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Terms e Conditions
1) CONTENT OF THE TOURIST PACKAGE SALES CONTRACT AND LEGISLATIVE SOURCES
The tourist package contract, whether it has as its object services to be provided domestically or abroad, is governed, by Articles 32-51h – of Legislative Decree of 23 May 2011, No. 79 as amended by Legislative Decree of 21 May 2018, No. 62 (hereinafter, the “Tourism Code”) as well as by the provisions of the Civil Code on transport and mandate, as applicable. The content of the contract is described the catalogue, i.e. in the separate travel programme, as well as in the booking confirmation of the services requested by the traveller. It is sent by the tour operator to the traveller or the travel agency as his agent. In this case the traveller shall be entitled to receive it from the tour operator. In signing the proposal for the sale of a tourist package, the traveller must bear in mind that he/she takes for read and accepted, for him/herself and for the persons for whom he/she requests the all-inclusive service, both the travel contract as regulated therein and the warnings contained therein, as well as these general conditions.
2) NOTION OF TOURIST PACKAGE
The tourist package consists of the combination of at least two different types of tourist services such as:
1.the transport of passengers;
2.accommodation that does not form an integral part of passenger transport and is not intended for residential purposes, or for long-term language courses;
3.the hire of cars, other motor vehicles within the meaning of Ministerial Decree of 28 April 2008 or motorbikes requiring a category A driving licence, pursuant to Legislative Decree No 2 of 16 January 2013;
4.any other tourist service that does not form an integral part of one of the tourist services listed under 1, 2, 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 a 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 agrees to pay; 2.2 offered, sold or invoiced at a flat rate or global price; 2. 2.3 advertised or sold under the name “package” or a similar name; 2.4 combined after the conclusion of a contract whereby the trader allows the traveller to choose from a selection of different types of tourist services or purchased from separate traders through related online booking processes whereby the traveller’s name, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more other trader(s) and the contract with the latter trader(s) is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
3)PRE-CONTRACTUAL INFORMATION TO THE TRAVELLER DATA SHEET
Prior to the conclusion of the tourist package contract, the organiser or seller shall communicate the following information to the traveller, either by means of what is published in the catalogue on the pages relating to the chosen destination, or by means of a quotation or other means of information in the case of non-catalogue travel:
a)the main characteristics of tourism services, such as:
1.the destination(s) of the trip, the itinerary and periods of stay with dates and, if accommodation is included, the number of nights included;
2.the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and location of intermediate stops and connections; if the time is not yet fixed, the organiser and, where appropriate, the seller, will inform the traveller of the approximate time of departure and return; the name of the carrier that will operate your flight(s) at the times and in the manner provided for by art. 11 of EC Reg. 2111/2005 and its possible operating ban in the European Union is indicated on the confirmation sheet; any changes will be communicated to the traveller promptly, in accordance with EC Reg. 2111/2005;
3.the location and main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
4.meals provided included or not;
5.visits excursions or other services included in the agreed package price;
6.tourist services provided to the traveller as a member of a group and, if so, the approximate size of the group;
7.the language in which the services are provided;
8.whether the trip or holiday is suitable for persons with reduced mobility, this will be indicated in the catalogue or, for trips outside the catalogue, precise information on the suitability of the trip or holiday will be given at the request of the traveller
b)the commercial name and geographical address of the organiser and, where present, of the seller, their telephone numbers and e-mail addresses
c) the total price of the package including taxes and all duties, taxes and other additional costs, including any administrative and handling costs, or, where these cannot be reasonably calculated or prior to the conclusion of the contract, an indication of the kind of additional costs that the traveller may still have to bear;
d)the method of payment, including the amount or percentage of the price to be paid as a deposit, if any, and the time schedule for payment of the balance, or the financial guarantees to be paid or to be provided by the traveller;
e) the minimum number of persons required for the package and the deadline referred to in Article 41(5)(a) of the Tourism Code before the start of the package for the possible termination of the contract if the number is not reached;
f) general information regarding passport and/or visa requirements, including approximate times for obtaining visas and health formalities in the country of destination;
g)information on the traveller’s right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs or, if applicable, the standard withdrawal costs required by the organiser in accordance with Article 41(1) of the Tourism Code;
h) information on the optional or compulsory subscription of insurance covering the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death;
i) the details of the cover referred to in Article 47, paragraphs 1, 2, 3 of the Tourism Code.
