This English translation of our Italian Terms & Conditions is provided to our customers for information purposes only. Where there is any inconsistency between the original version of the GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS and the English language or other versions, the Italian version shall prevail as other versions merely constitute translations. The English translation is principally taken from the Official Journal of the European Union.
1. LEGISLATIVE SOURCES
The sale of Tour Packages (package travel and linked travel arrangements) is regulated by the DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. European directives are then transposed and implemented in Italy according to the Codice del Turismo.
Tourism plays an important role in the economy of the Union, and package travel, package holidays and package tours (‘packages’) represent a significant proportion of the travel market. These Directives aim to adapt the scope of protection to take into account industry developments, to enhance transparency, and to increase legal certainty for travellers and traders.
2. ADMINSTRATIVE REGIME
The Tour Organizer and the Travel Agency (if different from the Organizer) selling the tourist package, must be authorized to carry out the respective activities according to the local legislation in force. Before the conclusion of the Tour Contract (purchase), the Organizer and/or/both the Seller must provide the Tourist/Traveler, with the details of their insurance policy for the coverage of risks deriving from professional civil liability, as well as the details of their guarantee fund against the risks of insolvency or bankruptcy for the purpose of returning sums paid or the return of the traveler to the place of departure.
3. DEFINITIONS (ART. 33 CdT) For the purposes of the tour package contract the following are defined as:
a) ‘traveller’ means any person who is seeking to conclude a contract, or is entitled to travel on the basis of a contract concluded, within the scope of this Directive;
b) ‘professional’ any physical or legal person, public or private, who, in the context of his commercial, industrial, craft or professional activity, acts in organized tourism contracts, including through another person who operates in his name or on his behalf, as organizer, seller, a professional who facilitates connected tourist services or a tourist service provider, in accordance with current legislation;
c) ‘organizer’ means the person who, other than ocasionally, organizes packages and sells or offers them for sale, whether directly or through a retailer;
d) ‘retailer’ means the person who sells or offers for sale the package put together by the organizer.
4.0 NOTION OF A TRAVEL PACKAGE (ART. 33, comma 1, n. 4, lett.c) CdT)
‘Package’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if:
(a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or
(b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are:
(i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay,
(ii) offered, sold or charged at an inclusive or total price,
(iii) advertised or sold under the term ‘package’ or under a similar term,
(iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or
(v) purchased from separate traders through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
5.0 PREPURCHASE (CONTRACT) INFORMATION FOR THE TRAVELER
1. Member States (EU) shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the retailer shall provide the traveller with the standard information by means of the relevant form as set out in Part A or Part B of Annex I, and, where applicable to the package, with the following information:
(a) the main characteristics of the travel services:
(i) the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
(ii) the means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the organiser and, where applicable, the retailer shall inform the traveller of the approximate time of departure and return;
(iii) the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
(iv) the meal plan;
(v) visits, excursion(s) or other services included in the total price agreed for the package;
(vi) where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;
(vii) where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services will be carried out; and
(viii) whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs;
(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address;
(c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;
(d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;
(e) the minimum number of persons required for the package to take place and the time-limit, referred to in point (a) of Article 12(3), before the start of the package for the possible termination of the contract if that number is not reached; 11.12.2015 L 326/12 Official Journal of the European Union EN
(f) general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
(g) information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with Article 12(1);
(h) information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.
For package travel contracts concluded by telephone, the organiser and, where applicable, the retailer shall provide the traveller with the standard information set out in Part B of Annex I, and the information set out in points (a) to (h) of the first subparagraph.
2. With reference to packages as defined in point (b)(v) of point 2 of Article 3 the organiser and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract or any corresponding offer, the information set out in points (a) to (h) of the first subparagraph of paragraph 1 of this Article in so far as it is relevant for the respective travel services they offer. The organiser shall also provide, at the same time, the standard information by means of the form set out in Part C of Annex I.
3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensible and prominent manner. Where such information is provided in writing, it shall be legible.
6. CONCLUSIONE DEL CONTRATTO DI PACCHETTO TURISTICO (ART. 36 CdT)
1. Member States (UE) shall ensure that after the conclusion of the package travel contract, prices may be increased only if the contract expressly reserves that possibility and states that the traveller is entitled to price reduction under paragraph 4. In that event the package travel contract shall state how price revisions are to be calculated. Price increases shall be possible exclusively as a direct consequence of changes in:
(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(b) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
(c) the exchange rates relevant to the package.
2. If the price increase referred to in paragraph 1 of this Article exceeds 8% of the total price of the package, Article 11(2) to (5) shall apply.
3. Irrespective of its extent, a price increase shall be possible only if the organiser notifies the traveller clearly and comprehensibly of it with a justification for that increase and a calculation, on a durable medium at the latest 20 days before the start of the package.
4.If the package travel contract stipulates the possibility of price increases, the traveller shall have the right to a price reduction corresponding to any decrease in the costs referred to in points (a), (b) and (c) of paragraph 1 that occurs after the conclusion of the contract before the start of the package.
5.In the event of a price decrease, the organiser shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser shall provide proof of those administrative expenses.
11. TRANSFER OF BOOKINGS
The customer has the right to be replaced by a different person by giving written notice to Parent Week Florence (Florence and Beyond srls) Tour Operator. The renouncing client can be replaced by another person always if:
a) the organizer has been informed in writing at least 4 working days before the fixed departure date, receiving at the same time a notice concerning the name and address of the assignee;
b) the substitute meets all the conditions for the fruition of the service (ex article 10 of Leg. Decree 111/95), requirements relating to the passport, visas health certificates, hotel accommodation and transport services ;
c) – the replacing person has to pay a substitution fee of €100 which is to cover all the expenses concerning the substitution. The renouncing customer is responsible for the payment of the settlement by the assignor, as well as for the costs under letter c) of this article. As for some kinds of services, it may happen that a third party service supplier does not accept the modification of the assignee name, even if it has been carried out within the terms under letter a) of the present article.
Florence And Beyond srls Tour Operator will not be responsible for the possible non-acceptance of the modification by third party service suppliers. This non-acceptance will be immediately communicated by Florence And Beyond srls Tour Operator to the parties before departure.
13. TOURIST OBLIGATIONS
The Tourist shall inform the Organiser of his/her citizenship and, before departure, and check with the relevant authorities that they have vaccination certificates, their own passport and any other valid document necessary to enter the countries included in the Tourist package, including entry and transit visas, and any health certificates that may be required. Foreign citizens shall obtain similar information from their diplomatic representatives in Italy and/or official government channels.
In the absence of such verification, the seller or organizer shall have no responsibility for non-departure. Tourists shall inform the organizer – under their own responsibility, also as regards the exactness and truthfulness of the information and data supplied – of their citizenship and, at the time of departure, they must be certain that they possess.
Finally, in order to evaluate the health and security status of the countries to be visited and thus the effective usability of the services purchased or to be purchased, the Tourist shall obtain (utilizing the sources indicated above) the official general information available at the Ministry of Foreign Affairs, which specifically indicates whether travel to the destinations is formally not advisable.
Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organizer and the rules, administrative or legal instructions pertaining to the Tourist package. Tourists will be liable for any damage which the seller and/or the organizer may suffer also as a result of failure to comply with the above mentioned obligations.
The Tourist is, moreover, bound to supply the organizer with all documents, information and other elements in his possession which may be useful to the latter in exercising the right of subrogation against third parties responsible for the damage and he is liable towards the organizer should he obstruct the latter in the exercising of its right of subrogation.
At the time of booking, the Tourist shall also inform the organizer in writing of any particular personal requests, which may form part of a specific agreement, relating to travel arrangements, provided that they can be carried out. The Tourist must always inform the seller and the organizer of any special needs or conditions (pregnancy, food intolerances, disabilities etc.) and clearly specify the request for particular personalized services.
15. LIABILITY REGIME
In the event of the total non-performance or improper performance of the obligations taken on with the sale of the Tourist package, regardless of whether services are provided directly by the Organiser or by a third party provider, the organizer is bound to pay compensation for damage, unless the Organiser proves that the event was caused by actions of the Tourist (including initiatives undertaken by the Tourist whilst enjoying said Tourist services), or derives from the conduct of a third party of an unpredictable or inevitable nature or has been caused by an unforeseeable event or by force majeure., or by circumstances which the Organiser could in all professional diligence neither anticipate nor resolve.
18. COMPLAINTS AND CLAIMS
Any failures in the delivery of the contract must be reported by the Tourist by means of the timely presentation of a complaint, so that the organizer, its local representative or tour guide can remedy the situation promptly Failure to do so will cause a reduction or the total cancellation of compensation of damages as per article 1227 of the Italian Civil Code.
The Tourist may also make a claim by sending a letter by registered mail, or by another method that guarantees proof of receipt, to the Organiser within ten working days of the date of return to the place of departure.
23. COURT OF JURISDICTION
Any dispute concerning the validity, effectiveness, interpretation and/or execution of the general conditions of sale of Tour Packages shall be regulated by Italian law and subject to the exclusive jurisdiction of the Court of Florence (Italy).