GENERAL CONDITIONS CONTRACT FOR THE SALE OF TOURIST PACKAGES
CONTENT OF THE TOURIST PACKAGE SALES CONTRACT
In addition to the following general conditions, the description of the tourist package contained in the catalogue, or in the separate travel program, as well as the booking confirmation of the services requested by the traveller constitute an integral part of the travel contract. It is sent by the tour operator to the traveller or travel agency, as the traveller’s agent and the latter will have the right to receive it from the same. When signing the tourist package purchase and sale proposal, the traveller must keep in mind that it takes for read and accepted, for himself and for the subjects for whom he requests the all-inclusive service, both the tourist package contract as regulated therein, both the warnings contained therein and these general conditions.
1. LEGISLATIVE SOURCES
The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed by the Tourism Code, specifically by articles 32 to 51-novies as amended by Legislative Decree 21 May 2018 n.62, transposing and implementing EU Directive 2015/2302 as well as by the provisions of the Civil Code regarding transport and mandate, as applicable.
2. ADMINISTRATIVE REGIME
The organiser and the seller of the package holiday, to whom the traveller is addressed, must be empowered to carry out their respective activities according to current legislation, including regional or municipal legislation, given their specific competence. The Organizer and the seller must disclose to third parties, before the conclusion of the contract, the details of the insurance policy to cover risks arising from professional civil liability, as well as the details of other optional or mandatory guarantee policies, to protect travelers for the coverage of events that may affect the making or execution of the holiday, such as trip cancellation, or medical expenses coverage, early return, loss of or damage to baggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organiser and, in the case of an intermediated sale, of the seller, given the receipt by the latter of the sums paid by travellers for the purpose of paying the price of the package holiday – for the purpose of returning the sums paid or returning the traveller to the place of departure where the package holiday includes the transport service.
3. DEFINITIONS
1) tourist service:
(a) the carriage of passengers;
(b) accommodation provided it is not intrinsically part of passenger transport and provided it is not intended for residential purposes, or relating to long-term language courses;
(c) the rental of cars, other motor vehicles within the meaning of point (11) of Article 3 of Directive 2007/46/EC of the European Parliament and of the Council or of motorcycles requiring a category A driving licence;
(d) any other tourist service not inherently forming part of a tourist service within the meaning of points (a), (b) or (c);
(2) package: the combination of at least two different types of tourist services referred to in point (1), for the purposes of the same journey or the same holiday, under the conditions indicated in Article 4 below;
3) package travel contract: the contract relating to all tourist services included in the package;
4) start of the package: the start of the execution of the tourism services included in the package;
5) professional: any public or private natural or legal person who, in the course of his commercial, industrial, craft or professional activity in organized tourism contracts acts, including through another person acting in his name or on his behalf, as an organizer, salesperson, professional facilitating linked tourism services or as a provider of tourism services, in accordance with the legislation referred to in the Tourism Code;
6) organiser: a professional who combines packages and sells or offers them for sale directly or through or jointly with another professional, or the professional who transmits the data relating to the traveller to another professional;
7) seller: the trader, other than the organiser, who sells or offers for sale combined packages from an organiser; (d) traveller, any person who intends to conclude a contract, or enters into a contract or is authorized to travel under a concluded contract, within the scope of the Organized Tourism Contracts Act;
8) establishment: the establishment defined by Article 8 (e) of Legislative Decree No 59 of 26 March 2010;
9) durable medium: any instrument which enables the traveller or professional to retain the information addressed to him personally so that he can access it in the future for a period of time appropriate to the purposes for which it is intended and which allows the information stored to be reproduced identically;
10) unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation and the consequences of which would not have been avoided even by taking all reasonable measures;
11) lack of conformity: a failure to fulfil the tourist services included in a package;
12) point of sale: any premises, whether mobile or immovable, engaged in retailing or retail website or similar online sales tool, including where retail websites or online sales tools are presented to travellers as a single tool, including telephone service;
13) return: the return of the traveller to the place of departure or to another place agreed by the contracting parties;
14) traveller: any person who intends to conclude a contract, or enters into a contract or is authorized to travel under a concluded contract, within the scope of the Organized Tourism Contracts Act.
4. NOTION OF TOURIST PACKAGE
The concept of a package holiday is as follows: the combination of at least two different types of tourist services referred to in point (1) of Article 3 above, for the purposes of the same journey or holiday, if:
(a) such services are combined by a single professional, including at the traveller’s request or in accordance with a selection thereof, before a single contract is concluded for all services; or
(b) irrespective of whether separate contracts are concluded with individual tourism service providers, such services shall be:
(i) purchased at a single point of sale and these services were selected before the traveller consents to payment;
(II) offered, sold, or invoiced at a flat rate or global price;
III) advertised or sold under the name «package» or similar name;
(IV) combined after the conclusion of a contract whereby the trader authorizes the traveller to choose between a selection of different types of tourist services;
(V) purchased from separate professionals through linked processes of reservation by electronic means where the name of the traveller, the payment details and the 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 or the latter professionals is concluded no later than 24 hours after confirmation of the booking of the first tourist service.
A combination of tourist services where no more than one of the types of tourist services referred to in point (1) of Article 3 (a), (b) or (c) are combined with one or more of the tourist services referred to in point (1) of Article 3 (d) shall not be a package if the latter services:
(a) do not represent a part equal to or greater than 25% of the value of the combination and are not advertised, nor do they otherwise represent an essential element of the combination; or
(b) shall be selected and purchased only after the start of the operation of a tourist service referred to in point (1) of Article 3 (a), (b) or (c).
5. CONTENT OF THE TOURIST PACKAGE CONTRACT – PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED
1. At the time of conclusion of the tourist package sales contract or, in any case, as soon as possible, the organizer or seller provides the traveler with a copy or confirmation of the services referred to in the contract on a durable medium (e-mail) containing the booking confirmation of the services and\or account statement.
2. The traveler has the right to a paper copy of the booking confirmation and\or account statement if the tourist package sales contract was stipulated in the simultaneous physical presence of the parties.
3. With regard to contracts negotiated away from business premises, defined in Article 45 (1) (h) of Legislative Decree No 206 of 6 September 2005, a copy or confirmation of the package travel sales contract shall be provided to the traveller on paper or, if the traveller consents, on another durable medium.
4. The contract constitutes the right to access the guarantee fund referred to in the following art. 22.
5. The standard information form, as required by Legislative Decree no. 62 of 21 May 2018, is available on the www.globest.it website.
6. INFORMATION TO THE TRAVELER – TECHNICAL DATA SHEET
1. Before the conclusion of the package travel contract or a corresponding offer, the organiser and the seller shall provide the traveller with the relevant standard information form set out in Annex A, Part I or Part II, of the Tourism Code, as well as the following information:
(a) the main features of tourist services, such as
(1) the travel destination (s), itinerary and periods of stay with their dates and, if accommodation is included, the number of nights included;
(2) the means, characteristics and categories of transport, places, dates and times of departure and return, duration and intermediate stopping place and connections; in the event that the exact time is not yet established or known, the organiser and, where appropriate, the seller shall inform the traveller of the approximate time of departure and return;
(3) location, main features and, where applicable, the tourist category of accommodation under the regulations of the country of destination;
4) meals provided whether or not included;
5) visits, excursions or other services included in the agreed total price of the package;
6) the 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 journey or holiday is suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the journey or holiday which takes account of the needs of the traveller. Special requests on the methods of providing and\or performing certain services forming part of the tourist package, including the need for help at the airport for people with reduced mobility, the request for special meals on board or in the place of stay, must be made at the time of the booking request and be the subject of a specific agreement between the traveller and the Organiser, where appropriate also through the intermediary of the traveller’s mandated travel agency;
(b) the trade name and geographical address of the organiser and, where there is one, of the seller, their telephone numbers and e-mail addresses;
(c) the total price including the tourist services making up the package, insurance and\or financial services, taxes and all fees, duties and other additional costs, such as administrative and case management fees. Where some costs are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs the traveler may still have to bear.
(d) the methods of payment, including any amount or percentage of the price to be paid as a deposit and the timetable for the payment of the balance, or the financial guarantees which the traveller is required to pay or provide;
(e) the minimum number of persons required for the package and the time limit referred to in Article 41 (5) (a) of the Tourism Code, before the start of the package for the possible termination of the contract in case of failure to reach the number;
(f) information of a general nature concerning the conditions governing passports and\or visas, including the approximate timescales for obtaining visas, and the health formalities of the country of destination;
(g) information on the option for the traveller to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs, or, if the standard withdrawal costs required by the organiser pursuant to Article 41 (l) of Legislative Decree 79/2011 and specified in the following art. 10;
(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 damage to or loss of baggage during transport and\or assistance to the person, including repatriation, in the event of injury, illness or death;
(i) the details of the coverage referred to in Article 47 (l), (2) and (3) of the Legislative Decree. 79/2011.
2. Furthermore, before the start of the journey, the organizer and the seller communicate to the traveler information on the identity of the operating air carrier, unless known at the time of booking, in accordance with the provisions of art. 11 Reg. Ec 2111\05 (Art. 11 (2) Reg. Ce 2111/05: “If the identity of the actual air carrier or actual air carriers is not yet known at the time of booking, the air transport contractor shall ensure that the passenger is informed of the name of the carrier or air carriers that will operate as actual air carriers for the flight or flights concerned. In such a case, the air transport contractor shall ensure that the passenger is informed of the identity of the actual air carrier or carriers as soon as their identity has been established and their possible operating ban in the European Union ”).
TECHNICAL DATA SHEET
Technical organization: GLOBEST Srls
Sicily Region License n.178/S9 TUR dated 25/02/2014
REA CCIAA PA-433345
Europ Assistance RC Insurance Policy n. 4791868.
Il Salvagente Guarantee Fund No 2024/1-0933
Website www.globest.it
Email info@globest.it
8. PRICE OF THE TOURIST PACKAGE
The price of the tourist package is determined in the contract, with reference – where present – to what is indicated in the catalogue, or out-of-catalogue program and to any updates to the same catalogs or out-of-catalogue programs that subsequently occurred, or on the Operator’s website.
It may be varied, increasing or decreasing, only as a consequence of variations in:
– transportation costs, including fuel costs; – charges and taxes relating to air transport, landing, disembarkation or embarkation charges at ports and airports;
– exchange rates applied to the package in question.
For such variations, reference will be made to the exchange rate and prices in force up to – at most – 21 days before departure, compared to those indicated in the technical data sheet of the catalogue, or indicated in any updates to the technical data sheet published on the websites.
In any case, the price cannot be modified in the 20 days preceding departure and the revision cannot exceed 8% of the price in its original amount.
In the event of a price decrease, the organizer has the right to deduct the administrative and management costs of the actual procedures from the reimbursement due to the traveller, of which he is required to provide proof upon request of the traveller.
The price consists of:
(a) any registration fee or practical management fee;
(b) participation fee: expressed in the catalogue or in the package quotation supplied to the seller or traveller in the case of direct sales;
(c) cost of EUROP ASSISTANCE insurance policy against the risks of cancellation and/or medical expenses or other services required;
(d) any costs for visas and entry and exit fees from the countries of the holiday destination;
(e) any costs for airport and/or port charges and taxes;
(f) any administrative costs of review/practical variation.
9. MODIFICATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
1. The Tour Operator reserves the right to unilaterally modify the conditions of the contract, other than the price, where the modification is of little importance. Communication is carried out clearly and precisely through a durable medium, such as e-mail. In case of urgency, communication can also be made verbally.
2. If before departure the organiser needs to change significantly one or more of the main features of the tourist services referred to in Article 34 (1) (a) or cannot meet the specific requests formulated by the traveller and already accepted by the Organiser, or proposes to increase the price of the package by more than ’8%, the traveler can accept the proposed change or withdraw from the contract without paying withdrawal costs.
3. If the traveler does not accept the proposed modification referred to in paragraph 2, by exercising the right of withdrawal, the organizer may offer the traveler a replacement package of equivalent or higher quality.
4. The organiser shall inform the traveller by mail, without undue delay, clearly and precisely of the proposed changes referred to in paragraph 2 and their impact on the price of the package in accordance with paragraph 6. In case of urgency, communication can also be made verbally.
5. The traveller shall notify the organiser or intermediary of his choice within two working days of receiving the notice specified in paragraph 1. In the absence of communication within the aforementioned deadline, the proposal formulated by the organizer is considered accepted. In case of urgency, the traveler’s response must be submitted within adequate deadlines.
6. If the amendments to the package travel sales 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 travel sales contract pursuant to paragraph 2, and if the traveler does not accept a replacement package, the organizer refunds without unjustified delay and in any case within 14 days of withdrawal from the contract all payments made by or on behalf of the traveler and is entitled to be compensated for failure to execute the contract, except in the cases indicated below:
a. There is no compensation resulting from 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 be required (minimum 10 people);
b. There is no compensation arising from the cancellation of the package travel when the organiser proves that the lack of conformity is attributable due to force majeure and unforeseeable circumstances.
c. There is also no compensation arising from the cancellation of the package holiday when the organiser demonstrates that the lack of conformity is attributable to the traveller or to a third party unrelated to the provision of tourist services included in the package holiday 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 (a), (b) and (c), the cancelling organiser shall return to the traveller a sum equal to twice the amount paid by him and actually collected by the organiser, through the travel agent.
9. The sum covered by the refund referred to in paragraph 8 shall never exceed twice the amounts for which the traveller would be liable on the same date in accordance with the provisions of Article 10 (3° paragraph if he were to cancel.
10. WITHDRAWAL:
(A) OF THE TRAVELLER
1. Outside the cases provided for in the previous article, the traveller can also withdraw from the contract without paying penalties in the following cases:
(a) price increase to an extent exceeding ’8%; significant modification of one or more elements of the contract objectively configurable as fundamental for the purposes of using the tourist package considered as a whole (with the exclusion of the modification of only one part of the entire itinerary) and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the traveller; inability to meet the specific demands formulated by the traveller and already accepted by the organiser.
In the above cases, the traveller may either: accept the alternative proposal where formulated by the organiser or request the refund of sums already paid. This restitution must be made within the legal period indicated in the previous article.
(b) In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package (with the exclusion by way of example: of the curfew imposed by the Local Authorities during night hours), or on passenger transport to the destination, the traveller has the right to withdraw from the contract, before the start of the package, without paying withdrawal costs, and to a full refund of payments made for the package, but is not entitled to supplementary compensation. To this end, it is further specified that the following are not considered inevitable and extraordinary circumstances: the possible obligation to wear a mask outdoors; the obligation to carry out Covid-19 tests to access museums or restaurants; the obligation to maintain the relevant distancing etc.
2. Apart from the cases listed in the first paragraph, a traveller who withdraws from the contract before departure for any reason, even unforeseen and oncoming, or those provided for in Article 9 (2), shall be charged – irrespective of the payment of the advance payment referred to in Article.7 paragraph 1 – the individual cost of practical management and any consideration for insurance coverage already requested at the time of conclusion of the contract or for other services already rendered, the penalty to the extent indicated below, except for any more restrictive conditions – linked to periods of high season or full occupancy of the facilities – which will be communicated to the traveler during the estimate phase and therefore before the conclusion of the contract:
• Withdrawal up to 30 days [*] before departure 10%
• Withdrawal from 29 to 21 [*] days before departure 20%
• Withdrawal from 20 to 07 [*] days before departure 50%
• Withdrawal from 06 to 00 [*] days before departure 100%
* working days (Saturday, public holidays, cancellation communication day and tour departure day are excluded when calculating days)
Maximum insured capital
The maximum insured capital for the cancellation guarantee is € per person and € per case.
3. The cancellation must be received in writing. For all combinations, no refund will be granted to those who do not show up for departure or give up during the course of the trip, as well as no refund will be given to those who cannot make the trip due to the lack or inaccuracy of the personal documents required for expatriation. The renouncing participant may be replaced by another person provided that the communication is received in time for the changes, in any case at least 7 days before departure and provided that no document reasons, problems relating to hotel accommodation and/or airline ticket office. 4. The non-attributability to the traveler of the subjective circumstance that prevents him from taking advantage of the holiday (for example: illness, revocation of holidays, loss of job, etc.) does not legitimize the withdrawal without penalties, provided for by law only for objective circumstances found at the destination location of the holiday referred to in paragraph 2 or for the hypotheses referred to in paragraph 1. The economic consequences resulting from the cancellation of the contract due to circumstances falling within the personal sphere of the traveller, even if not attributable, can be avoided by taking out a specific insurance policy, where not provided for in a mandatory form by the organiser.
(B) OF THE ORGANIZER
5. The organiser may withdraw from the package travel contract and offer the traveller a full refund of the payments made for the package, but is not required to pay supplementary compensation if:
– the number of persons registered for the package is less than the minimum laid down in the contract and the organiser notifies the traveller of the withdrawal from the contract within the time limit set in the contract and in any case no later than twenty days before the start of the package in the case of journeys lasting more than six days, of seven days before the start of the package in the case of journeys lasting between two and six days, of forty-eight hours before the start of the package in the case of journeys lasting less than two days;
– the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the traveller of withdrawal therefrom without undue delay before the start of the package.
6. The organiser shall proceed with all refunds prescribed in accordance with the preceding paragraphs without undue delay and in any event within 14 days of withdrawal. In the cases referred to in Article 41 (4) and (5) of the Code. Tur. determines the termination of functionally linked contracts stipulated with third parties.
7. In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the package travel contract within a period of five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information if later, without penalties and without providing any reason. In cases of offers with significantly reduced rates compared to competing offers, the right of withdrawal is excluded. In that latter case, the organiser documents the price change by adequately highlighting the exclusion of the right of withdrawal.
8. In the event of the conclusion of a distance contract, as defined in Article 45 paragraph 1 (g) of the Consumer Code, the right of withdrawal pursuant to Article 47 paragraph 1 (g) of the Consumer Code is excluded.
11. LIABILITY’ OF THE ORGANIZER FOR INACCURATE EXECUTION AND SUPERVENING IMPOSSIBILITY’ IN PROGRESS – OBLIGATIONS OF THE TRAVELER – TIMELINESS’ OF THE DISPUTE
1. The organizer is responsible for the execution of the tourist services provided for in the tourist package sales contract, regardless of the fact that such tourist services must be provided by the organizer himself, by his auxiliaries or supervisors when acting in the exercise of their functions, by third parties whose work he uses or by other suppliers of tourist services pursuant to article 1228 of the Civil Code.
2. The traveller, in compliance with the obligations of correctness and good faith referred to in articles 1175 and 1375 of the Civil Code, informs the organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any defects of conformity detected during the execution of a tourist service provided for by the tourist package sales contract.
3. If one of the tourist services is not carried out as agreed in the tourist package sales contract, the organizer remedies the lack of conformity, unless this is impossible or excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the organiser does not remedy the defect, the traveller is entitled to the price reduction as well as compensation for the damage he 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 unrelated to 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 above exceptions, if the organiser fails to remedy the lack of conformity within a reasonable period fixed by the traveller with the objection made pursuant to paragraph 2, he may remedy the defect himself and claim reimbursement of the necessary, reasonable and documented expenses; if the organizer refuses to remedy the lack of conformity or if it is necessary to start it immediately, the traveler does not need to specify a deadline.
5. If a lack of conformity constitutes a non-compliance of no small importance and the organizer has not remedied it with the timely dispute made by the traveler, in relation to the duration and characteristics of the package, the traveler can terminate the contract with immediate effect, or request –if applicable – a reduction in price, without prejudice to any compensation for damages.
6. If due to supervening circumstances not attributable to the organizer it is impossible to provide, during execution, a substantial part, in terms of value or quality, of the combination of tourist services agreed in the tourist package contract, the organizer offers, without additional price to be paid by the traveller, adequate alternative solutions of quality, where possible equivalent or superior, compared to those specified in the contract, so that the execution of the package can continue, including the possibility that the traveler’s return to the place of departure is not provided as agreed. If the proposed alternative solutions involve a lower quality package than that specified in the package travel contract, the organizer grants the traveler an adequate price reduction. In case of non-fulfilment of the offer obligation within the indicated deadlines, paragraph 5 applies.
7. The traveller may reject the alternative solutions proposed only if they are not comparable as agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or the solution prepared by the organizer is rejected by the traveler because it is not comparable to what was agreed in the contract or because the price reduction granted is inadequate, the organizer will provide, without additional price, a means of transport equivalent to the original one envisaged for the return to the place of departure or to any different agreed place, compatibly with the availability of vehicles and seats, and it will reimburse it to the extent of the difference between the cost of the expected services and that of the services carried out up to the time of early return.
12. SUBSTITUTIONS AND PRACTICAL VARIATION
1. The traveler, subject to prior notice given to the organizer on a durable medium no later than seven days before the start of the package, can transfer the tourist package sales contract to a person who satisfies all the conditions for using the service.
2. The transferor and the transferee of the package travel sales 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 case management costs resulting from such transfer.
3. The organizer informs the transferor of the actual costs of the transfer, which do not exceed the expenses actually incurred by the organizer as a result of the transfer of the package travel sales contract and provides the transferor with proof relating to the rights, taxes or other costs additional resulting from the assignment of the contract. In the case of a travel contract with air transport for which a concessionary and/or non-refundable fare ticket office has been issued, the transfer could involve the issuing of a new airline ticket office with the fare available on the date of the transfer itself.
13. OBLIGATIONS OF TRAVELLERS
Without prejudice to the obligation to promptly notify a lack of conformity, as provided for in Article 11 (2), travellers must comply with the following obligations:
1. For the rules relating to the expatriation of minors, please refer expressly to what is indicated on the website of the State Police. However, it should be noted that minors must be in possession of a personal document valid for travel abroad or a passport or, for EU countries, also an identity card valid for travel abroad. With regard to the exit from the country of children under the age of 14 and for those for whom the Authorization issued by the Judicial Authority is required, the requirements indicated on the website of the State Police http://www.poliziadistato.it/articolo/191/. must be followed
2. Foreign citizens must find the corresponding information through their diplomatic representations present in Italy and/or their respective official government information channels. In any case, all travellers, Italian and foreign, will, before departure, check that they have been updated by the competent authorities (for Italian citizens the local Police Headquarters or the Ministry of Foreign Affairs via the www.viaggiaresicuri.it website or the Telephone Operations Center at number 06.491115) adapting to it before the trip. In the absence of such verification, no responsibility for the non-departure of one or more travellers may be attributed to the intermediary or organiser.
3. Travellers must in all cases inform the intermediary and the organiser of their citizenship when requesting to book the tourist package or tourist service and, upon departure, they must definitively ensure that they have the vaccination certificates, required by the laws and regulations in force, of the individual passport and any other document valid for all the countries touched by the itinerary, as well as the residence visas, transit and health certificates that may be required.
4. Furthermore, in order to evaluate the socio/political, health, climate and environmental security situation and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveler will have the burden of assume official information of a general nature at the Ministry of Foreign Affairs, and disclosed through the institutional website of the Farnesina www.viaggiaresicuri.it
The above information is not contained in the TO catalogues – on line or on paper – since they contain descriptive information of a general nature as indicated in Art.34 of the Tourism Code and not temporally changing information. The same, therefore, must be taken care of by travellers. Travelers are also invited to register on the site http://www.dovesiamonelmondo.it. The portal “wheremonelmondo.it” allows travelers to report their itinerary and references. In the event of an emergency, the Crisis Unit will be able to activate the contacts registered on the portal, making coordination with those in the affected areas quicker, more targeted and more effective, and plan any interventions appropriately.
5. Where on the date of booking the chosen destination appears, from institutional information channels, to be a location subject to “warning” for security reasons, the traveller who subsequently has to exercise the withdrawal will not be able to invoke, for the purposes of exemption from the reduction of the claim for compensation for the withdrawal made, the disappearance of the contractual cause connected with the security conditions of the country.
6. Travellers 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 intended, with all the information provided to them by the organiser, and with the regulations, administrative or legislative provisions relating to the package holiday as well as with the rules of diligence and good conduct within accommodation facilities. Failure to comply with them, at the sole discretion of the Hotel Management, may result in the violator being removed from the structure and, where deemed appropriate, any report to the competent Public Authorities. It is also made known that situations of pathologies or even slight alterations in the traveller’s mental state – if not previously reported and accepted in writing by the Tour Operator – constitute suitable circumstances to determine the removal from the receptive structure where the stay of the guest is incompatible with the observance of the rules of conduct within the receptive structure. Travelers will be held liable for all damages that the organizer and/or intermediary may suffer also due to failure to comply with the obligations indicated above, including the expenses necessary for their repatriation.
7. The traveller is obliged to provide the organiser with all documents, information and items in his possession that are 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 damage caused to the right of subrogation.
8. The traveller is required to inform the organiser and/or the seller in writing before the conclusion of the contract – to allow verification of the possibility of implementation – any special needs or conditions (pregnancy, food intolerances, disability, reduced mobility, etc.) by simultaneously signing the form for consent to the processing of particular data provided by the organiser. The particular personal requests must be the subject of specific agreements between the traveller and the organiser resulting from a written agreement (see Article 6 (1° (h)), where appropriate also through the mandated travel agency. In the absence of this request and the related consent it will not be possible to comply with contractual obligations. Special requests made after the conclusion of the contract do not bind the organizer to their implementation, as the contract has already been finalized as indicated in the account statement/reservation confirmation of the services.
9. The traveler must indicate his personal contacts (email and/or mobile number) when requesting the conclusion of the tourist package contract, taking care to verify the correctness of the data even if transmitted to the organizer through the seller, where the sale is intermediated, in order to allow the organizer to fulfill the assistance obligations referred to in the following art. 18, as well as to make communications relating to changes that may occur during the execution of the holiday or to follow up on requests from travelers on any lack of conformity found. In the absence or inaccurate indication of such contacts, the organizer cannot be held responsible for the delayed or non-intervention. The personal data communicated will be deleted upon return from the trip.
14. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog 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 recognized by the competent Public Authorities of the countries to which the service refers, or in the case of structures marketed such as “Villaggio Turistico” the organizer reserves the right to provide in the catalog or in the brochure its own description of the accommodation structure, such as to allow an evaluation and consequent acceptance of the same by the traveller.
15. LIABILITY REGIME
The organiser is liable for damage caused to the traveller as a result of total or partial non-performance of the services contractually due, whether these are performed by him personally or by third party service providers, unless it proves that the event resulted from the fact of the traveller (including initiatives independently taken by the latter in the course of the execution of tourist services) or from the fact of a third party of an unforeseeable or unavoidable nature, from circumstances unrelated to the provision of the services provided for in the contract, from unforeseeable circumstances, from force majeure, or from circumstances that the organizer himself could not, according to professional diligence, reasonably predict or resolve. The seller with whom the booking of the tourist package was made is not liable for the obligations relating to the organization and execution of the trip, but is responsible exclusively for the obligations arising from his capacity as intermediary and for the execution of the mandate given to him by the traveller, as specifically provided for in Article 50 of the Tourism Code including the guarantee obligations referred to in Article. 47.
16. LIMITS OF COMPENSATION AND LIMITATION PERIOD
The compensation payments referred to in Articles 43 and 46 of the Code. Tur. and related limitation periods, are governed by what is provided for therein and in any case within the limits established by the International Conventions governing the services that are the subject of the tourist package, without prejudice to the fact that compensation or price reduction granted pursuant to the articles mentioned and compensation or price reduction granted under international regulations and conventions are deducted from each other. Personal damage is not subject to the set limit.
a. The right to price reduction or compensation for damages for changes to the tourist package sales contract or replacement package expires in two years from the date of the traveler’s return to the place of departure.
b. The right to compensation for personal injury and damage from ruined holidays expires three years from the date of the traveler’s return to the place of departure or in the longer period provided for compensation for personal injury by the provisions regulating the services included in the package.
17. POSSIBILITY’ TO CONTACT THE ORGANISER THROUGH THE SELLER
1. The traveller may direct messages, requests or complaints relating to the execution of the package directly to the seller through whom he purchased it, who, in turn, forwards them promptly to the organizer.
2. For the purposes of complying with the limitation periods or periods, the date on which the seller receives messages, requests or complaints referred to in the previous paragraph is considered the date of receipt also for the organizer.
18. ASSISTANCE OBLIGATION
The organiser shall also provide appropriate assistance without delay to the traveller in difficulty in the circumstances referred to in Article 42 (7), in particular by providing the appropriate information with regard to health services, local authorities and consular assistance and by assisting the traveller in carrying out remote communications and helping him to find alternate tourist services.
2. The organizer may demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveler or through his fault, within the limits of the expenses actually incurred.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
Unless expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking at the offices of the organizer or seller against expenses resulting from cancellation of the package, accidents and/or illnesses which also cover the costs of repatriation and for loss and/or damage to baggage.
The rights arising from insurance contracts must be exercised by the traveler directly towards the stipulating insurance companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogs or displayed in the brochures made available to Travelers at the time of departure.
20. EUROP GLOBAL ASSISTANCE INSURANCE
Our trips are ensured by Europ Assistance, a commercial brand of Europ Assistance Italia SpA, which operates in Italy with headquarters in Via del Mulino, 4 – 20057 Assago (MI).
A description of the insurance offer along with pre-contractual documentation can be found inside our website www.globest.it
21. ALTERNATIVE DISPUTE RESOLUTION TOOLS
Pursuant to and for the purposes of art. 67 Cod. Tur. the organiser may propose to the traveller – on the catalogue, on the documentation, on his website or in other forms – ways of alternative resolution of disputes arising. In that case, the organizer will indicate the type of alternative resolution proposed and the effects that such membership entails.
22. GUARANTEES TO THE TRAVELER – GUARANTEE FUND TO PROTECT TRAVELLERS
Contracts for the sale of package tours are backed by suitable guarantees given by the Organiser and the Intermediary Travel Agent in the sale which, for trips abroad and trips taking place within a single country guarantee, in cases of insolvency or bankruptcy of the seller or organiser, the reimbursement of the price paid for the purchase of the package tour and the immediate return of the traveller pursuant to art. 47 Tourism Code.
The guarantee referred to in art. 47 Cod. Tur. operates exclusively with reference to the tourist package sales contract as defined by the art. 33 Cod. Tur.
All products sold by the Organiser and/or the Travel Agent that do not fall within the definition of a package holiday contained in Art. are not covered by the guarantee against the risk of insolvency or bankruptcy. 33 Cod. Tur. [such as but not limited to: individually sold and unconnected tourist services, timeshare contracts, long-term language courses, high school programmes, cultural exchanges covered by international student mobility programmes, packages and linked tourist services purchased under a general agreement for the organization of travel of a professional nature concluded between a professional and another natural or legal person acting in the course of his business activity, entrepreneurial, craft or professional, combination of not more than one of the tourist services referred to in point (1) of Article 3 (a), (b) or (c) with one or more of the tourist services referred to in point (1) of Article 3 (d), where the latter do not represent a part equal to or greater than 25% of the value of the combination and are not advertised, nor do they otherwise represent an essential element of the combination, or are they selected and purchased only after the start of the execution of a tourist service referred to in point (1) of Article 3 (a), (b) or (c)].
The identification details of the legal entity that, on behalf of the Organizer, is required to provide the guarantee are indicated in the catalog and/or on the www.globest.it website and may also be indicated in the booking confirmation of the services requested by the traveller. The methods for accessing the guarantee and the deadlines for submitting the request aimed at reimbursing the sums paid are indicated on the website of “Il SALVAGENTE sc a rl Guarantee Fund” at www.ilsalvagente.info, as the legal entity to which Globest Srls adheres. In order to avoid incurring forfeitures, it is advisable to keep in mind the deadlines indicated for submitting requests. It is understood that the lapse of the term due to impossibility of filing the petition and not to the inertia of the traveller, allows remission in the same terms. The web address of “Fondo di Garanzia IL SALVAGENTE scarl” is also shown on the sites, catalogs and documents relating to the package purchase contract.
23. OPERATIONAL CHANGES
In consideration of the advance with which the planning of travel offers published in the Tour Operators’ catalogs or sites is carried out, it is announced that the tourist services, as well as the flight times and routes indicated in the acceptance of the proposal to purchase and sell the services, may undergo variations.
It should also be noted that the type of aircraft, the booking class, as well as unscheduled stopovers and modified outbound and/or return airports may be made; scheduled departures from another Italian airport with coach transfer from one airport to another may be grouped on a single airport and chartered flights may be replaced with scheduled flights (also with any technical stopovers). In consideration of the above, the traveller must ask his agency for confirmation of services before departure. We also inform you that pregnant women are generally admitted to air transport up to the 28th° week with a certificate certifying the progress of the pregnancy, from the 29th° to the 34th° week only if they have a medical certificate (drawn up within 72 hours before the scheduled departure of the flight) certifying their suitability to undertake the air journey, beyond the 34° week they may not be accepted on board. Before booking a flight, it is advisable to consult your doctor and check that the return date does not exceed 34° weeks, as previously specified. The organizer will inform passengers about the identity of the actual carrier\i within the times and in the manner provided for by art.11 of the Reg. EC 2111/2005 (referred to in Article 6 paragraph 2).
ADDENDUM
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
(A) REGULATORY PROVISIONS
Contracts having as their object the offer of the transport service only, the stay service only, or any other separate tourist service, not being able to be configured as a negotiating case of travel organization or tourist package, do not enjoy the protections provided in favor of travelers by the European Directive 2015/2302 and the contractual conditions of the individual service provider will apply to them –unless otherwise indicated in the contract with the tour operator, as indicated on the site of the same to which reference is made.
The seller who undertakes to procure a single tourist service from third parties, even electronically, is required to issue the traveler with documents relating to this service, which show the sum paid for the service and cannot in any way be considered a travel organizer.
(B) REDUCED PRIVACY POLICY
Travelers are informed that their personal data, the provision of which is necessary to allow the conclusion and execution of the travel contract, will be processed manually and/or electronically in compliance with current legislation. Any refusal will make it impossible to complete and consequently execute the contract. The exercise of the rights provided for by current legislation –by way of example: right to request access to personal data, rectification or cancellation of the same or limitation of processing concerning him or to oppose their processing, in addition to the right to data portability; the right to lodge a complaint with a supervisory authority – may be exercised against the data controller.
For any more extensive information on data processing, please refer to the section “Privacy Policy” on the website at www.globest.it
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW N° 38/2006.
“Italian law punishes crimes involving child prostitution and pornography, even if committed abroad, with imprisonment.