4) PAYMENT
Upon signing the proposal to purchase the tourist package, the following must be paid:
a deposit on the price of the tourist package as indicated and in consideration of the possible need for immediate payment of certain services included in the tourist package. The balance must be paid at least 20 days before the scheduled departure, or at the same time as the signing of the purchase proposal, if this is made in the 20 days prior to departure. The non-payment of the aforementioned sums by the traveller or the non-payment of the same by the intermediary agency, the traveller’s agent, to the organiser, on the established dates, constitutes an express termination clause such as to determine the legal termination, with the consequent application of the penalties foreseen by art. 7, and this also in the case in which the organiser has sent the traveller the legitimisation documents (so-called vouchers) or the transport tickets. The relative communication, if from the organiser, will be sent to the traveller at the agency.
5) PRICE
The price of the tourist package is determined in the tourist package contract, with reference to what is indicated in the catalogue or programme out of the catalogue and in any updates to the same catalogues or programmes out of the catalogue that have subsequently taken place or on the organiser’s website. It may be modified if the contract – of which the catalogue is an integral part – so provides. In this case, the method of calculating the price revision will also be set out. In the absence of such an indication, it will be understood that the organiser has waived the right to change the price, subject to the conditions stipulated by law and set out below. Price increases are only possible as a result of changes concerning:
a)the price of passenger transport as a function of 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 at ports and airports;
c)the exchange rates relevant to the package. If the price increase referred to in this article exceeds 8% of the total price of the package, the traveller has the right to withdraw from the contract, as set out in article 6 below. The price cannot in any case be changed in the 20 days prior to departure. The price of the tourist package is expressed in euros.
6) CANCELLATION BY THE TRAVELLER
1.If, before the start of the package, the organiser is forced to significantly modify one or more of the main characteristics of the tourist services referred to in article 34, paragraph 1, letter a) of the Tourism Code, or cannot meet the specific requests made by the traveller and accepted by the organiser, or proposes to increase the price of the package by more than 8%, the traveller may withdraw from the contract, without paying any penalty. In the above cases, the traveller may:
a)accept the alternative proposal if formulated by the organiser;
b)request the return of the sums already paid. This restitution shall be made within 14 days of the termination of the contract.
2. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial effect on the execution of the package or on the carriage of passengers to the destination, the traveller has the right to withdraw from the contract, before the start of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but does not have the right to additional compensation. Any supervening impossibility for the traveller to take advantage of the holiday due to circumstances of a subjective nature (by way of example: illness, quarantine, cancellation of holidays, loss of work, etc.) does not legitimise withdrawal without penalty, which is provided for by law, since the traveller can guarantee himself against the economic risk associated with the cancellation of the contract by taking out an appropriate insurance policy, where not compulsorily provided for by the organiser.
3.In the event of cancellation of the contract by the traveller prior to departure, for any reason whatsoever, including unforeseen and unforeseeable, outside of the cases listed in the first paragraph or those provided for in Article 7, paragraph 1, a penalty shall be charged regardless of the payment of the deposit referred to in Article 5, paragraph 1. The amount of the penalty shall be quantified on the basis of how many days prior to the start of the trip the cancellation took place (the calculation of days does not include that of the cancellation, which must be received one working day prior to the start of the trip): FOREIGN AND ITALY WITH FLIGHT/TRAVEL – from the day following the booking up to 30 days before departure 10% – from 29 to 20 days before departure 30% – from 19 to 10 days before departure 50% – from 9 to 4 days before departure 75% – from 3 to 0 days before departure 100% ITALY ONLY STAY – up to 21 days before departure no penalty – from 20 to 8 days before departure 30% – from 7 to 4 days before departure 50% – from 3 to 0 days before departure 100%
4.Some services may be subject to different penalties, which will be communicated at the time of booking.
5.In the case of pre-established groups, these sums may be agreed on a case-by-case basis.
6.The organiser may withdraw from the tourist package contract and offer the traveller a full refund of the payments made for the package, but is not obliged to pay additional compensation if:
a)the number of persons enrolled in the package is less than the minimum stipulated in the contract and the organiser communicates the cancellation of the contract to the traveller within the period set out in the contract and in any case no 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;
b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveller without unjustified delay before the beginning of the package.
7. The organiser shall make all reimbursements prescribed in accordance with paragraphs 2 and 6 without undue delay and in any case within 14 days of cancellation. In the aforementioned 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 conditions and prior information if 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.
