CONTENT OF THE TOURIST PACKAGE SALE CONTRACT
The following general conditions, the description of the tourist package contained in the catalog or in the separate travel program, as well as the confirmation of the booking of the services requested by the traveler, together with the documents referred to in Article 36, paragraph 8 of the Tourism Code, form an integral part of the travel contract. When the contract is mediated by a travel agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as the Traveler's agent, and the Traveler is entitled to receive it from the same. By signing the proposal for the purchase of a tourist package, the Traveler expressly declares that they have understood and accepted, for themselves and for the persons for whom they request the all-inclusive service, both the travel contract as governed therein, as well as the warnings contained therein, and these general conditions.
1. LEGAL SOURCES
The sale of tourist packages, which includes services to be provided both in national and international territories, is governed by Articles 32-51 novies of Legislative Decree no. 79 of May 23, 2011 (commonly known as the "Tourism Code", hereinafter referred to as CdT), as currently amended by Legislative Decree no. 62 of June 6, 2018, implementing EU Directive no. 2015/2302, as well as by the provisions of the Civil Code regarding transportation, service contracts, and agency agreements, where applicable, and by the Navigation Code (Royal Decree no. 327 of March 30, 1942).
2. ADMINISTRATIVE REGIME
The organizer and the travel agency selling the tourist package, to which the traveler turns, must be authorized to carry out their respective activities in accordance with the current legislation. The Organizer and the seller must inform third parties, before the conclusion of the contract, of the details of the insurance policy covering the risks arising 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 within their respective areas of responsibility, in order to ensure the reimbursement of the amounts paid or the repatriation of the traveler to the departure location.
3. DEFINITIONS (ART. 33 CdT)
For the purposes of this contract, the following terms are defined as:
a) Traveler: anyone who intends to conclude or enter into a contract or is authorized to travel under an organized tourism contract;
b) Professional: any natural or legal person, whether public or private, who, within the scope of their commercial, industrial, artisanal, or professional activity, acts, in organized tourism contracts, either directly or through another person acting on their behalf or for their benefit, as an organizer, seller, professional facilitating linked travel services, or as a provider of tourist services, in accordance with the applicable legislation;
c) Organizer: the professional who combines and sells packages or offers them for sale, either 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.
4. DEFINITION OF TOURIST PACKAGE (ART. 33, Paragraph 1, No. 4, Letter c) CdT)
A tourist package is defined as the "combination of at least two different types of tourist services for the purpose of the same trip or vacation, if at least one of the following conditions occurs:
1. such services are combined by a single professional, even at the request of the traveler or according to their selection, before a single contract covering all services is concluded;
2. such services, even if concluded through separate contracts with individual providers of tourist services, are:
2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
2.2) offered, sold, or invoiced at an inclusive or total price;
2.3) advertised or sold under the denomination "package" or similar term;
2.4) combined after the conclusion of a contract under which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from different 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 other professionals, and the contract with the latter or those professionals is concluded no later than 24 hours after the booking confirmation of the first tourist service.
5. PRE-CONTRACTUAL INFORMATION TO THE TRAVELER (ART. 34 CdT)
1) Before concluding the tourist package contract or a corresponding offer, the organizer and, if the package is sold through a seller, the seller as well, must provide the traveler with the relevant standard information Part I or Part II of the CdT, as well as the following information:
a) the main characteristics of the tourist services, such as:
a1. The destination or destinations of the trip, the itinerary, and the periods of stay with relevant dates, and if accommodation is included, the number of nights;
a2. The means, characteristics, and categories of transport, places, dates, and times of departure and return, the duration and location of intermediate stops and connections; if the exact time is not yet determined, the organizer and, if applicable, the seller, must inform the traveler of the approximate time of departure and return;
a3. The location, main characteristics, and, where applicable, the tourist category of the accommodation according to the regulations of the destination country;
a4. The meals provided;
a5. The visits, excursions, or other services included in the total agreed price of the package;
a6. The tourist services provided to the traveler as part of a group, and in such cases, the approximate size of the group;
a7. The language in which the services are provided;
a8. Whether the trip or vacation is suitable for persons with reduced mobility and, upon request of the traveler, precise information on the suitability of the trip or vacation taking into account the traveler’s needs;
b) The commercial name and geographic address of the organizer and, if present, the seller, their telephone contacts and email addresses;
c) The total price of the package including taxes and all fees, charges, and other additional costs, including any administrative and handling fees, or, if these cannot be reasonably calculated before the contract is concluded, an indication of the types of additional costs that the traveler may still have to bear;
d) the payment methods, including any deposit 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 deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for possible termination of the contract in case the number is not reached;
f) general information concerning passport and visa conditions, including approximate times for obtaining visas and health formalities of the destination country;
g) information on the traveler’s right to withdraw from the contract at any time before the start of the package by paying appropriate withdrawal fees, or, if provided, the standard withdrawal fees required by the organizer pursuant to Article 41, paragraph 1 CdT;
h) information on the optional or mandatory subscription to 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) details of the coverage referred to in Article 47, paragraphs 1, 2, and 3 CdT.
For tourist package contracts referred to in Article 33, paragraph 1, letter d), concluded by telephone, the organizer or professional must provide the traveler with the standard information, Part II of this decree, and the information referred to in paragraph 1.
2) For tourist package contracts referred to in Article 33, paragraph 1, letter d), concluded by telephone, the organizer or professional must provide the traveler with the standard information, Part II of this decree, and the information referred to in paragraph 1.
6. CONCLUSION OF THE TOURIST PACKAGE CONTRACT (ART. 36 CdT)
1) The proposal for the purchase of a tourist package must be drafted on a specific contractual form, if applicable electronically or, in any case, on a durable medium, completed in all its parts and signed by the client, who will receive a copy. The acceptance of the proposal for the purchase of the tourist package is considered perfected, resulting in the conclusion of the contract, only when the organizer sends a confirmation, also via electronic system, to the traveler through the selling Travel Agency, which will ensure its delivery to the traveler. The information related to the tourist package not contained in the contractual documents, brochures, or other written communication means, will be provided by the organizer, in regular fulfillment of the obligations established by Article 36, paragraph 8, CdT, before the start of the trip.
2) Specific requests regarding the delivery and/or execution of certain services included in the tourist package, including the need for assistance at the airport for persons with reduced mobility, requests for special meals on board or at the destination, must be made at the time of booking and must be the subject of a specific agreement between the Traveler and the Organizer, through the Travel Agency acting as agent.
3) In the case of contracts negotiated outside commercial premises, the traveler has the right to withdraw from the tourist package contract within a period of five days from the date of conclusion of the contract or from the date when they receive the contractual terms and preliminary information, if later, without penalties and without providing any reason. In cases of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In such cases, the organizer must document the price change, adequately highlighting the exclusion of the right of withdrawal (Article 41, paragraph 7, CdT).
7. PAYMENTS
1) Unless otherwise specified in the pre-contractual information or in the contract, at the time of signing the proposal for the purchase of the tourist package, the following must be paid:
a) the registration or administrative fee (see Art. 8);
b) a deposit of the price of the tourist package as published in the catalog or in the quotation provided by the Organizer. The balance must be paid without delay by the deadline set by the Tour Operator in their catalog or in the booking confirmation of the requested service/tourist package;
2) For bookings made after the deadline indicated for the payment of the balance, the entire amount must be paid at the time of signing the purchase proposal;
3) Failure to pay the above sums by the established dates, as well as failure to remit to the Tour Operator the sums paid by the Traveler to the selling Agency, and without prejudice to any guarantee actions under Art. 47 CdT against the latter, constitutes an express termination clause pursuant to Art. 1456 of the Civil Code, resulting in automatic termination of the contract with simple written communication, via fax or email, to the selling Agency or to the address, including electronic, if communicated, of the traveler. The balance of the price is considered to be completed when the sums are received by the organizer directly from the traveler or through the Travel Agency chosen by the same traveler.
8. PRICE (ART. 39 CdT)
1) The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or off-catalog program and any updates to the catalogs or off-catalog programs subsequently occurred, or on the Operator's website.
2) After the conclusion of the tourist package contract, prices may be increased by the amount indicated by the Organizer, up to a maximum of 8%, only if the contract expressly provides for this and specifies that the traveler is entitled to a corresponding reduction in the price, as well as the methods for calculating the price adjustment. In such a case, the traveler is entitled to a reduction in the price corresponding to the decrease in 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 only possible 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 charges on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation, and boarding fees at ports and airports;
c) exchange rates relevant to the package.
4) If the price increase referred to in this article exceeds 8 percent of the total package price, Article 40, paragraphs 2, 3, 4, and 5 CdT applies.
5) A price increase, regardless of its amount, is only possible after clear and precise communication on a durable medium by the organizer to the traveler, including the justification for the increase and the calculation methods, at least twenty days before the start of the package.
6) In the case of a price reduction, the organizer has the right to deduct the actual administrative and management fees from the refund due to the traveler, which they must provide proof of upon request by the traveler.
9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE (ART. 40 CdT)
1) Before the start of the package, the organizer cannot unilaterally modify the contract terms other than the price pursuant to Article 39, unless such a right is reserved in the contract and the modification is of minor importance. The organizer must communicate the modification to the traveler clearly and precisely on a durable medium.
2) If, before the start of the package, the organizer is forced to significantly change one or more essential features of the tourist services as referred to in Article 34, paragraph 1, letter a), or cannot fulfill the specific requests referred to in Article 36, paragraph 5, letter a), or proposes to increase the package price by more than 8 percent pursuant to Article 39, paragraph 3, the traveler may, within a reasonable period specified by the organizer, either accept the proposed modification or withdraw from the contract without paying withdrawal fees. In the event of withdrawal, the organizer may offer the traveler a substitute package of equivalent or superior quality.
3) The organizer informs the traveler, without unjustified delay, clearly and precisely on a durable medium:
a) of the proposed changes referred to in paragraph 2 and their impact on the package price pursuant to paragraph 4;
b) of a reasonable period within which the traveler is required to inform the organizer of their decision pursuant to paragraph 2;
c) of the consequences of the traveler’s failure to respond within the period referred to in letter b) and of any substitute package offered and its price.
4) If the changes to the tourist package contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an appropriate reduction in the price.
5) In the case of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a substitute package, the organizer must refund without unjustified delay and in any case within fourteen days from the withdrawal from the contract all payments made by or on behalf of the traveler, and the provisions of Article 43, paragraphs 2, 3, 4, 5, 6, 7, and 8 CdT apply.
10. TRAVELER'S WITHDRAWAL (ART. 41 CdT)
1) The traveler may withdraw from the tourist package contract at any time before the start of the package, with a refund to the organizer for the costs incurred, which are reasonable and justifiable. The organizer must provide the traveler with an explanation of the amount of these costs if requested by the traveler.
2) The tourist package contract may provide for reasonable standard penalties for withdrawal, calculated based on the timing of the withdrawal from the contract, the expected cost savings, and the anticipated revenue from reallocating the tourist services.
3) In the absence of specific standard withdrawal penalties, the amount of the withdrawal penalties corresponds to the price of the package reduced by the cost savings and revenue derived from the reallocation of tourist services.
4) In the event of unavoidable and extraordinary circumstances occurring at the destination or in its immediate vicinity that have a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract before the start of the package without paying withdrawal fees and to receive a full refund of the payments made for the package, but is not entitled to additional compensation.
5) The organizer may withdraw from the tourist package contract and offer the traveler a full refund of the payments made for the package, but is not required to pay additional compensation if:
a) the number of people enrolled in the package is less than the minimum required by the contract, and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract, and in any case no later than twenty days before the start of the package for trips lasting more than six days, seven days before the start of the package for trips lasting between two and six days, and forty-eight hours before the start of the package for trips lasting less than two days;
b) the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveler without unjustified delay before the start of the package.
6) The organizer proceeds with all refunds as required under paragraphs 4 and 5, or, concerning paragraphs 1, 2, and 3, refunds any payment made by or on behalf of the traveler for the package after deducting reasonable expenses, without unjustified delay and in any case within fourteen days from the withdrawal. In cases referred to in paragraphs 4 and 5, the resolution of functionally related contracts with third parties is determined.
10bis. TRAVELER'S WITHDRAWAL (Standard Cancellation Fees for Services Booked Online via www.bookyouritalyonline.com)
In the event of cancellation of an online booking made by the customer, Travel-Lab/BookYourItaly will apply the following penalties:
- Up to 15 working days before the start of the booked tourist service: Full refund of the amount booked.
- From 14 to 7 working days before the start of the booked tourist service: Refund of 50% of the total amount booked.
- From 6 to 0 working days before the start of the booked tourist service: No refund.
For the calculation of days applicable to the following conditions:
- The day of the booked tourist service is never counted.
- The day starts at 00:00 and ends at 24:00 according to the time zone in Italy (GMT +1).
The refund will be processed by Travel-Lab/BookYourItaly within 30 working days, by crediting the credit card used by the customer for the online booking.
11. SUBSTITUTIONS AND ASSIGNMENT OF THE TOURIST PACKAGE TO ANOTHER TRAVELER (ART. 38 CdT):
1) The traveler, with prior notice given to the organizer on a durable medium no later than seven days before the start of the package, can assign the contract for the tourist package to a person who meets all the conditions for using the service.
2) Both the assignor and the assignee of the tourist package contract are jointly responsible for the payment of the balance of the price and any related rights, taxes, and other additional costs, including any administrative and handling fees resulting from such assignment.
3) The organizer informs the assignor of the actual costs of the assignment, which cannot be unreasonable and cannot exceed the expenses actually incurred by the organizer as a result of the assignment of the tourist package contract, and provides the assignor with proof of the rights, taxes, or other additional costs resulting from the assignment of the contract.
4) In any case, a traveler who requests a change to a confirmed booking, provided that the request does not constitute a contractual novation and the change can be implemented, will pay the Tour Operator, in addition to the expenses resulting from the change itself, a fixed administrative fee.
12. TRAVELERS' OBLIGATIONS:
1) During negotiations and in any case before the conclusion of the contract, the Traveler is provided in writing with general information regarding passports, visas, and health formalities required for travel abroad.
2) For the rules concerning the travel of minors abroad, please refer explicitly to the information provided on the Italian State Police website. It should be noted that minors must possess a valid personal travel document, either a passport or, for EU countries, an identity card valid for travel abroad. As for the travel of minors under 14 years old and the travel of minors requiring authorization issued by the Judicial Authority, the instructions provided on the State Police website must be followed: http://www.poliziadistato.it/articolo/191/.
3) Travelers should also obtain the relevant information through their diplomatic representations and/or respective official government information channels. In any case, before departure, travelers must check for updates with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Center at the number 06.491115) and comply with them before the trip. In the absence of such verification, the selling agency or the organizer cannot be held responsible for the non-departure of one or more travelers.
4) Travelers must, in any case, inform the seller and the organizer of their nationality when requesting a booking for the tourist package or service, and at the time of departure, they must ensure they are in possession of vaccination certificates, individual passports, and any other documents valid for all countries covered by the itinerary, as well as residence visas, transit visas, and health certificates that may be required.
5) Furthermore, in order to assess the socio-political and health security situation, as well as any other useful information related to the destination countries, and therefore the objective usability of the purchased or to-be-purchased services, the traveler is responsible for obtaining official general information from the Ministry of Foreign Affairs, made available through the institutional website of the Farnesina www.viaggiaresicuri.it. The above information is not included in the TO catalogs—whether online or in print—as they contain general descriptive information as indicated in the informational brochure and not temporally variable information. Therefore, such information must be obtained by the Travelers themselves. Travelers must also adhere to the rules of normal prudence and diligence, as well as those specific to the destination countries of the trip, to all the information provided to them by the organizer, as well as the regulations and administrative or legislative provisions related to the tourist package. Travelers will be held liable for any damages suffered by the organizer and/or the seller, including the necessary repatriation expenses, due to their failure to comply with the above-mentioned obligations.
6) The organizer or seller who has provided compensation or a price reduction, or has paid damages, or has been forced to fulfill other obligations prescribed by law, has the right of recourse against those who contributed to the occurrence of the circumstances or event that resulted in the compensation, price reduction, damages, or other obligations in question, as well as those required to provide assistance and accommodation services under other provisions if the traveler is unable to return to the place of departure. The organizer or seller who has compensated the traveler is subrogated, within the limits of the compensation paid, to all the rights and actions of the latter against the responsible third parties; the traveler provides the organizer or seller with all documents, information, and elements in their possession useful for exercising the right of subrogation (art. 51 quinquies CdT).
13. LIABILITY REGIME OF THE ORGANIZER (ART. 42 CdT)
1) The Organizer is responsible for the performance of the tourist services provided for in the package travel contract, regardless of whether such tourist services are to be performed by the organizer itself, its auxiliaries or agents when acting in the exercise of their functions, third parties utilized by the organizer, or other providers of tourist services, pursuant to Article 1228 of the Civil Code.
2) The traveler, pursuant to Articles 1175 and 1375 of the Civil Code, shall promptly inform the Organizer, directly or through the seller, considering the circumstances of the case, of any lack of conformity detected during the performance of a tourist service provided for in the package travel contract.
3) If one of the tourist services is not performed as agreed in the package travel contract, the Organizer shall remedy the lack of conformity, unless this proves impossible or excessively costly, considering the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organizer does not remedy the defect, Article 43 shall apply.
4) Subject to the exceptions referred to in paragraph 3, if the Organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, following the complaint made pursuant to paragraph 2, the traveler may remedy the defect personally and request reimbursement of the necessary, reasonable, and documented expenses; if the Organizer refuses to remedy the lack of conformity or if immediate action is required, the traveler is not required to specify a deadline.
5) If a lack of conformity, pursuant to Article 1455 of the Civil Code, constitutes a non-minor breach of the tourist services included in a package and the Organizer has not remedied it within a reasonable period set by the traveler in relation to the duration and characteristics of the package, following the complaint made pursuant to paragraph 2, the traveler may, without charge, terminate the package travel contract by right and with immediate effect or, where applicable, request, pursuant to Article 43, a price reduction, without prejudice to any compensation for damages. In the event of contract termination, if the package included passenger transport, the Organizer shall also ensure the traveler’s return with equivalent transport without undue delay and at no additional cost to the traveler.
6) If it is impossible to ensure the traveler’s return, the Organizer shall bear the costs of the necessary accommodation, where possible of equivalent category to what was provided for in the contract, for a period not exceeding three nights per traveler or for the longer period possibly provided for by European Union regulations related to passenger rights, applicable to the relevant means of transport.
7) The cost limitation 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 accompanying persons, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that the Organizer has been notified of their particular needs at least forty-eight hours before the start of the package. The Organizer may not invoke unavoidable and extraordinary circumstances to limit liability under this paragraph if the transport service provider cannot invoke the same circumstances under the applicable European Union regulations.
8) If, due to circumstances beyond the Organizer's control, it is impossible to provide a substantial part, in terms of value or quality, of the combination of tourist services agreed upon in the package travel contract, the Organizer shall offer, at no additional cost to the traveler, appropriate alternative solutions of quality, where possible equivalent or superior to those specified in the contract, so that the execution of the package can continue, including the possibility that the traveler’s return to the place of departure is not provided as agreed. If the proposed alternative solutions result in a package of lower quality than that specified in the package travel contract, the Organizer shall grant the traveler an appropriate price reduction.
9) The traveler may reject the proposed alternative solutions only if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.
10) If it is impossible to provide alternative solutions or the traveler rejects the proposed alternative solutions in accordance with paragraph 8, the traveler shall be entitled to a price reduction. In case of failure to fulfill the obligation to offer under paragraph 8, paragraph 5 shall apply.
11) Where, due to circumstances beyond the Organizer's control, it is impossible to ensure the traveler’s return as agreed in the package travel contract, paragraphs 6 and 7 shall apply.
14. LIABILITY REGIME OF THE SELLER (ARTS. 50 - 51 quater CdT)
1) The Seller is responsible for the execution of the mandate entrusted to them by the traveler through the travel intermediation contract, regardless of whether the service is rendered by the seller themselves, their auxiliaries, or agents when acting in the exercise of their functions, or by third parties whose work is utilized by the seller. The fulfillment of the obligations assumed must be evaluated with regard to the diligence required for the exercise of the corresponding professional activity.
2) The Seller is not liable for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
3) The traveler’s right to compensation for damages related to the Seller's liability expires after two years from the date of the traveler's return to the place of departure.
15. LIMITATION OF COMPENSATION (ART. 43, Paragraph 5)
The package travel contract may provide for a limitation of the compensation owed by the organizer, except for damages to persons or those caused intentionally or by gross negligence, provided that such limitation is not less than three times the total price of the package. The right to compensation for personal injury expires three years from the date of the traveler’s return to the place of departure or within the longer period provided for the compensation of personal injury by the regulations governing the services included in the package.
16. POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER (ART. 44 CdT)
1) The traveler may send messages, requests, or complaints regarding the execution of the package directly to the seller through whom they purchased it, who in turn promptly forwards such messages, requests, or complaints to the organizer.
2) For the purposes of complying with deadlines or limitation periods, the date on which the seller receives messages, requests, or complaints referred to in paragraph 1 is considered the date of receipt also for the organizer.
17. DUTY OF ASSISTANCE (ART. 45 CdT)
1) The organizer provides appropriate assistance without delay to the traveler who is in difficulty, including in the circumstances referred to in Article 42, Paragraph 7 CdT, particularly by providing relevant information regarding health services, local authorities, and consular assistance, and by assisting the traveler in making long-distance communications and finding alternative travel services.
2) The organizer may charge a reasonable fee for such assistance if the problem was caused intentionally by the traveler or due to their negligence, within the limits of the actual costs incurred.
18. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS (ART. 47, Paragraph 10 CdT)
If not expressly included in the price, it is possible and advisable to take out, at the time of booking and through the seller, special insurance policies against costs arising from the cancellation of the package, accidents and/or illnesses, which also cover repatriation costs, and the loss and/or damage of luggage. Rights arising from insurance contracts must be exercised by the traveler directly with the contracting insurance companies, under the conditions and in the manner provided in the policies themselves, as outlined in the policy conditions published in the catalogs or displayed in the brochures provided to travelers at the time of departure.
19. ALTERNATIVE DISPUTE RESOLUTION MECHANISMS (ART. 36, Paragraph 5, Letter g) CdT)
The organizer may offer the traveler alternative dispute resolution (ADR) mechanisms for any disputes that arise, as outlined in the catalog, documentation, website, or other forms, pursuant to Legislative Decree 206/2005. In such cases, the organizer will indicate the type of alternative resolution proposed and the effects of such participation.
20. TRAVELER PROTECTION (ART. 47 CdT)
1) The organizer and the seller established within the national territory are covered by a civil liability insurance contract in favor of the traveler for compensation for damages resulting from the breach of their respective obligations under the respective contracts.
2) Package travel contracts are backed by insurance policies or bank guarantees or issued by the Funds referred to in Paragraph 3 of Art. 47 of the CdT, which, for travel abroad and travel within a single country, including travel within Italy, in cases of insolvency or bankruptcy of the organizer or seller, guarantee, without delay at the traveler’s request, the refund of the price paid for the package and the immediate return of the traveler if the package includes the transportation of the traveler, as well as, if necessary, the payment of meals and accommodation before the return. The guarantee is effective, adequate to the volume of business, and covers reasonably foreseeable costs, including payments made by or on behalf of travelers concerning packages, taking into account the duration of the period between deposits and final payment and the completion of the packages, as well as the estimated cost of repatriation in case of insolvency or bankruptcy of the organizer or seller.
3) Travelers benefit from protection in the event of insolvency or bankruptcy of the organizer or seller, 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 providing protection in case of insolvency or bankruptcy is established.
4) In the cases provided for in Paragraph 2, as an alternative to the refund of the price or immediate return, the continuation of the package may be offered to the traveler under the conditions outlined in Articles 40 and 42 CdT./p>
21. OPERATIONAL CHANGES
Considering the long lead time with which catalogs containing information on the terms of service are published, it should be noted that the times and routes of flights indicated in the acceptance of the service purchase proposal may be subject to changes as they are subject to subsequent validation. For this reason, the traveler must request confirmation of services from their Travel Agency before departure. The organizer will inform passengers about the identity of the actual carrier within the times and in the manner provided for by Art. 11 of EC Regulation 2111/2005.
22. INFORMATION NOTICE
Pursuant to Art. 13 of Legislative Decree 196/2003 and Art. 13 of EU Regulation 2016/679 Pursuant to Art. 13 of Legislative Decree 196/2003 ("Privacy Code") and Art. 13 of EU Regulation 2016/679, containing provisions for the protection of individuals and other subjects concerning the processing of personal data, we wish to inform you that the personal data you provide will be processed in compliance with the aforementioned regulations and the confidentiality obligations to which this Company is bound.
23. MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006
"Italian law punishes offenses related to child prostitution and child pornography, even if committed abroad, with imprisonment."