General conditions of the contract for the sale of travel packages
Subject matter and content of the travel package sale contract
Primopiano viaggi s.r.l., represented by its pro tempore legal representative Mr. Faralli Sergio, with registered office in Santarcangelo (RN), via Sancisi n. 4, VAT No. 04316510405, carries out the activity of intermediation of individual tourist services and the activity of organising and selling travel packages.
The following form an integral part of the travel contract, in addition to the general conditions set out below: the description of the travel package contained in the catalogue or in the separate travel programme, as well as the booking confirmation of the services requested by the traveller together with the documents referred to in Article 36, paragraph 8 of the Tourism Code. Where the contract is intermediated by a Travel Agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as the Traveller’s agent, and the Traveller shall be entitled to receive it from the latter. By signing the proposal to purchase a travel package, the Traveller expressly declares that he or she has understood and accepted, for himself or herself and for the persons on whose behalf the all-inclusive service is requested, the travel contract as regulated therein, the warnings contained therein, and these general conditions.
1) Legislative Sources
The sale of travel packages concerning services to be provided in national or international territory is governed by Articles 32-51 novies of Legislative Decree No. 79 of 23 May 2011 (the so-called “Tourism Code”), 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 carriage, service contracts and agency, insofar as applicable, and by the Navigation Code (Royal Decree No. 327 of 30.03.1942).
2) Administrative Regime
The organiser and the intermediary of the travel package to whom the traveller turns must be authorised to carry out their respective activities in accordance with the legislation in force, including regional or municipal legislation, given the specific competence. Before the conclusion of the contract, the Organiser and the intermediary shall disclose to third parties the details of the insurance policy covering the risks arising from professional civil liability, as well as the details of any other optional or mandatory guarantee policies for the protection of travellers covering events that may affect the performance or execution of the holiday, such as trip cancellation, or cover for medical expenses, 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 of the intermediary, each for the part within its own competence, for the purposes of the refund of the sums paid or of the traveller’s return to the place of departure where the travel package includes transport.
Pursuant to Article 18, paragraph VI, of the Tourism Code, the use in the company name or trading name of the words “travel agency”, “tourism agency”, “tour operator”, “travel broker” or other words and expressions of a similar nature, including in a foreign language, is permitted exclusively to the authorised businesses referred to in the first paragraph.
3) Definitions
For the purposes of the travel package contract, the following definitions apply:
a) trader: any natural or legal person, whether public or private, who, in the context of his or her commercial, industrial, craft or professional activity, acts in organised travel contracts, including through another person acting in his or her name or on his or her behalf, in the capacity of organiser, retailer, trader facilitating linked travel arrangements or travel service provider, pursuant to the provisions of the Tourism Code.
b) organiser: a trader who combines packages and sells or offers them for sale, directly or through or together with another trader, or the trader who transmits the traveller’s data to another trader
c) retailer: the trader, other than the organiser, who sells or offers for sale packages combined by an organiser.
d) traveller: any person who intends to conclude a contract, or enters into a contract, or is entitled to travel under a contract concluded, within the scope of application of the law on organised travel contracts.
e) establishment: the establishment defined in Article 8, letter e), of Legislative Decree No. 59 of 26 March 2010;
f) durable medium: any instrument which enables the traveller or the trader to store information addressed personally to them in a way that allows it to be accessed in the future for a period of time adequate to the purposes for which the information is intended and which allows the unchanged reproduction of the information stored;
g) unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;
h) lack of conformity: a failure to perform the travel services included in a package.
i) point of sale: any retail premises, whether movable or immovable, 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;
l) repatriation: the return of the traveller to the place of departure or to another place agreed by the contracting parties.
