Sales agreement for tourist packages

Sales agreement for tourist packages

Sales agreement for tourist packages

TERMS AND CONDITIONS

RC policy: UnipolSai n. 1/53660/319/167295755

Guarantee for travelers: registration as member n° 1748 in “Fondo di Garanzia Vacanze Felici Scarl” - Via Larga, 6 - 20122 Milan - segreteria@fondovacanzefelici.it - telephone: 02 92979050

FOREWORD:

The content of TERMS and CONDITIONS constitutes an integral part of the tourist package contract as well as the following general conditions, the description of the tourist package contained in the catalog (online or on paper), or in the separate travel program, as well as the booking confirmation which is sent by Sportoutdoor Viaggi following the purchase. When signing the offer to buy a tourist package, the traveler must bear in mind that it marks the tourist package contract as read and accepted, for himself and for the subjects indicated in the contract, as well as the warnings and conditions contained therein, and these general conditions. 

1. LEGISLATIVE SOURCES 

The sale of tourist packages and related tourist services is governed by the Tourism Code (articles 32-51 - novies) as amended by Legislative Decree 62/2018 which implements the EU directive 2015/2302 and its subsequent amendments and provisions of the civil code on transportation and mandate, as applicable. 

2. ADMINISTRATIVE REGIME

The Organizer and the seller of the tourist package, to which the traveler addresses, must be authorized to carry out their respective activities based on current legislation, including regional or municipal legislation and operate according to what is provided therein. The Organizer and the seller established on Italian territory must be covered by an insurance contract for civil liability in favor of the traveler for compensation for damages deriving from the violation of the respective obligations assumed with the respective contracts. The tourist package organization contracts are supported by insurance policies or bank guarantees which, in the event of insolvency or bankruptcy of the organizer or seller, guarantee, without delay at the request of the traveler, reimbursement of the price paid for the purchase of the package and the immediate return of the traveler in the event that the package includes the transport of the traveler, as well as, if necessary, the payment of board and lodging before the return. This obligation also applies to professionals who facilitate related tourism services, for the reimbursement of all payments they receive from travelers.

3. DEFINITIONS

For the purposes of this contract, the following definitions apply: a) “traveler”: anyone who intends to conclude a contract, enter into a contract or is authorized to travel on the basis of a package travel contract or related tourist service; b) “professional”: any public or private natural or legal person who, in the context of his commercial, industrial, craft or professional activity, acts in the tourist package contracts or related tourist services, also through another person who works in his name or on his behalf, as an organizer, seller, professional who facilitates related tourism services or as a supplier of tourist services, in accordance with current legislation; c) “organizer”: a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits the traveler's data to another professional in accordance with letter c), number 2.4) of art. 33 of the tourism code; d) “seller”: the professional other than the organizer who sells or offers for sale combined packages from an organizer; e) “establishment”: the establishment defined by Article 8, paragraph 1, letter e), of Legislative Decree 26 March 2010, no. 59; f) “durable medium”: any tool that allows the traveler or professional to keep the information that is personally addressed to him in order to be able to access it in the future for a period of time suitable for the purposes for which it is intended and that allows identical reproduction of the information stored; g) “unavoidable and extraordinary circumstances”: a situation beyond the control of the party invoking such a situation and whose consequences would not have been avoided even by adopting all reasonable measures; h) “lack of conformity”: a breach of the tourist services included in a package; i) “minor”: person under the age of 18; l) “return”: the return of the traveler to the place of departure or to another place which was agreed on by the contracting parties. 