7)CHANGES BEFORE DEPARTURE BY THE TRAVELLER
Changes requested by the traveller to bookings that have already been accepted do not oblige the organiser in cases where they cannot be fulfilled. In any case, any request for a change will incur a fixed charge of at least € 50.00 per person, as an administrative cost, to which will be added – for the changes specified below only – the following percentages of the final purchase price of the package, calculated according to how many days before the scheduled departure of the trip the change was requested:
A) for travel by chartered aircraft (ITC special flight or scheduled flight) or motor coach or ferry (provided that even after the change, the trip includes an ITC special flight or scheduled flight or motor coach tour or ferry). For change of destination and/or hotel complex and/or date of departure (excluding departures on the same weekend or earlier date with ITC special flight) – from 29 to 20 days 10% – from 19 to 10 days 20% – from 9 to 4 days 40% – from 3 to 0 days 70%.
B) for all other types of travel. For change of destination and/or hotel complex and/or departure date (excluding departures on the same weekend) and/or reduction in length of stay OUTSIDE ITALY – from 29 to 20 days 20% – from 19 to 10 days 30% – from 9 to 4 days 50% – from 3 to 0 days 80% ITALY – up to 21 days before departure no penalty – from 20 to 8 days before departure 30% – from 7 to 4 days before departure 50% – from 3 to 0 days before departure 90% Some services may be subject to different penalties, these will be communicated at the time of booking. NOTES:
1. the decrease in the number of passengers within a file is to be understood as a “partial cancellation” (see therefore Art. 6 Withdrawal)
2. destination’ means not the state but the place of stay, as there are often several destinations within the same state (e.g. Balearics, Canaries in Spain, Crete and Rhodes in Greece) – 24 –
3.in the case of several changes requested at the same time, only the highest penalty is applied.
8) MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE PRIOR TO DEPARTURE BY THE ORGANISER
1.The organiser reserves the right to unilaterally change the conditions of the contract, other than the price, if the change is of minor importance. The communication is made clearly and precisely via a durable medium, such as e-mail.
2.If, before the start of the package, the organiser is forced to significantly modify one or more of the main characteristics of the tourist services referred to in Article 34, paragraph 1, letter a) of the Tourism Code or cannot meet the specific requests made by the traveller and 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 any penalty.
3.In the event of cancellation, the organiser may offer the traveller a replacement package of equivalent or superior quality.
4.The organiser shall inform the traveller without undue delay in a clear and precise manner on a durable medium of the proposed changes and their impact on the price of the package.
5.The traveller shall notify the organiser or intermediary of his or her decision within two working days of receiving the notice of change.
6.If the changes to the package contract 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 price reduction.
7.In the event of withdrawal from the package tour contract in accordance with paragraph 2, and if the traveller does not accept a replacement package, the organiser shall refund without undue 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 set out below:
a)there is no compensation for the cancellation of the tourist package by the organiser when the cancellation of the package depends on the failure to reach the minimum number of participants that may have been requested or the organiser is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the cancellation to the traveller without unjustified delay, before the start of the package;
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 for the cancellation of the tourist package if 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 or is due to unavoidable and extraordinary circumstances.
8.For cancellations other than those referred to in paragraph 7, letters a), b) and c), the organiser who cancels, will refund to the traveller a sum equal to the amount paid by the same and effectively collected by the organiser, through the travel agent, it being understood that the sum refunded will never be more than double the amounts for which the traveller would be liable on the same date according to the provisions of article 7, paragraph 3, if he/she were to cancel, by virtue of the principle of early settlement of the damage by application of standard cancellation charges.
9) LIABILITY OF THE ORGANISER FOR INEXACT PERFORMANCE OF THE PACKAGE AND SUPERVENING IMPOSSIBILITY DURING PERFORMANCE OF THE PACKAGE – OBLIGATIONS OF THE TRAVELLER – TIMELINESS OF COMPLAINT
1.The organiser is responsible for the execution of the tourist services envisaged in the tourist package contract, regardless of whether such services are to be provided by the organiser himself, by his auxiliaries or supervisors when acting in the exercise of their functions, 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 set out in Articles 1175 and 1375 of the Civil Code, shall inform the organiser, directly or through the seller, in a timely manner, during the use of the service taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service envisaged in the tourist package sales contract.
3.If one of the tourist services is not performed as agreed in the tourist package contract, the organiser remedies the lack of conformity, unless this is impossible or excessively onerous, taking into account the extent of the lack of conformity and the value of the tourist services affected by the 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 that 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 period fixed by the traveller by means of the complaint made in accordance with paragraph 2, the traveller may remedy the defect himself and request reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveller need not specify a time limit. If a defect of conformity constitutes a non-shortcoming of no small importance and the organiser has not remedied it with the timely complaint 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 – if appropriate – a reduction in price, without prejudice to any compensation for damages. Should the organiser, after departure, be unable to provide, for any reason other than for the traveller’s own doing or for measures taken by the Institutional Authorities, an essential part of the services foreseen in the contract, he must provide adequate alternative solutions for the continuation of the planned trip not involving charges of any kind for the traveller, or reimburse the latter within the limits of the difference between the services originally foreseen and those carried out. 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 a different place possibly 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.
