General Conditions - Italy Adventure Ways

GENERAL CONDITIONS OF THE TRAVEL PACKAGE CONTRACT

CONTENT OF THE TRAVEL PACKAGE SALE CONTRACT

In addition to the general conditions that follow, the description of the travel package contained in the catalog, or in the separate travel program, as well as the confirmation of booking of the services requested by the traveler together with the documents referred to in art. 36 paragraph 8 of the Tourism Code, constitute an integral part of the travel contract. When the contract is brokered by a Travel Agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as the Traveler’s agent, and the latter will have the right to receive it from the same. In signing the travel package purchase proposal, the Traveler expressly declares to have understood and accepted, for themselves and for the subjects for whom they request the all-inclusive service, both the travel contract as regulated therein, and the warnings contained therein, and these general conditions.

REGULATORY SOURCES

The sale of travel packages, involving services to be provided in both national and international territory, is governed by articles 32-51 novies of Legislative Decree no. 79 of May 23, 2011 (the “Tourism Code”, hereinafter CdT), as currently amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302, as well as by the provisions of the Civil Code on transport, service contracts and mandates, insofar as applicable, and by the Navigation Code (R.D. no. 327 of 30.03.1942).
ADMINISTRATIVE REGIME

The organizer and the selling agency of the travel package, to whom the traveler turns, must be authorized to carry out their respective activities based on current legislation. The Organizer and the seller make known to third parties, before the conclusion of the contract, the details of the insurance policy for the coverage of risks deriving from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the seller, each for their own competence, for the purpose of refunding the sums paid or the return of the traveler to the place of departure.
DEFINITIONS (ART. 33 CdT)

For the purposes of this contract, the following terms are understood:
- a) Traveler: anyone who intends to conclude or stipulate a contract or is authorized to travel based on an organized tourism contract;
- b) Professional: any natural or legal person, public or private, who, in the context of their commercial, industrial, artisanal or professional activity, acts in organized tourism contracts, including through another person operating in their name or on their behalf, as an organizer, seller, professional facilitating linked travel services or a provider of travel services, in accordance with current legislation;
- c) Organizer: the professional who combines packages and sells them or offers them for sale directly or through or together with another professional;
- d) Seller: the professional other than the Organizer who sells or offers for sale packages combined by an organizer.
CONCEPT OF TRAVEL PACKAGE (ART. 33, paragraph 1, n. 4, letter c) CdT)

A travel package means the “combination of at least two different types of travel services for the purposes of the same trip or the same holiday, if at least one of the following conditions occurs:
1. that such services are combined by a single professional, even at the request of the traveler or in accordance with their selection, before a single contract for all services is concluded;
2. such services, even if concluded with separate contracts with individual travel service providers, are:
  - 2.1) purchased at a single point of sale and selected before the traveler consents to payment;
  - 2.2) offered, sold or invoiced at a flat or global price;
  - 2.3) advertised or sold under the name “package” or a similar name;
  - 2.4) combined after the conclusion of a contract with which the professional allows the traveler to choose from a selection of different types of travel services, or purchased from separate professionals through linked online booking processes where the traveler’s name, payment details and email address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or these latter professionals is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
PRE-CONTRACTUAL INFORMATION TO THE TRAVELER (ART. 34 CdT)
1. Before the conclusion of the travel package contract or a corresponding offer, the organizer and, if the package is sold through a seller, also the latter, provide the traveler with the relevant standard information module referred to in Annex A, part I or part II of the CdT, as well as the following information:
  - a) the main characteristics of the travel services, such as:
    1. the destination or destinations of the trip, the itinerary and the periods of stay with relative dates and, if accommodation is included, the number of nights included;
    2. the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and location of intermediate stops and connections; if the exact time is not yet established, the organizer and, if applicable, the seller, inform the traveler of the approximate time of departure and return;
    3. the location, main characteristics and, where provided, the tourist category of the accommodation under the regulations of the country of destination;
    4. the meals provided;
    5. the visits, excursions or other services included in the total agreed price of the package;
    6. the travel services provided to the traveler as a member of a group and, in that case, the approximate size of the group;
    7. the language in which the services are provided;
    8. whether the trip or holiday is suitable for persons with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or holiday taking into account the traveler’s needs;
  - b) the commercial name and geographic address of the organizer and, where present, of the seller, their telephone numbers and email addresses;
  - c) the total price of the package including taxes and all rights, duties and other additional costs, including any administrative and file management costs, or, where these are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs that the traveler might still have to bear;
  - d) the payment methods, including any amount or percentage of the price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
  - e) the minimum number of people required for the package and the term referred to in Article 41, paragraph 5, letter a), before the start of the package for the possible termination of the contract in case of failure to reach the number;
  - f) general information concerning passport and visa conditions, including approximate times for obtaining visas and health formalities of the country of destination;
  - g) information on the traveler’s right to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if provided, the standard withdrawal costs requested by the organizer pursuant to Article 41, paragraph 1 CdT;
  - h) information on the optional or mandatory subscription of insurance covering the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including repatriation, in case of accident, illness or death;
  - i) the details of the coverage referred to in article 47, paragraphs 1, 2 and 3 CdT.
2. For travel package contracts referred to in article 33, paragraph 1, letter d), stipulated by telephone, the organizer or the professional provides the traveler with the standard information referred to in Annex A, part II, to this decree, and the information referred to in paragraph 1.
CONCLUSION OF THE TRAVEL PACKAGE CONTRACT (ART. 36 CdT)
1. The proposal for the sale of a travel package must be drawn up on a specific contract form, electronic if necessary or, in any case, on a durable medium, filled in every part and signed by the customer, who will receive a copy. The acceptance of the proposal for the sale of the travel package is considered finalized, with the consequent conclusion of the contract, only when the organizer sends the relative confirmation, also by electronic system, to the traveler through the selling Travel Agency, which will handle the delivery to the traveler themselves.
2. Particular requests on the methods of provision and/or execution of certain services forming part of the travel package, including the need for assistance at the airport for people with reduced mobility, must be made during the booking request phase and be the subject of a specific agreement between the Traveler and the Organizer, through the mandatory Travel Agency.
3. In the case of contracts negotiated outside of commercial premises, the traveler has the right to withdraw from the travel package contract within a period of five days from the date of conclusion of the contract or from the date on which they receive the contractual conditions and preliminary information if later, without penalties and without providing any reason. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded.
PAYMENTS
1. Unless otherwise indicated in the pre-contractual information or in the contract, at the time of signing the purchase proposal of the travel package, the following must be paid:
  - a) the registration fee or practice management fee (see art. 8);
  - b) a deposit on the price of the travel package published in the catalog or in the quote for the package provided by the Organizer. The balance must be paid without delay within the term established by the Tour Operator in its catalog or in the confirmation of booking of the requested service/travel package;
2. For bookings made after the date indicated as the deadline for making the balance payment, the entire amount must be paid at the time of signing the purchase proposal;
3. Failure to pay the sums above, on the established dates, as well as the failure to remit to the Tour Operator the sums paid by the Traveler to the selling Agency constitutes an express termination clause pursuant to art. 1456 of the civil code.
PRICE (ART. 39 CdT)
1. The price of the travel package is determined in the contract, with reference to what is indicated in the catalog, or off-catalog program and any updates.
2. After the conclusion of the travel package contract, prices may be increased by what is indicated by the Organizer, with a maximum of 8% only if the contract expressly provides for it.
3. Price increases are possible exclusively as a result of changes concerning:
  - a) the price of passenger transport based on the cost of fuel or other energy sources;
  - b) the level of taxes or rights on travel services;
  - c) the exchange rates relevant to the package.
MODIFICATION OR CANCELLATION OF THE TRAVEL PACKAGE BEFORE DEPARTURE (ART. 40 CdT)
1. Before the start of the package, the organizer cannot unilaterally modify the conditions of the contract other than the price pursuant to article 39, unless they have reserved this right and the modification is of minor importance.
2. If the organizer is forced to significantly modify the main characteristics of the services or proposals an increase of more than 8%, the traveler can accept the modification or withdraw without paying withdrawal costs.
WITHDRAWAL BY THE TRAVELER (ART. 41 CdT)
1. The traveler can withdraw from the travel package contract at any time before the start of the package, upon reimbursement to the organizer of the costs incurred.
2. In the case of unavoidable and extraordinary circumstances occurring at the place of destination, the traveler has the right to withdraw without paying withdrawal costs.
SUBSTITUTIONS AND ASSIGNMENT OF THE TRAVEL PACKAGE TO ANOTHER TRAVELER (ART. 38 CdT)
1. The traveler, upon notice given no later than seven days before the start of the package, can assign the contract to a person who satisfies all conditions.
2. The assignor and the assignee are jointly and severally liable for the payment of the balance and any additional costs resulting from such assignment.
OBLIGATIONS OF THE TRAVELERS
1. Travelers must be in possession of a personal document valid for travel abroad (passport or ID card as required).
2. Travelers will, before departure, check the updates with the competent authorities (e.g., www.viaggiaresicuri.it).
3. Travelers must inform the seller and the organizer of their citizenship at the time of the booking request.
LIABILITY REGIME OF THE ORGANIZER (ART. 42 CdT)

The Organizer is responsible for the execution of the travel services provided for in the contract, pursuant to article 1228 of the civil code. The traveler informs the Organizer promptly of any lack of conformity detected during the execution.
LIABILITY REGIME OF THE SELLER (ARTICLES 50 – 51 quater CdT)

The Seller is responsible for the execution of the mandate conferred by the traveler. The Seller is not responsible for booking errors attributable to the traveler or due to unavoidable circumstances.
LIMITS OF COMPENSATION (ART. 43, paragraph 5)

The contract can provide for the limitation of compensation (except for personal damage), provided it is not less than triple the total price of the package.
POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER (ART. 44 CdT)

The Traveler can address messages, requests or complaints relating to the execution of the package directly to the Seller.
OBLIGATION OF ASSISTENCE (ART. 45 CdT)

The organizer provides adequate assistance without delay to the traveler who is in difficulty, in particular by providing information regarding health services and local authorities.
INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS

It is advisable to stipulate special insurance policies against costs deriving from cancellation, accidents, or illnesses that also cover repatriation costs.
ALTERNATIVE DISPUTE RESOLUTION (ADR) TOOLS

The organizer may propose alternative resolution methods for disputes (ADR), pursuant to Legislative Decree 206/2005.
PROTECTION OF THE TRAVELER (ART. 47 CdT)

The organizer and the seller are covered by civil liability insurance. Contracts are assisted by insurance or bank guarantees to cover insolvency or bankruptcy risks.
OPERATIONAL MODIFICATIONS

Flight times and routes indicated could undergo variations. The traveler must request confirmation before departure.
PRIVACY INFORMATION

Personal data provided will be subject to processing in compliance with Legislative Decree 196/2003 and EU Regulation 2016/679.
MANDATORY COMMUNICATION

“Italian law punishes with imprisonment crimes concerning prostitution and child pornography, even if committed abroad”.