4. CONCEPT OF TOURIST PACKAGE AND RELATED TOURIST SERVICES 

4.1. “Tourist package” means the combination of at least two different types of tourist services (i.e.: 1. passenger transport; 2. accommodation that is not an integral part of passenger transport and is not intended for residential purposes or for courses long-term language courses; 3. the rental of cars, other vehicles or motorcycles and which require a category A driving license; 4. any other tourist service which is not an integral part of one of the tourist services referred to in numbers 1), 2) or 3), and is not a financial or insurance service, nor qualifiable as “supplementary tourist service”) for the purposes of the same trip or the same vacation, if at least one of the following conditions occurs: 1) these services are combined by a single professional, also at the request of the traveler or in accordance with his selection, before a single contract is concluded for all services; 2) these services, even if concluded with separate contracts with individual tourism 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 denomination “package” or similar denomination; 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 tourist services, or purchased from distinguished professionals through connected booking processes electronically where the traveler's name, the details of the payment and the e-mail address are sent by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or the latter professionals is concluded at the latest 24 hours after confirming the reservation of the first tourist service; 

4.2. By “connected tourist service” it means at least two different types of tourist services purchased for the same trip or the same holiday, which do not constitute a package, and which involve the conclusion of separate contracts with the individual tourism service providers, if a professional facilitates, alternatively: 1) at the time of a single visit or a single contact with your point of sale, the separate selection and the distinct payment of each tourist service by travelers; 2) the targeted purchase of at least one additional tourist service from another professional when this purchase is completed within 24 hours from the confirmation of the booking of the first tourist service. 

5. INFORMATION TO THE TRAVELER

5.1. Before the conclusion of the tourist package contract or a corresponding offer, the organizer and the seller provide the traveler with the relevant “standard information form” and communicate the following information to the traveler: a) the main characteristics of the tourist 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, places, dates and times of departure and return, the duration and intermediate stopover and connections; in the event that 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, the main characteristics and, where applicable, the tourist category of accommodation in accordance with the regulations of the country of destination; 4) the meals provided; 5) visits, excursions or other services included in the total agreed price of the package; 6) the tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group; 7) the language in which the services are provided; 8) if the trip or vacation is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler; b) the commercial name and the geographical address of the organizer and the seller, their telephone numbers and e-mail addresses; c) the total price of the package including taxes and all rights, duties and other additional costs, including any administrative and management costs of the files, or, if these cannot be reasonably calculated before the conclusion of the contract, an indication the type of additional costs that the traveler may still have to bear; d) the payment methods, including any amount or percentage of the price to be paid as a deposit and the calendar 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 the possible termination of the contract in case of failure to reach the number; f) general information concerning the passport and visa conditions, including the approximate times for obtaining visas and the health formalities of the country of destination; g) information on the faculty for the traveler to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if applicable, the standard withdrawal costs requested by the organizer; h) information on the optional or mandatory subscription of an insurance covering the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including the return, in case of accident, illness or death; i) the details of the protection coverage in the event of insolvency or bankruptcy as well as the insurance contract for civil liability in favor of the traveler; l) information on the identity of the operating air carrier, if not known at the time of booking, due provision of art.11 Reg. Ce 2111 \ 05 (Art. 11, paragraph 2 Reg. Ce 2111/05: “If the identity of the actual air carrier or actual air carriers is not yet known at the time of booking, the air transport contractor ensures that the passenger is informed of the name of the carrier or air carriers that will operate as actual air carriers for the flight or flights In this case, the air transport contractor will ensure that the passenger is informed of the identity of the actual carrier or air carriers as soon as their identity has been ascertained and their possible operating ban in the European Union” 

5.2. In consideration of the large advance with which the information relating to the methods of use of the services are published, it should be noted that the timetables and routes of the flights indicated in the acceptance of the proposal to buy and sell the services may be subject to change since they are subject to subsequent validation; the final flight times will be communicated in the days prior to departure and return. It should be noted that charter flights are not, by definition, subject to systematic hourly scheduling.

5.4. As provided for by Article 6.2 of EC Regulation 2027/97, passengers will be requested to provide information on the provisions relating to the liability of the Community air carrier for damage from death, injury and personal injury, on insurance coverage obligations, as well as information on the timing of advance payments to the natural person entitled to compensation.

6. PURCHASE PROPOSAL - RESERVATIONS

6.1 At the time of conclusion of the package travel contract or, in any case, as soon as possible, the organizer or the seller, provides the traveler with a copy or confirmation of the contract on a durable medium.