10) SUBSTITUTIONS
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. The transferor and the transferee of the tourist package contract are jointly and severally liable for the payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and handling costs resulting from such transfer. 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 tour contract, and shall provide proof of the fees, taxes or other additional costs resulting from the assignment of the contract. In the case of a travel contract with air transport for which tickets were issued at a subsidised and/or non-refundable rate, the assignment may entail the issuance of new air tickets at the rate available on the date of the assignment.
11)TRAVELLERS’ OBLIGATIONS
Without prejudice to the obligation to promptly communicate the lack of conformity, as provided for in art. 11 paragraph 2, travellers must comply with the following obligations: travellers are obliged to inform the intermediary and the organiser of their citizenship if different from Italian citizenship, they must have an individual passport or other document valid for all the countries touched by the itinerary, as well as residence and transit visas and any health certificates that may be required. Foreign citizens will find the corresponding information through their diplomatic representations in Italy and/or their respective official government channels. Tourists must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries to which the trip is to be taken, with all the information provided to them by the organiser, as well as with the regulations and administrative or legislative provisions relating to the tourist package. Tourists will be called upon to answer for all damages that the organiser may suffer due to their non-fulfilment of the above-mentioned obligations, including repatriation costs. 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 responsible towards the organiser for the prejudice caused to the right of subrogation. The traveller will also communicate in writing to the organiser, at the time of booking, any particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them. The traveller is always obliged to inform the intermediary and the organiser of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) prior to the conclusion of the contract, as long as it is possible for the organiser to implement them, by signing at the same time the consent to the processing of special data and to explicitly specify the request for the relevant personalised services. Without this consent, it will not be possible to fulfil the contractual obligations. Special requests made after the conclusion of the contract do not bind the organiser to its implementation, as the contract is already finalised according to the statement of account. In any case, prior to departure, tourists will check with the competent authorities (for Italian citizens, the local police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Centre – 25 – on the number 06 491115) for official information of a general nature relating to the country of destination – including those relating to the socio-political security situation, health and climate and the documents required for access for Italian citizens. Since this information is subject to change and updating, the traveller will – by consulting these sources – verify the officially expressed wording before proceeding to purchase the travel package. In the absence of such verification, no liability for the non-departure of one or more tourists can be attributed to the intermediary or the organiser. At the time of departure, travellers must definitively ensure that they are in possession of vaccination certificates, individual passports and any other document valid for travel abroad for all the countries involved in the itinerary, as well as residence visas, transit visas and any health certificates that may be required. For regulations concerning the expatriation of minors, please refer expressly to what is indicated on the Polizia di Stato website. Please note, however, that minors must be in possession of a valid personal document for expatriation. As regards the expatriation of minors under 14 years of age and the expatriation of minors for whom an Authorisation issued by the Judicial Authority is required, the prescriptions indicated on the State Police website http:// www.poliziadistato.it/articolo/191/ must be followed. Travellers must in any case find the corresponding information through their diplomatic representations and/or the respective official government information channels. In any case, travellers should check with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Centre on 06.491115) for updates before departure. In the absence of such verification, no responsibility for the missed departure of one or more travellers can be attributed to the selling Agency or the organiser. The above information is not contained in the T.O.’s catalogues – online or in print – since they contain descriptive information of a general nature as indicated in Article 38 of the Tourism Code and since they are temporarily changeable. The same must therefore be assumed by the Tourists. If, at the time of booking, the chosen destination appears, through institutional information channels, to be subject to a warning (special warning) for security reasons, the Traveller who subsequently exercises his or her right of withdrawal may not invoke, for the purposes of exemption or reduction of the claim for compensation for the cancellation made, the lack of a contractual cause related to the security conditions of the country.
12) 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 countries, including EU member states, to which the service refers, 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 tourist.
