GENERAL TERMS AND SALES CONDITIONS FOR ORGANIZED TOURIST PACKAGES.
The sale of tourist packages having as object services to provide in Italy or abroad, is governed – until its abrogation – art. 3 of the Legislative Decree no. 79 of May 23, 2011 (the “Tourism Code”) – by Law 27/12/1977 no.1084 for ratification and execution of the International Convention on travel contracts (CCV), signed in Brussels on 23.4.1970 – as applicable – as well as by the Italian Tourism Code (articles 32-51) and its subsequent amendments.
The organiser and the intermediary of the tourist packages, to whom the customer applies, must be enabled to perform their tasks in accordance with the applicable administrative regulations, including regional regulations. According to the art. 18, VI paragraph, of the Italian Tourism Code, the use in company name of the words “travel agency”, tourism agency”, “tour operator”, “travel mediator” or other similar words and phrases, in foreign language too, is allowed only to licensed companies referred to the 1st paragraph.
For purposes of this contract, the following terms shall have the following meanings:
The definition of tourist package is the following:
“ The tourist packages include trips, holidays and “all inclusive” packages, tourist cruises, resulting from the combination, by anyone and in anyway realized, of at least two of the following elements, sold or offered as a flat rate price:
The Tourist has the right to receive the copy of the sales contract of the tourist package (according to art.35 of the Italian Tourism Code). The contract is entitled to access to the National Guarantee Fund referred to the subsequent art.21.
The organiser is obliged to arrange a technical data sheet in the catalogue or in the programme out of the catalogue, even in electronic format or by electronic transmission. The elements required to be included in the technical data sheet of the catalogue or of the programme out of the catalogue are:
-details of the administrative authorization or, as applicable, the Commencement Notice or Certified notice of construction works commencement of the organiser;
– details of public liability insurance policy;
– validity period of the catalogue or the programme out of the catalogue;
– terms and conditions for replacement of the traveller (Art. 39 of the Tourism Code.);
– parameters and criteria for adjustment of the travel price (Art. 40 of the Tourism Code.).
The organiser shall also include any additional conditions in the technical data sheet, as well as the identity of the carrier, according to art.11 of (EC) Regulation no. 2111/2005, and regarding its possible inclusion in the so-called “black list” as per the same Regulation.
The reservation proposal must be drafted on specific contract forms, including the electronic form, filled in each part and signed by the tourist, who will receive a copy of it.
The acceptance of the reservations is considered completed, with consequent closure of contract, only when the organiser sends relative confirmation, even by means of a telematics system, to the tourist through the intermediary travel agency.
Before the departure, the organiser will provide indications related to the tourist package, not contained in the contractual documents, in the brochures or in any other means of written communication, as set forth in the art. 37, paragraph 2 of the Tourism Code.
According to art. 32, paragraph 2 of the Tourism Code, in case of distance contracts or outside the commercial premises (as defined in the articles 50 and 45 of the Legislative Decree 206/2005), the organiser reserve its right to communicate in writing form the non-existence of the right of withdrawal pursuant to articles 64 et seq. Legislative Decree 206/2005.
The deposit amounts to 25% of the total amount of the tourist package, to be paid at the time of booking or at the time of the binding request and the date in which the payment must be effected, before the departure, are included in the catalogue, brochure or in any other documents.
The price of the tourist package is determined with reference to what is stated in the catalogue or in the programme out of the catalogue and in other possible updating of the same catalogues or programmes out of the catalogue subsequently added. The price may vary up to 20 days before the departure and only due to the variations of:
– transportation costs, including fuel prices;
– rights and taxes on some typologies of tourist services, such as landing fees, embarkation or disembarkation fees at ports and airports;
– exchange rates applied to the tourist package in question.
For these variations, reference should be made to the changes in exchange rates and the costs mentioned above at the time of programme’s issue as reported in the catalogue technical sheet, or at the date shown in the eventual updating mentioned above.
Fluctuations will weigh upon the tourist package flat rate price in the percentage clearly indicated in the catalogue technical data sheet or in the programme out of the catalogue.
Before the departure, the organiser or travel agency that needs to modify significantly one or more elements of the contract will immediately notify the tourist in written form indicating the type of change and the consequent price variation.
If tourist does not accept the proposal change referred to in the previous paragraph, s/he may alternatively exercise the right to reacquire the amount already paid or to enjoy the offer of an alternative tourist package in accordance with the paragraphs 2° and 3° of the article 10.
The tourist may exercise any of the rights listed above also when the cancellation depends on the failure to achieve the minimum number of participants, as indicated in the Catalogue or in the Programme out of the catalogue or in case of cancellations caused by force majeure and unforeseeable circumstance, related to the purchased tourist package.
In case of cancellations not due to the circumstances beyond the organiser’s control, fortuitous cases, failure to achieve the minimum number of participants, or in case the tourist does not accept an alternative tourist package, the organiser, responsible for the cancellation (art. 33 lett. and Cod. Cons.), will refund tourist of twice the sum s/he had paid and the organiser received, through the travel agent.
The refunded sum will never exceed twice the amount already paid by the client in accordance with article 10, 4th paragraph, in case the client is responsible for the withdrawal.
The tourist may withdraw from the contract, without paying penalties, in the following cases:
– price increase (see art. 8) of more than 10%;
– significant modification of one or more elements of the contract objectively defined as fundamental for the use of the whole tourist package and suggested by the organiser after the closure of the same contract, but before the departure and rejected by the tourist.
In the cases listed above, the tourist has alternatively the right to:
– make use of an alternative tourist package, without additional costs or with the refund of the excess sum, in case the sum of the second tourist package is less than the first one;
– the refund of the fees already paid that must be executed within 7 business days of receipt of the refund request.
The tourist must notify his/her decision (accepting or rejecting the above-mentioned change) no later than two business days from the moment s/he received the notice of price increase or change in the terms of contract.
In the absence of such notification within such period, the proposal made by the organiser is considered accepted.
Al turista che receda dal contratto prima della partenza al di fuori delle ipotesi elencate al primo comma, o nel caso previsto dall’art. 7, comma 2, saranno addebitati – indipendentemente dal pagamento dell’acconto di cui all’art. 7 comma 1 – il costo individuale di gestione pratica, la penale nella misura indicata nella scheda tecnica del Catalogo o Programma fuori catalogo o viaggio su misura, l’eventuale corrispettivo di coperture assicurative già richieste al momento della conclusione del contratto o per altri servizi già resi.
If the tourist withdraws from the contract before the departure and is not entitled to what listed in the first paragraph, or in the case provided by art. 7, paragraph 2, the cost of the procedure, any insurance requested at the time of the closure of the contract or other services already rendered, as well as the penalty in the amount indicated in the technical data sheet of the catalogue or the programme out of the catalogue or tailor-made travels, will be charged.
In the case of organized groups, such payments will be agreed from time to time when the contract is signed.
If the organiser is not able, after the departure, to render an essential part of the services mentioned in the contract for whatever reason, excluding a problem of the tourist, will arrange alternative solutions, without additional costs at the expense of the contractor. Alternatively, the organiser will have to refund the tourist the difference between the services originally planned and the services rendered, unless damages.
If it is not possible to make such arrangements, or the solution offered by the organiser is refused by the tourist for proven and justified reasons, the organiser will provide the tourist, without additional charge, with a means of transport equivalent to that originally planned for the return to the starting point or to any other agreed place, consistent with the availability of means and places, and reimburse the difference between the cost of the planned services and the cost of the services rendered up to the time of anticipated return
The tourist who withdraws from the contract may replace himself/herself with a third person if:
The transferor and the transferee are jointly and severally liable for payment of the balance, as well as of any additional expenses resulting from the assignment, specified in the letter d) of this article.