4) Notion of travel package
The notion of travel package is as follows:
the combination of at least two different types of travel services, such as: 1. the carriage of passengers; 2. accommodation which is not an integral part of the carriage of passengers and is not intended for residential purposes, or for long-term language courses; 3. the rental of cars, other vehicles or motor vehicles requiring a category A driving licence; 4. any other travel service which is not an integral part of one of the travel services referred to in points 1), 2) or 3), and which is not a financial or insurance service, for the purposes of the same trip or the same holiday, if at least one of the following conditions is met:
1) such services are combined by a single trader, including at the request of the traveller or in accordance with his or her selection, before a single contract for all the services is concluded;
2) such services, even if concluded under separate contracts with individual providers, are:
2.1) purchased from a single point of sale and selected before the traveller agrees to pay;
2.2) offered, sold or invoiced at a lump-sum or inclusive price;
2.3) advertised or sold under the name “package” or a similar name;
2.4) combined after the conclusion of a contract by which the trader allows the traveller to choose among a selection of different types of travel services, or purchased from separate traders through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more other traders and the 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) Pre-contractual information to the traveller (Article 34 Tourism Code)
1. Before the conclusion of the travel package contract or of a corresponding offer, the organiser and, where the package is sold through a retailer, the latter as well, shall provide the traveller with the relevant standard information form referred to in Annex A, Part I or Part II of the Tourism Code, as well as the following information:
a) the main characteristics of the travel services, such as:
a1) the destination or destinations of the trip, the itinerary and the periods of stay with the relevant dates and, if accommodation is included, the number of nights included;
a2) the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and the places of intermediate stops and the connections; where the exact time has not yet been determined, the organiser and, where applicable, the retailer shall inform the traveller of the approximate times of departure and return;
a3) the location, the main characteristics and, where applicable, the tourist category of the accommodation under the rules of the country of destination;
a4) the meals provided;
a5) the visits, excursions or other services included in the total agreed price of the package;
a6) the travel services provided to the traveller as a member of a group and, in that case, the approximate size of the group;
a7) the language in which the services are provided;
a8) whether the trip or holiday is 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, their telephone numbers and e-mail addresses;
c) the total price of the package inclusive of taxes and all fees, duties and other additional costs, including any administrative and file-handling charges, or, where these cannot reasonably be calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;
d) the payment arrangements, including any amount or percentage of the price to be paid as a deposit and the schedule for payment of the balance, or the financial guarantees that the traveller is required to pay or provide;
e) the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for the possible termination of the contract if that number is not reached;
f) general information on passport and visa requirements, including the approximate time needed to obtain visas, and on the health formalities of the country of destination;
g) information on the traveller’s right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal fees, or, where provided, the standard withdrawal fees required by the organiser pursuant to Article 41, paragraph 1 of the Tourism Code. On this point, please refer to the sheet of each individual travel package published on the website www.primopianoviaggi.com” in the section “viaggi in primo piano” in order to know at any time the costs incurred by the tour operator which will be charged to the traveller who withdraws pursuant to Art. 41, paragraph 1 of the Tourism Code. These are standard fees, which are shown to the traveller in each individual proposal in the aforementioned section of the website.
h) information on the optional or mandatory taking out of an insurance policy covering the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death;
i) the details of the cover referred to in Article 47, paragraphs 1, 2 and 3 of the Tourism Code.
2. For travel package contracts referred to in Article 33, paragraph 1, letter d), concluded by telephone, the organiser or the trader shall provide the traveller with the standard information referred to in Annex A, Part II, to this decree, and the information referred to in paragraph 1.
3. With reference to packages purchased from separate traders referred to in Article 33, paragraph 1, letter c), number 2.4), 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 a corresponding offer, the information listed in paragraph 1, to the extent that it is relevant to the respective travel services offered. At the same time, the organiser shall also provide the standard information of the form referred to in Annex A, Part III, to this code.
4. The information referred to in paragraphs 1, 2 and 3 shall be provided in a clear and precise manner and, where provided in writing, must be legible.
6) Conclusion of the travel package contract (Art. 36 Tourism Code)
1. The proposal to purchase a travel package must be drawn up on the appropriate contract form, electronic where applicable or, in any case, on a durable medium, completed in all its parts and signed by the customer, who will receive a copy of it. Acceptance of the proposal to purchase the travel package is deemed to be perfected, with the consequent conclusion of the contract, only at the moment when the organiser sends the relevant confirmation, including by electronic system, to the traveller at the selling Travel Agency, which will see to its delivery to the traveller, or by electronic transmission. Information concerning the travel package not contained in the contractual documents, in brochures or in other written means of communication shall be provided by the organiser, in proper fulfilment of the obligations incumbent on it under Art. 36, paragraph 8, of the Tourism Code, before the start of the trip. As regards contracts negotiated away from business premises, as defined in Article 45, paragraph 1, letter h), of Legislative Decree No. 206 of 6 September 2005, a copy or confirmation of the travel package contract shall be provided to the traveller on paper or, if the traveller agrees, on another durable medium.
2) The travel package contract or its confirmation shall set out the entire content of the agreement, which contains all the information referred to in Article 34, paragraph 1, as well as the following:
2a) the specific requests of the traveller accepted by the organiser;
2b) a statement certifying that the organiser is responsible for the proper performance of all the travel services included in the contract pursuant to Article 42 and is required to provide assistance if the traveller is in difficulty pursuant to Article 45;
2c) the name and contact details, including the geographical address, of the entity in charge of protection in the event of insolvency;
2d) the name, address, telephone number, e-mail address and, where applicable, fax number of the organiser’s local representative, of a contact point or of another service that enables the traveller to communicate quickly and effectively with the organiser in order to request assistance or to submit any complaints concerning lack of conformity found during the performance of the package;
2e) the fact that the traveller is required to communicate, without delay, any lack of conformity found during the performance of the package pursuant to Article 42, paragraph 2;
2f) in the case of minors travelling unaccompanied by a parent or other authorised person under a travel package contract that includes accommodation, the information enabling direct contact to be established with the minor or the person responsible for the minor at the minor’s place of stay;
2g) information on the existing complaint-handling procedures and on alternative dispute resolution (ADR) mechanisms, pursuant to Legislative Decree No. 206 of 6 September 2005 and, where applicable, on the ADR body by which the trader is governed and on the online dispute resolution platform pursuant to Regulation (EU) No. 524/2013;
2h) information on the traveller’s right to transfer the contract to another traveller pursuant to Article 38.
3) With reference to packages purchased from separate traders referred to in Article 33, paragraph 1, letter b), number 2.4), the trader to whom the data are transmitted shall inform the organiser of the conclusion of the contract that will lead to the creation of a package and shall provide the organiser with the information necessary to fulfil its obligations. The organiser shall promptly provide the traveller with the information referred to in paragraph 5 on a durable medium.
4) In good time before the start of the package, the organiser shall provide the traveller with the necessary receipts, vouchers and tickets, information on the scheduled time of departure and the deadline for check-in, as well as the times of intermediate stops, connections and arrival.
5) Special requests concerning the manner of provision and/or performance of certain services forming part of the travel package, including the need for assistance at the airport for persons with reduced mobility, or the request for special meals on board or at 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, through the Travel Agency acting as agent.
6) In the case of contracts negotiated away from business premises, the traveller 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 he or she receives the contractual conditions and the preliminary information if later, without penalty and without giving any reason. In the case of offers with prices significantly reduced compared to current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price change, adequately highlighting the exclusion of the right of withdrawal (Art. 41, paragraph 7, Tourism Code).
7) Payments
1. Unless otherwise indicated in the pre-contractual information or in the contract, the following shall be paid upon signing the proposal to purchase the travel package:
a) the registration or file-handling fee (see Art. 9 below);
b) a deposit on the price of the travel package published in the catalogue or in the package quotation provided by the Organiser. The balance must be paid, without extension, by the deadline set by the Tour Operator in its catalogue or in the booking confirmation of the requested service/travel package;
2. For bookings made after the date indicated as the final deadline for payment of the balance, the entire amount must be paid at the time of signing the proposal to purchase;
3. Failure to pay the above sums on the due dates, as well as failure to remit to the Tour Operator the sums paid by the Traveller to the selling Agency, without prejudice to any guarantee actions pursuant to Art. 47 of the Tourism Code against the latter, constitutes an express termination clause pursuant to Art. 1456 of the Civil Code, such as to determine termination by operation of law, to be effected by simple written notice, by fax or e-mail, to the selling Agency, or to the traveller’s address, including electronic address, where communicated. Payment of the balance of the price is deemed to have been made when the sums reach the organiser directly from the traveller or through the intermediary Travel Agency chosen by the traveller.
8) Transfer of the travel package to another traveller (Article 38 Tourism Code)
1. The traveller, upon giving notice to the organiser on a durable medium no later than seven days before the start of the package, may transfer the travel package contract to a person who satisfies all the conditions for use of the service.
2. The transferor and the transferee of the travel package contract are jointly and severally liable for payment of the balance of the price and of any fees, duties and other additional costs, including any administrative and file-handling charges, resulting from such transfer.
3. The organiser shall inform the transferor of the actual costs of the transfer, which may not be unreasonable and shall not exceed the expenses actually incurred by the organiser as a result of the transfer of the travel package contract, and shall provide the transferor with evidence of the fees, duties or other additional costs resulting from the transfer of the contract.
9) Price (Article 39 Tourism Code)
1. The price of the travel package is determined in the contract, by reference to what is indicated in the catalogue, or in the programme outside the catalogue, and to any updates of the same catalogues or programmes outside the catalogue made subsequently, or on the Operator’s website.
2. After the conclusion of the travel package contract, prices may be increased by the amount indicated by the Organiser, up to a maximum of 8%, only if the contract expressly provides for this and specifies that the traveller is entitled to a corresponding price reduction, as well as the methods of calculating the price revision. In that case, the traveller is entitled to a price reduction corresponding to the decrease in the costs referred to in paragraph 2, letters a), b) and c), occurring after the conclusion of the contract and before the start of the package.
3. Price increases are possible exclusively as a consequence of changes concerning:
a) the price of passenger transport as a function of the cost of fuel or other sources of energy;
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 landing, disembarkation and embarkation taxes at ports and airports;
c) the exchange rates relevant to the package.
4. If the price increase referred to in this article exceeds 8 per cent of the total price of the package, Article 40, paragraphs 2, 3, 4 and 5 of the Tourism Code applies.
5. A price increase, regardless of its amount, is possible only upon clear and precise notice on a durable medium from the organiser to the traveller, together with the justification for the increase and the method of calculation, at least twenty days before the start of the package.
6. In the event of a price reduction, the organiser is entitled to deduct the actual administrative and file-handling expenses from the refund due to the traveller, and is required to provide proof thereof upon the traveller’s request.
10) Modification or cancellation of the travel package before departure (Article 40 Tourism Code)
1. Before the start of the package, the organiser may not unilaterally modify the terms of the contract other than the price pursuant to Article 39, unless it has reserved that right in the contract and the modification is insignificant. The organiser shall communicate the modification to the traveller in a clear and precise manner on a durable medium.
2. If, before the start of the package, the organiser is compelled to significantly modify one or more of the main characteristics of the travel services referred to in Article 34, paragraph 1, letter a), or cannot meet the specific requests referred to in Article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 per cent pursuant to Article 39, paragraph 3, the traveller, within a reasonable period specified by the organiser, may either accept the proposed modification or withdraw from the contract without paying withdrawal fees. In the event of withdrawal, the organiser may offer the traveller a substitute package of equivalent or higher quality.
3. The organiser shall inform the traveller, without undue delay, in a clear and precise manner on a durable medium:
a) of the proposed modifications referred to in paragraph 2 and of their impact on the price of the package pursuant to paragraph 4;
b) of a reasonable period within which the traveller is required to inform the organiser of his or her decision pursuant to paragraph 2;
c) of the consequences of the traveller’s failure to reply within the period referred to in letter b) and of any substitute package offered and its price.
4. If the modifications to the travel package contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveller is entitled to an appropriate price reduction.
5. In the event of withdrawal from the travel package contract pursuant to paragraph 2, if the traveller does not accept a substitute package, the organiser shall refund, without undue delay and in any event within fourteen days of withdrawal from the contract, all payments made by or on behalf of the traveller, and the provisions of Article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 shall apply.
11) Withdrawal by the traveller (Article 41 Tourism Code)
1. The traveller may withdraw from the travel package contract at any time before the start of the package, upon reimbursement to the organiser of the expenses incurred, which must be appropriate and justifiable, the amount of which the organiser shall justify to the traveller upon request.
2. The travel package contract may provide for reasonable standard withdrawal fees, calculated on the basis of the time of withdrawal from the contract and the expected cost savings and expected income deriving from the reallocation of the travel services.
3. In the absence of specification of standard withdrawal fees, the amount of the withdrawal fees corresponds to the price of the package reduced by the cost savings and income deriving from the reallocation of the travel services.
4. 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 performance of the package or on the carriage of passengers to the destination, the traveller is entitled to withdraw from the contract, before the start of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but is not entitled to additional compensation.
5. The organiser may withdraw from the travel package contract and offer the traveller a full refund of the payments made for the package, but is not required to pay additional compensation if:
a) the number of persons enrolled for the package is lower than the minimum provided for in the contract and the organiser notifies the traveller of the withdrawal from the contract within the period set in the contract and in any case no later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days;
b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the traveller of the withdrawal from the contract without undue delay before the start of the package.
6. The organiser shall make all the refunds required under paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1, 2 and 3, shall refund any payment made by or on behalf of the traveller for the package after deducting the appropriate expenses, without undue delay and in any event within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the functionally linked contracts entered into with third parties are terminated.
7. In the case of contracts negotiated away from business premises, the traveller 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 he or she receives the contractual conditions and the preliminary information if later, without penalty and without giving any reason. In the case of offers with prices significantly reduced compared to current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price change, adequately highlighting the exclusion of the right of withdrawal.
12) Obligations of travellers
1. During negotiations and in any case before the conclusion of the contract, the Traveller shall be provided in writing with general information concerning the passports and visas and the health formalities required for travelling abroad.
2. For the rules concerning minors travelling abroad, reference is expressly made to what is indicated on the website of the State Police (Polizia di Stato). It is in any case specified that minors must hold a personal document valid for travelling abroad, namely a passport or, for EU countries, also an identity card valid for travelling abroad. As regards minors under 14 years of age travelling abroad and minors for whom the Authorisation issued by the Judicial Authority is required, the provisions indicated on the website of the State Police http://www.poliziadistato.it/articolo/191/ must be followed.
3. Travellers must in any case obtain the corresponding information through their diplomatic representations and/or the respective official government information channels. In any case, travellers shall, before departure, verify that it is up to date with the competent authorities (for Italian citizens, the local Police Headquarters (Questure) or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Centre at number 06.491115) and comply with it before the trip. In the absence of such verification, no liability for the failure of one or more travellers to depart may be attributed to the selling Agency or to the organiser.
4. Travellers must in any case inform the retailer and the organiser of their citizenship at the time of the request to book the travel package or travel service and, at the time of departure, must definitively ascertain that they are provided with vaccination certificates, an individual passport and any other valid document for all the countries covered by the itinerary, as well as the residence and transit visas and the health certificates that may be required.
5. Furthermore, in order to assess the socio-political and health 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 traveller shall be responsible for obtaining the general official information from the Ministry of Foreign Affairs, as published on the institutional website of the Farnesina www.viaggiaresicuri.it.
The above information is not contained in the T.O. catalogues – online or paper – since they contain general descriptive information as indicated in the information brochure and not information that changes over time. The same must therefore be obtained by the Travellers. Travellers must also comply with the rules of normal prudence and diligence and with those specifically in force in the countries of destination of the trip, with all the information provided to them by the organiser, as well as with the regulations and administrative or legislative provisions relating to the travel package. Travellers shall be liable for all damages that the organiser and/or the retailer may suffer, including as a result of failure to comply with the obligations set out above, including the expenses necessary for their repatriation.
6. The organiser or the retailer who has granted compensation or a price reduction, or paid damages, or has been compelled to comply with other obligations prescribed by law, has a right of recourse against the persons who contributed to the occurrence of the circumstances or event from which the compensation, price reduction, damages or the other obligations in question arose, as well as against the persons required to provide assistance and accommodation services under other provisions, in the event that the traveller cannot return to the place of departure. The organiser or the retailer who has compensated the traveller is subrogated, within the limits of the compensation paid, in all the traveller’s rights and claims against liable third parties; the traveller shall provide the organiser or the retailer with all the documents, information and elements in his or her possession that are useful for the exercise of the right of subrogation (Art. 51 quinquies Tourism Code).
13) Liability regime of the Organiser (Article 42 Tourism Code)
1. The organiser is responsible for the performance of the travel services provided for in the travel package contract, regardless of whether such travel services are to be provided by the organiser itself, by its auxiliaries or agents when acting in the exercise of their functions, by third parties whose services it uses or by other travel service providers, pursuant to Article 1228 of the Civil Code.
2. The traveller, pursuant to Articles 1175 and 1375 of the Civil Code, shall inform the organiser, directly or through the retailer, promptly, taking into account the circumstances of the case, of any lack of conformity found during the performance of a travel service provided for in the travel package contract.
3. If one of the travel services is not performed as agreed in the travel package contract, the organiser shall remedy the lack of conformity, unless this is impossible or excessively costly, taking into account the extent of the lack of conformity and the value of the travel services affected by the defect. If the organiser does not remedy the defect, Article 43 applies.
4. Without prejudice to the exceptions referred to in paragraph 3, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller in relation to the duration and characteristics of the package, by means of the complaint made pursuant to paragraph 2, the traveller may remedy the defect personally and request reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if it must be remedied immediately, the traveller need not specify a time limit.
5. If a lack of conformity, pursuant to Article 1455 of the Civil Code, constitutes a non-minor breach of the travel services included in a package and the organiser has not remedied it within a reasonable period set by the traveller in relation to the duration and characteristics of the package, by means of the complaint made pursuant to paragraph 2, the traveller may, without cost, terminate the travel package contract by operation of law and with immediate effect or, where appropriate, request, pursuant to Article 43, a price reduction, without prejudice in any case to any compensation for damages. In the event of termination of the contract, if the package included the carriage of passengers, the organiser shall also arrange the traveller’s return by equivalent transport without undue delay and at no additional cost to the traveller.
6. Where it is impossible to ensure the traveller’s return, the organiser shall bear the costs of the necessary accommodation, where possible of a category equivalent to that provided for in the contract, for a period not exceeding three nights per traveller or for the longer period possibly provided for by European Union legislation on passenger rights, applicable to the relevant means of transport.
7. The limitation of costs referred to in paragraph 6 does not apply to persons with reduced mobility, as defined in Article 2, paragraph 1, letter a), of Regulation (EC) No. 1107/2006, and their companions, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least forty-eight hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the liability referred to in this paragraph where the transport service provider cannot invoke the same circumstances under the applicable European Union legislation.
8. If, due to supervening circumstances not attributable to the organiser, it is impossible to provide, during performance, a substantial part, in terms of value or quality, of the combination of travel services agreed in the travel package contract, the organiser shall offer, at no additional cost to the traveller, suitable alternative arrangements of a quality, where possible, equivalent or superior to that specified in the contract, so that performance of the package may continue, including the case where the traveller’s return to the place of departure is not provided as agreed. If the proposed alternative arrangements result in a package of lower quality than that specified in the travel package contract, the organiser shall grant the traveller an appropriate price reduction.
9. The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the travel package contract or if the price reduction granted is inadequate.
10. If it is impossible to arrange alternative solutions or the traveller rejects the proposed alternative solutions that comply with paragraph 8, the traveller shall be granted a price reduction. In the event of breach of the obligation to offer set out in paragraph 8, paragraph 5 applies.
11. Where, due to supervening circumstances not attributable to the organiser, it is impossible to ensure the traveller’s return as agreed in the travel package contract, paragraphs 6 and 7 apply.
14) Price reduction and compensation for damages (Article 43 Tourism Code)
1. The traveller is entitled to an appropriate price reduction for the period during which there has been a lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.
2. The traveller is entitled to receive from the organiser, without undue delay, appropriate compensation for any damage that he or she may have suffered as a result of a lack of conformity.
3. The traveller is not entitled to compensation for damages if the organiser proves that the lack of conformity is attributable to the traveller or to a third party unconnected with the provision of the travel services included in the travel package contract and is unforeseeable or unavoidable, or is due to unavoidable and extraordinary circumstances.
4. The organiser is subject to the limitations provided for by the international conventions in force binding on Italy or the European Union, relating to the extent of compensation or to the conditions under which it is due by a provider supplying a travel service included in a package.
5. The travel package contract may provide for a limitation of the compensation due by the organiser, except for personal injury or damage caused intentionally or through negligence, provided that such limitation is not less than three times the total price of the package.
6. Any right to compensation or to a price reduction under this Chapter does not prejudice the rights of travellers provided for by Regulation (EC) No. 261/2004, Regulation (EC) No. 1371/2007, Regulation (EC) No. 392/2009, Regulation (EU) No. 1177/2010 and Regulation (EU) No. 181/2011 of the European Parliament and of the Council, as well as by international conventions, it being understood that compensation or price reduction granted under this Chapter and compensation or price reduction granted under those regulations and international conventions shall be deducted from one another.
7. The right to a price reduction or to compensation for damages provided for in this article is subject to a limitation period of two years, starting from the date of the traveller’s return to the place of departure, without prejudice to the provisions of paragraph 8.
8. The right to compensation for personal injury is subject to a limitation period of three years starting from the date of the traveller’s return to the place of departure or the longer period provided for compensation for personal injury by the provisions governing the services included in the package.
15) Compensation for damage from a ruined holiday (Article 46 Tourism Code)
1. Where the non-performance of the services forming the subject of the package is not minor pursuant to Article 1455 of the Civil Code, the traveller may request from the organiser or the retailer, according to the liability arising from the breach of their respective obligations assumed under their respective contracts, in addition to and independently of the termination of the contract, compensation for the damage related to the holiday time uselessly spent and to the unrepeatable nature of the opportunity lost.
2. The right to compensation is subject to a limitation period of three years, or the longer period for compensation for personal injury provided for by the provisions governing the services included in the package, starting from the date of the traveller’s return to the place of departure.
14) Liability regime of the retailer (Articles 50 and 51 quarter Tourism Code)
1. The retailer is responsible for the performance of the mandate conferred on it by the traveller under the travel intermediation contract, regardless of whether the service is rendered by the retailer itself, by its auxiliaries or agents when acting in the exercise of their functions, or by third parties whose services it uses, the performance of the obligations assumed having to be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
2. Without prejudice to the provisions of Article 46 and the effects of Articles 51-bis and 51-ter, the traveller’s right to compensation for damages provided for in this Section is subject to a limitation period of two years starting from the date of the traveller’s return to the place of departure. 15) Price reduction and compensation for damages (Art. 43 paragraph 5 Tourism Code) 1. The traveller is entitled to an appropriate price reduction for the period during which there has been a lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.
2. The traveller is entitled to receive from the organiser, without undue delay, appropriate compensation for any damage that he or she may have suffered as a result of a lack of conformity.
3. The traveller is not entitled to compensation for damages if the organiser proves that the lack of conformity is attributable to the traveller or to a third party unconnected with the provision of the travel services included in the travel package contract and is unforeseeable or unavoidable, or is due to unavoidable and extraordinary circumstances.
4. The organiser is subject to the limitations provided for by the international conventions in force binding on Italy or the European Union, relating to the extent of compensation or to the conditions under which it is due by a provider supplying a travel service included in a package. 5. The travel package contract may provide for a limitation of the compensation due by the organiser, except for personal injury or damage caused intentionally or through negligence, provided that such limitation is not less than three times the total price of the package. 6. Any right to compensation or to a price reduction under this Chapter does not prejudice the rights of travellers provided for by Regulation (EC) No. 261/2004, Regulation (EC) No. 1371/2007, Regulation (EC) No. 392/2009, Regulation (EU) No. 1177/2010 and Regulation (EU) No. 181/2011 of the European Parliament and of the Council, as well as by international conventions, it being understood that compensation or price reduction granted under this Chapter and compensation or price reduction granted under those regulations and international conventions shall be deducted from one another.
7. The right to a price reduction or to compensation for damages provided for in this article is subject to a limitation period of two years, starting from the date of the traveller’s return to the place of departure, without prejudice to the provisions of paragraph 8.
8. The right to compensation for personal injury is subject to a limitation period of three years starting from the date of the traveller’s return to the place of departure or the longer period provided for compensation for personal injury by the provisions governing the services included in the package.
16) Possibility of contacting the Organiser through the retailer (Article 44 Tourism Code
)
1. The Traveller may address messages, requests or complaints concerning the performance of the package directly to the Retailer through whom it was purchased, who, in turn, shall promptly forward such messages, requests or complaints to the Organiser.
2. For the purposes of compliance with time limits or limitation periods, the date on which the retailer receives the messages, requests or complaints referred to in paragraph 1 shall be considered the date of receipt also for the Organiser.
17) Obligation to provide assistance (Art. 45 Tourism Code)
1. The organiser shall provide appropriate assistance without delay to a traveller who is in difficulty, including in the circumstances referred to in Article 42, paragraph 7 of the Tourism Code, in particular by providing appropriate information on health services, local authorities and consular assistance, and by assisting the traveller in making distance communications and helping him or her to find alternative travel arrangements.
2. The organiser may charge a reasonable fee for such assistance if the problem is caused intentionally by the traveller or through his or her fault, within the limits of the expenses actually incurred.
18) Insurance against cancellation and repatriation costs (Article 47 paragraph 10
Tourism Code)
If not expressly included in the price, it is possible and advisable to take out, at the time of booking and through the Retailer, special insurance policies against the costs arising from cancellation of the package, from accidents and/or illness also covering repatriation costs, and from loss of and/or damage to baggage. The rights arising from insurance contracts must be exercised by the traveller directly against the contracting 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 catalogues or displayed in the brochures made available to Travellers at the time of departure.
19) Alternative dispute resolution instruments (Article 36 paragraph 5 letter G) Tourism Code)
The organiser may propose to the traveller – in the catalogue, in the documentation, on its website or in other forms – methods of alternative resolution of disputes that have arisen (ADR – Alternative Dispute Resolution), pursuant to Legislative Decree 206/2005. In that case the organiser shall indicate the type of alternative resolution proposed and the effects that adherence entails.
20) Protection of the traveller (Article 47 Tourism Code)
1. The organiser and the retailer established in the national territory are covered by a civil liability insurance contract in favour of the traveller for compensation of damages arising from the breach of their respective obligations assumed under their respective contracts.
2. Travel package organisation contracts are backed by insurance policies or bank guarantees which, for trips abroad and trips taking place within a single country, including trips in Italy, in the event of insolvency or bankruptcy of the organiser or the retailer, guarantee, without delay upon the traveller’s request, the refund of the price paid for the purchase of the package and the immediate return of the traveller where the package includes the carriage of the traveller, as well as, if necessary, the payment of board and lodging before the return.
3. Organisers and intermediaries may form consortia or other associative forms suitable for providing collectively, including through the establishment of a dedicated fund, for the coverage of the risks referred to in paragraph 2. The purposes of this paragraph may also be pursued through the direct involvement in the consortia and in the other associative forms of businesses and trade associations of the insurance sector, including by providing for forms of reinsurance.
4. The guarantee referred to in paragraph 2 is effective, adequate to the volume of business and covers the reasonably foreseeable costs, the amounts of the payments made by or on behalf of travellers in relation to packages, taking into account the length of the period between the deposits and the final balance and the completion of the packages, as well as the estimated cost of repatriations in the event of insolvency or bankruptcy of the organiser or the retailer.
5. Travellers benefit from protection in the event of insolvency or bankruptcy of the organiser or the retailer regardless of their place of residence, the place of departure or the place of sale of the package and regardless of the Member State in which the entity responsible for providing protection in the event of insolvency or bankruptcy is established.
6. In the cases provided for in paragraph 2, as an alternative to the refund of the price or the immediate return, the traveller may be offered the continuation of the package in the manner set out in Articles 40 and 42.
7. The obligation referred to in paragraph 1 does not apply to the organiser and the retailer of a Member State of the European Union that establishes itself in the national territory if the conditions set out in Article 33 of Legislative Decree No. 59 of 26 March 2010 are met.
8. Organisers and retailers not established in a Member State who sell or offer for sale packages in Italy or in another Member State or who, by any means, direct such activities towards Italy or another Member State are required to provide a guarantee equivalent to that provided for in paragraph 2.
9. In any case, the Ministry of Foreign Affairs and International Cooperation may request from the persons concerned the total or partial reimbursement of the expenses incurred for the rescue and repatriation of persons who, abroad, have deliberately exposed themselves, save for justified reasons related to the exercise of professional activities, to risks that they could have known by using normal diligence.
10. The option to take out other traveller assistance insurance policies is preserved.
21) Liability of the retailer (Art. 50 Tourism Code)
1. The retailer is responsible for the performance of the mandate conferred on it by the traveller under the travel intermediation contract, regardless of whether the service is rendered by the retailer itself, by its auxiliaries or agents when acting in the exercise of their functions, or by third parties whose services it uses, the performance of the obligations assumed having to be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
22) Liability in the event of booking errors (Art. 51 Tourism Code)
1. The trader is responsible for errors due to technical defects in the booking system attributable to it and, where it has agreed to organise the booking of a package or of travel services forming part of linked travel arrangements, for errors made during the booking process.
2. The trader is not responsible for booking errors attributable to the traveller or due to unavoidable and extraordinary circumstances.
23) Privacy protection Article 13 EU Regulation 2016/678
Pursuant to Art. 13 of Regulation (EU) 2016/679, containing provisions for the protection of individuals and other subjects with regard to the processing of personal data, we wish to inform you that the personal data provided by you will be processed in compliance with the above-mentioned legislation and the confidentiality obligations to which the undersigned Company is bound. A specific information notice will be provided to you, in which you will be informed of all your rights and of all the information useful and required by law.
24 ) Mandatory notice pursuant to Art. 17 of Law No. 38/2006
“Italian law punishes with imprisonment the offences concerning prostitution and child pornography, even if committed abroad”.
25) Organiser
Primopiano viaggi s.r.l., represented by its pro tempore legal representative Mr. Faralli Sergio,
with registered office in Santarcangelo (RN), via Sancisi n. 4, VAT No. 04316510405
Professional policy No. 1/2564/319/150505571
Unipol
Consortium Guarantee Fund
VACANZE GARANTITE
Certif. No. 2021061043AT
SCIA COMUNE SANTARCANGELO DI ROMAGNA PROT.N.0005107/2017