13)ORGANISER’S LIABILITY REGIME
The organiser is liable for damages caused to the traveller as a result of the total or partial non-fulfilment of the services contractually due, whether these are carried out by him personally or by third party service providers, unless he proves that the event was caused by the traveller (including initiatives autonomously undertaken by the latter during the execution of the tourist services) or by circumstances extraneous to the provision of the services foreseen in the contract, by chance, force majeure, or by 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 arising from the organisation of the trip, but is exclusively responsible for the obligations arising from his or her capacity as intermediary and for the execution of the mandate given to him or her by the traveller, as specifically provided for in Art. 50 of the Tourism Code, including the guarantee obligations as per Art. 47 of the Tourism Code.
14) LIMITS OF COMPENSATION AND PRESCRIPTION
1.Compensation for damages arising from the non-execution or inexact execution of the services constituting the tourist package and the relative limitation periods are governed by articles 43 – 46 of the Tourism Code 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 damages that are not subject to a set limit.
2.The right to a reduction in price or compensation for damages in the event of changes to the tourist package contract or the replacement package is prescribed in two years from the date of the traveller’s return to the place of departure.
3.The right to compensation for personal injury is time-barred in three years from the date of the traveller’s return 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.
15) DUTY OF CARE
The organiser provides adequate assistance without delay to the traveller in difficulty also in the circumstances referred to in article 42, paragraph 7 of the Tourism Code, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and by assisting the traveller in carrying out long-distance communications and helping him/her to find alternative tourist services. The organiser provides, at the request of the traveller, assistance in the event of an accident occurring to the traveller. Without prejudice to the fact that the insurance contract is between the insurance company and the traveller and, therefore, the rights arising from the insurance contract must be exercised by the traveller directly against the contracting insurance company, under the conditions and in the manner provided for in the policies themselves; the organiser, in carrying out this assistance service, will be aware of all the documentation necessary or voluntarily transmitted by the traveller in order to provide him/her with assistance, as well as all the data necessary to manage the assistance phases. The assistance will also include the communication of data concerning the traveller concerned to other parties involved, such as but not limited to: insurance companies, third-party companies providing services necessary for the assistance. The organiser may charge a reasonable fee for such assistance if the problem is caused intentionally by the traveller or through his fault to the extent of the actual costs incurred.
16) 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, forwards them promptly to the organiser.
2.For the purposes of compliance with time limits or limitation periods, 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.
17) TRAVELLER GUARANTEES
The travel packages and/or tourist services organised by Magia S.r.l. are guaranteed, from the moment the contract is concluded and for the entire duration of the trip, by an insurance guarantee designed to cover medical, luggage and personal assistance expenses and the sums due in the event of cancellation of the trip by the traveller for certifiable reasons; these sums correspond to the penalty applied by the organiser, as governed by articles 7 and 8 of these general terms and conditions, without prejudice to any uncovered amounts or deductibles. The policy is included within a wider range of services that make up the price of the tourist offer of Magia S.r.l., therefore it cannot be separated from the cost of the trip and is not refundable. In any case, the Traveller is advised to stipulate additional optional policies at the time of booking at the organiser’s or intermediary’s offices in addition to the Basic Policy already integrated.
18) GUARANTEES OF THE ORGANISER (Art. 47, Tourism Code)
Organised tourism contracts are assisted by suitable guarantees provided by the organiser and/or the intermediary travel agent which, for trips abroad and trips that take place within a single country ensure, in the event of 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 obliged to provide the guarantee will be indicated in the catalogue and/or on the organiser’s website, also indicating the methods and terms for accessing the guarantee. The procedures for accessing the guarantee and the deadlines for submitting the application for reimbursement of the sums paid are indicated on the website of the “Happy Holidays Fund”, at https://www.fondovacanzefelici.it/, as a legal entity to which Magia S.r.l. adheres. In order to avoid incurring forfeiture, it is advisable to keep in mind the deadlines indicated for submitting applications. It is understood that the lapse of the deadline due to the impossibility of submitting the application and not to inertia on the part of the tourist, allows for remission within the same deadline. The web address of the “Happy Holidays Fund” can also be found on the websites, catalogues and documents relating to the tourist package purchase contract (statement of account or booking confirmation) of the organiser itself.
ADDENDUM GENERAL TERMS AND CONDITIONS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES 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 by European Directive 2032/2015. A seller who undertakes to procure an unbundled tourist service to a third party, even by telematic means, is required to issue the traveller with the documents relating to this service, showing the amount paid for the service, and cannot be considered a travel organiser. Approved by Assotravel, Assoviaggi, Astoi and Fiavet Publication carried out in compliance with Regional Law 30 March 1988 no.15 regarding organised trips Printed in Italy Propaganda prints – Advertising leaflet not for sale I.P. “Compulsory communication according to article 17 of Law no. 38/2006 Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad