than 20 days before departure (trips over 6 days), 7 days (trips between 2–6 days), or 48 hours (trips under 2 days); or the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances.

10. Traveler's Withdrawal

The traveler can withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or standard withdrawal costs (cancellation penalties) provided by the organizer, which depend on the chosen destination and the moment in which the traveler withdraws from the departure date.

Withdrawal costs are not due in cases where the organizer significantly modifies the contract (art. 9.2). In the event of unavoidable and extraordinary circumstances occurring at the place of destination which have a substantial impact on the execution of the package, the traveler has the right to withdraw from the contract without paying withdrawal costs and with full refund of payments made.

11. Changes After Departure

If due to circumstances not attributable to the organizer it is impossible to provide a substantial part of the combination of tourist services agreed in the contract, the organizer offers, without supplement to the charge of the traveler, adequate alternative solutions of quality, where possible equivalent or higher than those specified in the contract.

If the proposed alternative solutions result in a package of lower quality than that specified in the tourist package contract, the organizer grants the traveler an adequate price reduction.

12. Substitutions and Transfer of the Contract

The traveler can substitute another person for themselves, provided that: the organizer is informed no later than 7 days before the beginning of the package; the person intending to be assigned the contract satisfies all conditions for using the service; the same services may be provided following the replacement; and all administrative expenses are paid to the organizer.

The assignor and the transferee of the tourist package contract are jointly responsible for the payment of the balance of the price and any additional costs resulting from such assignment.

13. Obligations of the Travelers

Italian citizens are provided general information regarding passport and visa conditions, including approximate times for obtaining visas and healthcare formalities of the destination country.

Travelers must verify, before departure, with the competent authority that their documents are in order. In the absence of such verification, no responsibility for the failure of one or more travelers to depart may be attributed to the seller or organizer.

Travelers must always communicate timely to the organizer (also through the seller) any defects of conformity found during the execution of the package. They are required to comply with the rules of normal caution and diligence and to those specifically in force in the travel destination countries, and to all information provided to them by the organizer.

14. Hotel Classification

The official classification of hotel facilities is provided in the catalog or other information material only based on the expressed and formal directions of the competent authority of the destination. In the absence of official classifications recognized by the competent Public Authorities, the organizer reserves the right to provide their own description of the accommodation facility.

15. Responsibility of the Organizer for Inaccurate Execution of the Package

Pursuant to art. 42 of the Tourism Code, the organizer is responsible for the execution of all tourist services expected from the tourist package contract, regardless of the fact that such services must be provided by the organizer, by their auxiliaries, by third parties whose work is used, or by other suppliers of tourist services.

If one of the tourist services is not executed according to what was agreed in the contract, the organizer remedies the lack of conformity, unless this proves impossible or results excessively onerous. If the organizer does not remedy the defect, the traveler may remedy personally to the defect and request reimbursement of the necessary expenses, provided they are reasonable and documented.

16. Reduction of the Price and Compensation of Damages

The traveler has the right to an adequate reduction of the price for the period during which there was a defect of conformity, unless the organizer demonstrates that this defect is attributable to the traveler.

The traveler has the right to receive adequate compensation for any harm suffered as a result of a lack of conformity. The traveler is not entitled to compensation for damages if the organizer proves that the defect is attributable to the traveler, to a third party extraneous to the supply of the services, and is unpredictable or unavoidable, or is due to unavoidable and extraordinary circumstances.

The tourist package contract may provide for the limitation of the compensation due by the organizer (except for damage to persons or those caused intentionally or by fault), so long as such limitation is not less than three times the total price of the package.

17. Obligation of Assistance

The organizer provides appropriate assistance without delay to the traveler in difficulty, in particular by providing information regarding healthcare services, local authorities and consular assistance, and assisting the traveler in carrying out remote communications and helping them to find alternative tourist services.

The traveler can direct messages, requests or complaints concerning the execution of the package directly to the seller through whom the package was purchased, who, in turn, promptly forwards such messages to the organizer.

18. Responsibility of the Seller

The seller must indicate their capacity and is exclusively responsible for the execution of the mandate granted by the traveler with the travel intermediation contract, regardless of whether the performance is carried out by the seller, by their auxiliaries, or by third parties.

19. Insurance Against Cancellation Expenses and Repatriation

If not expressly included in the price, it is possible and advisable to take out special insurance policies at the offices of the organizer or seller to cover withdrawal costs, as well as those arising from accidents and/or illnesses which also cover repatriation costs and loss and/or damage of luggage.

Travelers, at the time of booking, must communicate to the seller any specific needs or problems for which it may be necessary to issue policies different from those proposed or included in the package price.

20. Alternative Dispute Resolution

The organizer will provide the traveler with information regarding any existing data processing procedures for complaints and alternative dispute resolution mechanisms (ADR – Alternative Dispute Resolution), pursuant to Legislative Decree 6 September 2005, n. 206.

21. Guarantees to the Traveler

The organizer and the seller established in Italy are covered by civil liability insurance contracts in favor of the traveler for compensation for damages resulting from the violation of the respective obligations. Tourist package organization contracts are assisted by insurance policies or bank guarantees that, in cases of insolvency or failure of the organizer or of the seller, guarantee, without delay on request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler.

22. Individual Tourist Services and Connected Tourist Services

Contracts having as their object the offer of only the transport service, only the accommodation service, or of any other separate tourist service, cannot be configured as a tourist package organization contract, do not enjoy the protections provided by the tourism code, and the contractual conditions of the individual supplier will apply.

23. Excursions On Site

Excursions, services and performances purchased by the traveler on site and not included in the price of the tourist package are extraneous to the object of the relevant contract. Therefore, no responsibility can be attributed to either the organizer or the service intermediary.

Information pursuant to Reg. (EC) n. 2027/97

• Compensation for Death or Injury: There is no financial limit on liability for passenger injury or death. For damages up to 100,000 SDRs the air carrier cannot contest requests for compensation.
• Advances of payment: In case of injuries or death of a passenger, the carrier must pay within 15 days an advance payment for immediate economic needs. In case of death, the advance is not less than 16,000 SDRs.
• Delays in passenger transport: The carrier is liable for damage, limited to 4,150 SDRs (approximately €5,000).
• Delays in baggage transport: Liability is limited to 1,000 SDRs (approximately €1,200).
• Destruction, loss or damage of baggage: The air carrier is liable up to 1,000 SDRs. For checked baggage, the carrier is responsible even if free from fault, except for inherent defects of the baggage.
• Higher limits for baggage: Passengers can benefit from a higher limit by issuing a special declaration at check-in and paying a supplement.
• Complaints regarding baggage: In case of damage to checked baggage, complaints must be lodged within 7 days; in case of delay, within 21 days from the date the baggage was made available.
• Time limits for compensation: Legal remedies must be initiated within two years from the date of arrival or from the date on which the flight should have arrived.

Communication pursuant to art. 17 L. 38/2006: Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad.