Terms and conditions for the sale of package holidays
Autorizzazione amministrativa No. 0114040 of 25/06/2018, issued by the province of Milan.
Public liability insurance policy: ALLIANZ SPA No. 731516730
Insurance for travellers: “Il Salvagente”, issued by Il Salvagente S.C.A.R.L.
THE PACKAGE HOLIDAY CONTRACT
The description of the package holiday in the holiday brochure, or in a separate travel leaflet, together with the booking confirmation for the services requested by the traveller, constitute an integral part of the travel contract along with the following general terms & conditions. The tour operator shall send a copy of this contract to the traveller or to the travel agency acting as the traveller's agent, and the traveller shall have the right to receive it from the travel agency. In signing the package holiday proposal, the traveller or traveller expressly declares that they have understood and accepted, individually and on behalf of any others for whom the all-inclusive service has been requested, both the travel contract, as stipulated under the offer, the caveats contained therein, and these general terms & conditions.
The sale of package holidays, with the objective of providing services both nationally and abroad, is regulated, until its repeal pursuant to Art. 3 of Legislative Decree No. 79 of 23 May 2011, the Codice del Turismo (the "Tourism Code"), is regulated by Italian law No. 1084 of 27/12/1977, by ratification and implementation of the International Convention relative to travel contracts (CCV), signed in Brussels on 23/4/1970, where applicable, and by the Italian Tourism Code (Art. 32-51) and its subsequent amendments, and by the provisions of the Italian Civil Code on transport and its mandate, where applicable. The details of any further legislative provisions, which come into force during the period of validity of this brochure, and which will have the effect of amending or repealing any of the contract's terms & conditions as set out below, shall be made available on the Tour Operator's website.
The tour organiser and the package holiday travel intermediary, working on the traveller's behalf, must be authorised to carry out their respective business activities in accordance with the current legislation, including any applicable regional laws, up to the limits of their respective responsibilities. Before the contract is signed, the organiser and the travel intermediary shall supply third parties with details of the insurance policy covering the risks of professional civil liability, as well as the details of other insurance policies covering the traveller for any events that may negatively affect the holiday, such as the cancellation of the trip, medical expenses incurred, early return, and loss of or damage to luggage, as well as the details of insurance provided to cover the risks of insolvency or bankruptcy of the organiser or travel intermediary, up to the limits of their respective responsibilities, for the purpose of returning the sums paid or the return of the traveller to their place of departure pursuant to Art. 18, paragraph VI, of the Tourism Code. The use of the terms: "travel agency", "tourism agency", "tour operator", "travel bureau" or any other words and phrases, including in those in a foreign language, of a similar descriptive nature, can only be used by qualified companies, as described in the first paragraph.
For the purposes of this contract the following definitions shall apply: a) Travel organiser: the person who undertakes, in their own name and for a fixed sum, to procure package holidays for third parties, combining the various elements of the package as described in the following Art. 4, or by offering the Traveller, including remotely or online, the opportunity to independently create and purchase such combination. b) Travel Intermediary: the person who, whether on a professional basis or not and without remuneration, sells or undertakes to procure package holidays for a lump sum payment, pursuant to the following Art. 4 c) Traveller: the buyer, the transferee of a package tour, or any other person, provided that they meet all the conditions required for the use of the service, on behalf of which the main contractor undertakes to purchase a package holiday without remuneration.
PACKAGE HOLIDAY DEFINITION
A package holiday is defined as follows: Package holidays can include trips, holidays, 'all-inclusive' trips, or cruises, made up of any combination, by anyone and in any way, of at least two of the elements indicated below, sold or offered for sale at a fixed price: a) transportation b) accommodation c) additional traveller services, not included in transportation or accommodation, pursuant to Art. 36, that constitute a significant part of the 'package holiday ' (Art. 34 of the Tourism Code). The traveller has the right to receive a copy of the package holiday sales contract (drawn up pursuant to and in the manner set out in Art. 35 of the Tourism Code). The contract qualifies the traveller to access the Guarantee Fund referred to in Art. 21.
TOURIST INFORMATION - DATA SHEET
Before the trip starts, the organiser or the travel intermediary must provide the traveller with the following information: a) timetables, the location of any intermediate stops and connections b) the name of the air carrier, if not known at the time of booking, in accordance with Article 11 Reg. Ce 2111\05 (Art. 11, paragraph 2 Reg. Ce 2111/05: "If the identity of the air carrier or air carriers is unknown at the time of reservation, the air carriage contractor has an obligation to inform passengers of the name of the air carrier or carriers that will operate as effective air carriers for the flight or flights involved. The air carriage contractor will ensure that passengers are informed of the names of the effective air carrier or carriers as soon as this is known, and of any possible operating bans within the EU”. 2. The organiser has an obligation to insert this information into the travel brochure or travel program, including on electronic devices or by providing an electronic link. This shall contain information relating to the legal obligations to which the Tour Operator is subject, for example:
Details of administrative authorisation or business start-up certification.
Details of the guarantees for travellers pursuant to Art. 50 of the Tourism Code.
Details of third-party liability insurance.
The validity period of the brochure or of any separate program.
Travel price adjustment parameters and criteria (Art. 40 of the Tourism Code)
Booking requests for a package holiday must be made on the appropriate contractual form, either electronically or on a durable medium, completed in all its parts and signed by the traveller, who will receive a copy. Acceptance of the package holiday booking will be considered completed, with the consequent signing of the contract, only when the organiser has sent the confirmation, by electronic means if necessary, to the customer's Travel Agency, who will then be responsible for forwarding it to the customer. Before departure, the organiser will provide all the additional information about the package not contained in the contractual documents, brochures, or other written documentation, in compliance with Art. 37, paragraph 2 of the Tourism Code. Special requests that will have an impact on the services included in the package holiday , including airport assistance for people with reduced mobility, and requests for special meals on board or in the resort, must be made in advance during the booking phase and will be subject to a specific agreement between the traveller and the organiser, arranged through their travel agent. Pursuant to Art. 32, paragraph 2, of the Tourism Code, we hereby inform you that, in any contract concluded at a distance or off-premises (as defined in Art. 45 of D. Lgs. 206/2005), the right of withdrawal shall not apply, in accordance with Art. 47, paragraph 1g.
Upon signing the agreement for the package holiday , the following fees must be paid:
a) the registration or management fee (see Art. 8)
b) a deposit not exceeding 30% of the price of the package holiday as published in the brochure or in the quotation provided by the organiser. This sum is due as a confirmation deposit and an advance on the total price. During the period of validity of the quotation, and therefore before any confirmation that would constitute the completion of the contract, Art. 1385 of the Italian Civil Code will not apply if a cancellation is based on an action for which the traveller may be deemed responsible. The balance due must be paid promptly, with no extension, by the deadline set out in the booking confirmation for the holiday service/package requested.
For bookings made after the date indicated as the deadline for paying the balance or for those that require an immediate payment for the services booked, such as air tickets or prepayment for accommodation to obtain the best rate, the full amount, or the amount necessary to cover these services, must be paid at the time of signing or when requested by the Organiser.
Failure to pay the above sums, on the agreed dates, as well as failure to remit the sums paid by the tourist to the travel intermediary to the Tour Operator, and without prejudice to any claims pursuant to Art. 50 of Legislative Decree 79/2011 against the latter, constitutes an express termination clause such as to cause the legal termination of the agreement, which must be notified in writing, by fax or e-mail, to the travel intermediary or the traveller's domicile, if this address has been provided by the traveller. The balance is considered to have been paid when the sums reach the organiser, either directly from the traveller or through their travel intermediary.
The price of the package holiday is determined in the contract on the basis of the information provided in the catalogue or in the programme not included in the catalogue, and in any updates of these catalogues or programmes, or on the operator's website. It can only be changed as a result of changes in:
transportation costs, including fuel costs.
duties and taxes relating to air transport, landing fees, or disembarkation or embarkation fees in ports and airports.
exchange rate fluctuations applicable to the package in question.
Such changes will be based on the exchange rates and prices in force on the date of publication of the schedule, as published in the brochure, or on the date given in any updates published on the websites. Under no circumstances can the price be increased in the 20 days prior to departure and the increase may not exceed 10% of the original price. The total price is made up of:
a registration fee or file management fee.
the brochure price: details in the brochure or in the package quotation provided to the travel intermediary or traveller.
CHANGES TO OR CANCELLATION OF THE PACKAGE HOLIDAY BEFORE DEPARTURE
If the organiser needs to significantly modify one or more items in the contract before departure, they must immediately inform the traveller in writing, either directly or through their travel intermediary, with details of the changes and the subsequent impact on the price.
If the traveller does not accept the proposed modifications referred to in paragraph 1, they can withdraw from the agreement without penalty and are entitled to choose an alternative package, if the tour operator can offer one. Failing that, they shall be refunded any money that has already been paid, including the management fee, in accordance with the applicable law.
The traveller must notify the organiser or travel intermediary of their decision within two working days of the receipt of the notice mentioned in paragraph 1. If the traveller fails to send such notification within the deadline, the organiser's offer shall be deemed to have been accepted.
If the organiser cancels the package holiday before departure for any reason, except for reasons which are the responsibility of the traveller, the traveller shall be reimbursed, within the terms of the law, the full amount paid for the package holiday . The traveller also has the right to be compensated for non-execution of the contract, except in the following cases:
No compensation shall be liable in the event of the cancellation of the package holiday if this is the result of the failure to reach the minimum number of participants required, or due to force majeure or other unforeseeable circumstances.
For cancellations other than those caused by unforeseeable circumstances, force majeure, and failure to reach the minimum number of participants, and reasons other than the refusal of the traveller to accept the alternative package holiday offered, the organiser will refund an amount equal to double the amount paid by the traveller through the traveller's travel agent.
The refunded sum shall never be more than double the amount for which the client would be eligible on the same date, in accordance with Art. 10, paragraph 2, in the event that they were the cancelling party.
CANCELLATION BY THE CUSTOMER
The traveller also has the right to withdraw from the contract, without penalty, in the following cases:
a price increase in excess of 10%
the significant modification of one or more items in the contract, that can objectively be construed as being essential to the enjoyment of the package holiday considered as a whole, and when these changes had been proposed by the organiser after the agreement had been signed and before the traveller’s departure or have been rejected by the traveller.
In the cases mentioned above, the traveller also has the right:
to take advantage of an alternative package holiday of equivalent or higher value, if the organiser can provide one. If the replacement package offered is of lower value, the organiser shall refund the difference in price to the consumer.
a refund of the amount already paid. This refund must be made in accordance with the law.
The client who withdraws from the contract before departure, excluding those circumstances listed in the first paragraph or those in Art. 9, paragraph 2, shall be liable to pay, in addition to any deposit referred to in Art. 7 paragraph 1, the administrative cost of handling the booking, the penalty stated in the brochure or leaflet or for a customised tour, any expenses related to the insurance cover requested at the time of the contract was signed, and for any other services that have been already provided.
In the case of pre-arranged groups, these amounts will be agreed when the contract is signed.
Trips that include scheduled flights with special fares are excluded from the above. In such cases, the conditions relating to cancellation penalties are not regulated and much more restrictive.
In all other cases, if the booking was made before 24/02/2020 and the traveller has purchased the cancellation option:
If the withdrawal occurs in the period preceding the thirtieth day from the departure of a shift not yet confirmed (scheduled, partially confirmed), the traveller will be entitled to a refund of the amount paid, equal to the cost of the basic booking and the "No Sharing Room" option (if selected), but not including the "Trip Cancellation" fee;
Following the booking of a "confirmed" trip, the traveller will be entitled to a refund of the cost of the basic booking, under the following conditions:
If the trip is cancelled 60 days or more before departure, the traveller will be entitled to a refund of 70% of the cost of the basic booking, only if already paid, and excluding the "Trip Cancellation" fee and the "No Sharing Room" option (if selected).
If the trip is cancelled between 59 and 30 days before departure, the traveller will be entitled to a refund of 40% of the cost of the basic booking, refundable only if paid, and excluding the "Trip Cancellation" fee and the "No Sharing Room" option (if selected).
If the trip is cancelled between 29 and 15 days before departure, the traveller will be entitled to a refund of 20% of the cost of the basic booking, only if already paid, and excluding the "Trip Cancellation" fee and the "No Sharing Room" option (if selected).
Closer to the departure date than this, the traveller will not be entitled to a refund of the basic booking cost or the "Trip Cancellation" fee and the "No Sharing Room" option (if selected).
If the traveller has booked after 24/02/2020 (inclusive) and has purchased the cancellation option, the refund conditions are as follows:
In the period preceding the thirtieth day from departure of a trip that has not yet been confirmed (scheduled, partially confirmed), the traveller will be entitled to a refund of the amount paid, equal to the cost of the basic booking and the "No Sharing Room" option (if selected).
Following the booking of a "confirmed" trip, the traveller will be entitled to a refund of the cost of the basic booking, under the following conditions:
If the trip is cancelled more than 60 days before departure, the traveller will be entitled to a refund of 100% of the cost of the basic booking and of the “No Sharing Room” option (if selected), excluding the “Trip Cancellation” fee.
If the trip is cancelled between 60 and 31 days before departure, the traveller will be entitled to a refund of 70% of the cost of the basic booking and the "No Sharing Room" option (if selected), excluding the "Trip Cancellation" fee.
If the trip is cancelled between 30 and 16 days before departure, you will be entitled to a refund of 20% of the cost of the basic booking, refundable only if paid, excluding the "No Sharing Room" option (if selected) and the "Trip Cancellation" fee.
Closer to the departure date than this, the traveller will not be entitled to a refund of the cost of the basic booking or of the “No Sharing Room” option (if selected) and the “Trip Cancellation” fee.
We have decided to be as flexible as possible and to offer reimbursement for all trips purchased between 8 September and 31 March 2021, which cannot be taken due to one of the following reasons:
the implementation of a law that prevents movement between regions (valid for travel in Italy).
when there is an obligation to quarantine upon arrival at your destination (valid for travel in Italy).
the implementation of a law that prevents the expatriation of Italian citizens (exclusively but not limited to, the imposition of a "lockdown" by the government).
the implementation of a law in the destination country that prevents entry by those arriving from Italy.
when there is an obligation to quarantine both upon arrival at your destination and/or upon your return to Italy.
The "Carefree booking" option is not retroactive and will be valid only for those package holidays purchased between the dates indicated above in this article. If a traveller makes a reservation using a WeRoad gift card, coupon, or voucher (hereinafter "the instrument" or "the instruments") already in their possession and wants to avail themselves of the "Carefree booking" option, they will only be eligible for a refund of any amounts paid in addition to, and not included in, those paid using the aforementioned financial instruments. The instrument used will be returned to the traveller without any changes to the balance or its expiry date prior to the reservation being made.
CHANGES AFTER DEPARTURE
If, after departure, the organiser is unable to provide, for any reason other than one that is the fault of the traveller, any essential part of the services provided for by the contract, they must provide adequate alternative solutions to allow the planned trip to be continued, without any charge to the traveller, or must refund the latter to the extent of the difference between the services originally promised and those actually provided. In cases where there is no alternative solution, or the solution arranged by the organiser is not acceptable to the traveller for valid and justifiable reasons, the organiser will provide, without applying any surcharges, a means of transport equivalent to the original one to return the holidaymakers to their point of departure or to another location formerly agreed upon, compatible with the availability of such means and locations, and they will refund the difference between the cost of the services promised and the cost of services provided, up to the date of the planned return.
SUBSTITUTIONS AND MODIFICATIONS
12.1 The traveller can nominate another person as substitute as long as:
the organiser is informed in writing at least four working days before the date set for departure, including the reasons for the replacement and the details of the transferee.
the transferee satisfies all the conditions for the use of the service (pursuant to Art. 39 of the Tourism Code) and, in particular, has all the necessary documents including passport, visas, and health certificates.
the same services, or other substitute services, can be provided following the substitution.
the substitute reimburses the organiser for all additional expenses incurred, for an amount that will be decided before the substitution.
The assignor and the assignee shall also be jointly and severally liable for payment of the balance of the amount due and the amounts referred to in section(c) of this article. It should be understood that, in accordance with Art. 944 of the Codice della Navigazione (Italian Navigation Code), substitution can only take place with the permission of the carrier.
12.2 The traveller who requests modifications to part of the program that has already been confirmed, provided that the request does not constitute contractual novation and provided that the modification is possible, will pay the Tour Operator a fixed flat rate, in addition to the costs resulting from the modification itself.
During the negotiations and before the contract is concluded, Italian citizens will be supplied with all the general information in writing about any health requirements and the documentation required for travelling abroad, current at the date on which the brochure was printed.
Please consult the Polizia di Stato (State Police) website, for rules regarding the expatriation of minors. Minors must be in possession of a valid travel document, a passport or, for EU countries, an identity card that is valid for expatriation. With regard to the expatriation of children under the age of 14 and the expatriation of minors for whom an authorisation issued by the judicial authority is required, the rules published on the Polizia di Stato (State Police) website at http://www.poliziadistato.it/articolo/191/ must be followed.
Foreign citizens will be able to get the relevant information from their diplomatic representatives in Italy or through their official government channels.
Before departure, travellers must check with the competent authorities for updates (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs on the website www.viaggiaresicuri.it, or the Operation Centre at +39 06491115) and shall comply with these requirements before the departure. If the traveller does not carry out any checks, the travel intermediary or the organiser can accept no responsibility for one or more of the travellers missing the departure.
When booking the package holiday or service, travellers must inform the travel intermediary and the organiser of their citizenship and, at the time of departure, they must check that they have all the vaccination certificates, passports, and other valid documentation required for the countries on their itinerary, as well as any residence visas, transit visas, or health certificates which may be required.
Moreover, in order to accurately evaluate the socio-political situation, health situation, and other useful information concerning the destination countries and, therefore, the objective availability of the services purchased or those to be purchased, the traveller must refer to the official information provided by the Ministry of Foreign Affairs, which can be found on the Italian Ministry of Foreign Affairs website, www.viaggiaresicuri.it. This information is not available in the tour operator's online or hardcopy brochures, which contain general information as required by Art. 38 of the Tourism Code and cannot contain information that changes frequently. Accordingly, this must be accepted by all travellers.
If, at the time of booking, the destination is subject to a “travel warning” for security reasons, issued through the official government channels, the traveller who subsequently exercises their right of cancellation shall not be able to invoke, for the purposes of exempting or reducing the request for compensation for the cancellation, the removal of the contractual cause related to the security conditions of the country concerned.
Travellers will also have to comply with the rules of due care and diligence and with the specific regulations in force in their destination countries, and to all the guidelines provided by the organiser, as well as to all the regulations and administrative or legislative provisions relating to the package holiday. Travellers will be liable for all damages, including the cost of their repatriation, suffered by the organiser and/or the travel intermediary as a consequence of any failure to comply with the above-mentioned obligations.
The client must provide the organiser with all the documents and information in their possession relevant to the exercise of their right of subrogation against third parties responsible for the damages and is responsible to the organiser for any prejudice caused to their right of subrogation.
The traveller will also give written notice to the organiser, at the time of booking of the package holiday and before confirming the booking, and before the organiser's confirmation of the services being offered, of any personal requests which may be subject to specific agreements regarding travel arrangements, provided that it is possible to implement them. Such requests will be subject to a specific agreement between the traveller and the organiser.
The official hotel classification is provided in the brochure, or in other promotional material, based only on express and formal information provided by the competent authorities in the country in which the service is being provided. In the absence of official classifications recognised by the competent public authorities of the EU member countries to which the service refers, or in the case of locations marketed as a "Holiday Village", the organiser reserves the right to provide their own description of the facility, in sufficient detail to make it possible for the traveller to evaluate the destination before acceptance.
SCOPE OF LIABILITY
The organiser is liable for damages incurred by the traveller due to total or partial non-fulfilment of the contracted services, whether they are provided directly by them or by third party service providers, unless it can be proven that the incident was the fault of the traveller (including initiatives taken independently by the traveller during the trip) or was caused by the action of a third party which led to an incident of an unforeseeable or inevitable nature, by circumstances unrelated to the provision of the services provided in the contract, by force majeure, or as a consequence of circumstances that the organiser could not reasonably have been expected to foresee or resolve, in the execution of their professional diligence. The travel intermediary with whom the package holiday was booked is not liable, under any circumstances, for any obligations relating to the organisation and execution of the trip, but is solely responsible for obligations arising from their role as travel intermediary and solely within the limits set for this liability in accordance with the regulations in force, including the guarantee requirements pursuant to Art. 50 and without prejudice to exemptions pursuant to Art. 46 of the Tourism Code.
The compensation referred to in Art. 44, 45, and 47 of the Tourism Code and the applicable limitation periods are governed by the provisions of the Code and the limits set by the international conventions governing the services covered by the package, as well as by Art. 1783 and 1784 of the Italian Civil Code, with the exception of personal injury, which is not subject to a fixed limit.
OBLIGATION TO ASSIST
The organiser must provide the traveller with assistance to the extent required by the criteria of professional diligence, and with exclusive reference to the obligations they are responsible for under law or by contract, without prejudice to the right to compensation for damages in the event that the failed or improper execution of the contract is attributable to the traveller. The organiser and the travel intermediary shall be exonerated from their respective responsibilities (Art. 15 and 16 of these General Conditions), if the failed or improper execution of the contract is attributable to the traveller or is the result of an unforeseeable or unavoidable action by a third party or was caused by an unforeseeable event or force majeure.
COMPLAINTS AND CLAIMS
The traveller must report any failure in the execution of the terms of the contract as soon as possible during the holiday, so that the organiser, their local representative or guide have an opportunity to remedy the fault. If no notice is given, the compensation awarded may be reduced or denied, pursuant to Art. 1227 of the Italian Civil Code. Without prejudice to the above obligation, the traveller can also submit a complaint by registered letter, with acknowledgment of receipt, to the organiser or travel intermediary, no later than ten working days from the date of return to the place of departure.
INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is recommended to suggest, when booking at the organiser's or travel intermediary's office, an insurance policy that will cover any expenses arising from cancellation of the package, or as a result of injury or illness, and which also covers the expenses of repatriation and loss or damage to luggage. The traveller will exercise their rights inherent in these contracts exclusively in respect of the insurance companies stipulated, in accordance with the conditions and in the manner provided by these policies, as set out in the policy terms & conditions published in the brochures or in the leaflets available to travellers at the point of departure.
ALTERNATIVE DISPUTE RESOLUTION
Information pursuant to and for the purposes of Art. 67 of the Tourism Code. The organiser may offer the traveller alternative solutions for resolving disputes that may arise, in the brochure, their documentation, on their website, or in other forms. The organiser will state the type of alternative solutions available and the impact they might have if accepted.
Given that the brochures that provide all the information about the services on offer are printed well in advance, schedules and the flights listed when the booking is finalised may be subject to change and subsequent confirmation. For that reason, the traveller must ask the Travel Agency for confirmation of the services before departure. The Organiser will inform passengers about the identity of the actual carrier within the time limits and in the manner provided for by Art.11 of the Reg. CE 2111/2005. (referred to in Article 5).
During the trip, use will be made of photos and videos of the traveller (the "Images"), to allow them to enjoy greater participation in the trip, and for advertising purposes. By purchasing the package holiday, the traveller agrees to relinquish all relevant and necessary rights to the Images, in accordance with the provisions of the Terms and Conditions, which form an integral part of this Agreement.
INFORMATION re ART. 13 DLGS 196/2003 and subsequent amendments and Art. 13 of EU Regulation 679/2016 (the "GDPR")
The processing of personal data necessary for the conclusion and execution of the contract, is carried out in full compliance with Legislative Decree 196/2003 and the GDPR and its subsequent amendments, in hardcopy and digital form. The traveller may at any time exercise their rights pursuant to Art. 7 DLGS 196/2003 and the GDPR by contacting the data controller: WeRoad Srl; viale Cassala 30, 20143 Milan, VAT number: 10380820968; legal representative: Paolo De Nadai; [email protected]
MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW 38/2006.
"Italian law punishes crimes involving prostitution and juvenile pornography with a prison sentence, even if committed abroad."