Further modalities and substitutions terms and conditions are mentioned in the technical data sheet.
During the negotiations and, in any case, before the closure of the contract, Italian citizens are provided with written general information – updated to the date of printing of the catalogue and related to the health obligations and the documentation required to travel abroad. Foreign citizens will collect the corresponding information through their diplomatic missions in Italy and/or their official government information channels.
In any case, before the departure, the tourists will verify that this information is updated through the competent authorities (for the Italian citizens the local police headquarters or the Ministry of Foreign Affairs at www.viaggiaresicuri.it or the helpline phone number 06.491115) and they will put the information into practice before departure.
In the absence of such verification, no liability for the failure departure of one or more tourists can be attributed to the organiser or intermediary. The tourists will have to inform the organiser or intermediary of their citizenship and, upon departure, must definitively be sure to have the certificates of vaccination, the individual passport and any other type of document valid for all the Countries involved in the itinerary, as well as travel visas, transit visas and health certificates, which may be required.
In addition, in order to assess the health and security of the countries of destination and, therefore, the objective usability of the services purchased or to be purchased, the tourist will retrieve, making use of the above information, the official general information at the Ministry of Foreign Affairs that expressly indicates if the destinations are or are not subject to formal discourage.
The tourists will also have to follow the rules of prudence and diligence and those specifications in force in the countries of destination of the trip, all the information provided by the organiser or intermediary, as well as regulations, administrative or legislative provisions relating to the tourist package.
The tourists will be liable for all damages that the organiser and/or the intermediary may suffer, also because of the failure to comply with the above-mentioned obligations, including the costs necessary for their return.
The tourist must provide the organiser with all the documents, information and evidence in her/his possession relevant to the exercise the right of subrogation of the organiser against third parties who are responsible for damage. The tourist is responsible towards the organiser for prejudice to the right of subrogation.
The tourist will also communicate in writing to the organiser or the intermediary, at the time of booking, the special personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them.
The tourist is obliged to inform the organiser or intermediary of any needs or special conditions (pregnancy, food allergies, disabilities, etc.….) and to explicitly specify the request for personalized services.
The official classification of the hotels facility is provided in the catalogue or in other information material only by the express and formal request of the competent authorities of the Country also members of the EU where the service is provided. If there are no official classifications recognized by the competent authorities of the countries, also EU member countries, where the service is provided, the organiser reserves the right to provide its own description of the accommodation, so to allow the tourist to evaluate and subsequently accept it.
The organiser is responsible for damages caused to the tourist because of the total or partial failure to render the services due according to the contract, both if these are provided personally by the organiser and if they are provided by third parties, unless it can be proven that, the event was caused by customer (including actions taken by the customer during the execution of the tourist services) or by a third party in an unpredictable or unavoidable way, by circumstances extraneous to the supply of services under the contract, by accident, by force majeure, or by circumstances that the organiser could not reasonably foresee or solve with professional diligence.
The intermediary from whom the tourist package was reserved is not liable under any circumstances for the obligations arising from the travel organization, but only for the obligations arising from his/her role as intermediary and, in any case, in accordance with the rules in force concerning this liability, except for the exemption provided for in art. 46 of the Tourism Code.
The compensation stipulated in the articles 44, 45 and 47 of the Tourism Code and related provision terms,, are regulated by that regulation and, however, within the limits set by the C.C.V (travel agreements), by the International Conventions that regulate the services part of the tourist package as well as by articles 1783 and 1784 of the Civil Code.
The organiser must provide the tourist with the assistance measures required by the professional diligence, exclusively with reference to the obligations s/he is responsible for legal or contractual disposition.
The organiser and the intermediary are exempted from their responsibilities (articles 15 and 16 of these General Term and Conditions) if the failure or improper performance of the contract is due to the tourist or depends on a third party and is unforeseeable or unavoidable or is caused by accident or force majeure.
Any failure in the execution of the contract must be contested by the tourist during the use of the tourist package by timely submitting a complaint, so that the organiser, his/her local representative or guide can remedy the situation promptly Failure to present the claim can be evaluated for the purposes of art. 1227 of the Civil Code.
The tourist shall also complaint – under penalty of invalidation – by sending a registered letter with return receipt, or other means that provide proof of the receipt, to the organiser or intermediary, within and no later than ten working days from the date of return to the place of departure.
If not expressly included in the price, it is possible, or rather recommended, to stipulate, at the time of reservation, at the offices of the organiser and vendor, special insurance policies against the costs deriving from the cancellation of the tourist package, from possible accidents and events related to the luggages. It will be also possible to stipulate a service contract that covers the repatriation expenses in case of accidents, illness, unforeseeable circumstances and/or force majeure. The tourist will exercise the rights arising from these contracts exclusively towards the contractor Insurance Companies, at the conditions and modalities provided by these policies.
Pursuant to and in accordance with art. 67 of Tourism Code, the organiser may propose tourist – on the catalogue, on its own website or in other ways – an alternative solution to the arising disputes. In this case, the organiser will indicate the type of the alternative solution and the impact that this acceptance involves.
The National Guarantee Fund established to protect tourists who signed a travel contract, shall provide the following needs in case of insolvency or bankruptcy declared by the organiser or intermediary:
The Fund shall also provide immediate financial resources in case of forced return of tourists from non-European Countries on occasion of emergencies attributable or not to the conduct of the organiser.
The methods of intervention of the Fund are established with the Prime Ministerial Decree dated 23/07/99 n. 349. Claims for refund to the Fund are not subject to any expiration but the right to reimbursement is subject to a limitation period.
The organiser and intermediary shall contribute to such Fund to the extent set forth in paragraph 3 of the above-mentioned art. 51 of the Tourism Code, through the payment of the compulsory insurance premium to be stipulated, a share of which is deposited in the Fund with the methods stated in the art. 6 of the Ministerial Decree 349/99.
GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE TOURIST SERVICES
A) LEGISLATIVE PROVISIONS
The contracts having as object only the offer of the transportation and accommodation service or any other separate tourist service that cannot be considered as a travel organization or tourist package, are regulated by the following provisions of the Convention on Travel Contracts (CCV): art. 1, n. 3 and n. 6; articles from 17 to 23; articles from 24 to 31 (only the parts that do not relate to the organization contract) as well as by other agreements specifically concerning the sale of a single service which is the subject of the contract. The seller who must provide third parties, even electronically, with a disaggregated tourist service is required to issue to the tourist the documents relating to this service that indicate the amount paid for the service and cannot be considered, in any way, travel organiser.
B) TERMS AND CONDITIONS
The clauses of these general conditions of sale of tourist packages can also be applied to the contracts of sale of single tourist services: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art.18.
The application of these clauses does not determine the configuration of the related services as a tourist package. Therefore, the terminology of the mentioned clauses relating to the tourist package contract (organiser, travel, etc…) must be understood with reference to the corresponding actors of the contract of sale of single tourist services (vendor, stay, etc.…).
Compulsory obligation in accordance with articles 17 of the Law n. 38/2006. The Italian law punishes crimes relating to child prostitution and pornography with imprisonment, even if such crimes are committed abroad.
The respect for the rights of children knows no boundaries.
TECHNICAL DATA SHEET
ex Art. 5 – Integral Part of the General Terms and Conditions for the Sale of Tourist Packages.
The travel programmes are based on times, exchanges, airport fees, transport rates and land service costs in effect on the date of issue of the quotation; at the closure of the contract, therefore, the price may be different from that indicated in the quotation.
This payment is what indicated to Taste&Go from its service providers at the time of conclusion for the purchase contract of the tourist package.
Technical Organization: Taste&Go – Via Tommaso Siciliani n. 33/35 – 70015 Noci (BA) Puglia Region Authorization n° PG 0017979 dated 10/02/2015.
Taste&Go has stipulated, in accordance with art. 50 of the Tourism Code, a policy for the Professional Civil Liability with AGA International S.A. n. 198381 for a maximum of € 2.066.000,00.
This catalogue is valid from 01/04/2017 to 31/10/2017.
Any change required by the tourist after the Taste&Go’s confirmation, in accordance with art. 12 of the General Terms and Conditions, determines the charge for the tourist of an additional share called “Variation procedure costs” that corresponds to € 50.00. The service provider could not accept the name change of the renouncer tourist with the substitute one, even if made within the period referred to in art. 12 point a), of the General Terms and Conditions.
Taste&Go shall not be responsible for the possible non-acceptance of the change by the service providers and Taste&Go will promptly communicate such non-acceptance to the interested parties. If the impossibility to make the change determines customer to exercise the right to withdraw from the sale contract of the tourist package, will be applied the same withdrawal conditions indicated in the point “Cancellation penalties for individual travels”.
B) The right of withdrawal of the tourist
With regard to art. 6 – bookings – last paragraph, in accordance with the provision of art. 32, paragraph 2, Part Two of the Tourism Code, Taste&Go informs tourist with “the non-existence of the right of withdrawal as specified by art. 64 and et seq. of the Legislative Decree 206/2006.”
Therefore, it is applicable to tourist who withdraws from the contract, the disposals referred to in articles 40, 41 and 42 of the Tourism Code and the provisions mentioned in the paragraph under the name of “Cancellation penalties for individual travels”.
C) Cancellation penalty for individual travels:
The tourist who withdraws from the contract before the departure, outside the cases listed in the first paragraph of the articles 9 and 10 of the General Terms and Conditions will be charged – net of the amount paid referred to in art. 7/1° paragraph and unless otherwise specified within this brochure and/or in the service confirmation phases – the amount of the penalty to the extent indicated below:
– from the confirmation up to 30 days before the departure: 10% of participating share;
– from 29 to 20 days before the departure: 30% of participating share;
– from 19 to 10 days before the departure: 50% of participating share;
– from 9 to 5 days before the departure: 75% of participating share;
– after that date: 100% of the participating share
Please note that:
D) Price Change
The price of the tourist package is determined upon confirmation of the procedure.
Taste&Go will not apply any currency adjustment on the already confirmed individual procedures.
E) Excursions and optional services purchased on site
The excursions, services and services purchased on site by tourist, not included in the tourist package, are unrelated to the subject of the related contract stipulated by Taste&Go. Therefore, no liability will be attributable to Taste&Go, neither as organiser nor as service intermediary also in the event that, residents, companions or local correspondents can be involved in the reservation of these excursions. The service price paid on site by tourist cannot be repeated by Taste&Go.
F) Insurance Coverage
With reference to art. 19 it is specified that the insurance coverage included in the Taste&Go tourist packages is effective from the date of supply of the first service provided by Taste&Go to the date of supply of the last service provided by Taste&Go. The services not included in the period mentioned above will be excluded from the insurance coverage.
Notice pursuant to art. 13 of the Legislative Decree 196/2003: The data of the subscriber of this contract and those regarding the other participants, whose contribution is mandatory to guarantee to them the use of services subject of the purchased tourist package, will be processed manually and/or electronically in compliance with the regulations. Any refusal to supply such data will result in the impossibility to closure the contract and provide related services. Data controllers are – unless otherwise specified and eventually also visible in the catalogue and/or the related websites – the Seller Agency and the Organiser Agency. Where necessary, the data transmission will be eventually carried out only to competent authorities, insurance companies, local correspondents or supervisors of the seller or the organiser, service providers part of the tourist package or, however, to entities for which the data transmission is necessary with reference to the closure of contract and use of related services.
The data may also be reported to tax, accounting and legal consultants for the fulfilment of the legal obligations and/or the exercise of legal rights. At any time may be exercised all rights pursuant to art.7 of Legislative Decree 196/2003.