6.2 The traveler has the right to a hard copy if the tourist package contract has been stipulated in the simultaneous physical presence of the parties.

6.3 As for contracts negotiated outside business premises, defined in art. 45 c. 1, letter h), of the legislative decree 206/2005, a copy or confirmation of the package travel contract is provided to the traveler on paper or if the traveler agrees, on another durable medium.

6.4. The package travel contract is considered completed, with the consequent conclusion of the contract, only when the organizer will send confirmation, also by means of an electronic system, to the traveler at the seller.

6.5. Before booking, the traveler must notify the seller of any specific requests that are considered by the subject of the contract only, if possible, reported by writing them in the contract and then accepted by the organizer.

6.6. The travel documents (e.g. vouchers) will be delivered to the traveler a fair time before departure and the traveler must keep them and take them with him during the journey, in order to take advantage of the regularly booked services, together with any other documents (e.g. airline tickets) delivered by the seller. The traveler is required to verify if the data contained in the aforementioned documents and the travel contract is correct and to immediately notify the seller of any errors. The traveler must communicate the data of the participants to the organizer exactly as reported on the personal identity documents.

6.7. Any excursions, services or services purchased and paid for by travelers at their destination are unrelated to this contract. Therefore, no responsibility for this can be ascribed to the organizer or the seller, even in the event that as a courtesy, resident staff, escorts, guides or local correspondents can take care of their booking.

7. PAYMENTS 

7.1. When signing the contract, the following must be paid: a) the registration or management fee (see art. 8); b) down payment to the extent indicated by the organizer or seller. The balance must be paid without delay within the deadline established by the organizer in its catalog or in the booking confirmation.

7.2. Failure to pay the above sums, on the established dates, as well as the failure to return the sums paid by the traveler to the organizer to the organizer will result in the automatic termination of the contract right to be operated by simple written communication, by fax or e-mail., to the seller, or to its electronic domicile, where communicated, by the traveler. The payoff of the price is considered to have taken place when the sums reach the organizer directly from the traveler or through the seller. 

8. PRICE AND PRICE REVIEW

8.1 The price of the tourist package is determined by the contract, with reference to what is indicated in the catalog or on the organizer's website, or out-of-catalog/customized program and to any updates of the same catalogs or out-of-catalog programs subsequently intervened, or on the Operator's website. It may be varied, up or down, only as a consequence of changes in: - the price of passenger transport based on the cost of fuel and other sources of energy; - the level of fees and taxes on tourism services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation or boarding fees in ports and airports; - exchange rates relevant to the package in question. A price increase is possible only upon communication on a durable medium by the organizer to the traveler together with the justification for this increase and the calculation methods, at least 20 days before the start of the package. If the price increase exceeds 8% of the total package price, the following point 9.2 applies. in the event of a price decrease, the organizer has the right to deduct the administrative and management costs of the actual reimbursement procedures due to the traveler, of which he is required to provide proof at the traveler's request.

8.2. The price consists of: a) registration fee or practice management fee; b) participation fee: expressed in the catalog or in the package price provided by the seller to the traveler; c) cost of any insurance policies against the risks of cancellation, withdrawal and/or medical expenses or other services requested; d) cost of any visas and entry and exit taxes from the countries half of the holiday; e) airport and/or port charges and taxes.

9. MODIFICATION, WITHDRAWAL OF THE ORGANIZER OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE

9.1 Before the start of the package, the organizer can unilaterally modify the conditions of the contract other than the price, provided that these are minor changes, communicating them to the traveler on a durable medium, including through the seller.

9.2 If, before the start of the package, the organizer is forced to significantly modify one or more main characteristics of the tourist services or cannot satisfy the specific requests previously accepted and expressly reported in the contract or proposes to increase the price of the package of more than 8% the traveler, within a reasonable period specified by the organizer at the same time as the notification of change, can accept the proposed change or withdraw from the contract without paying withdrawal costs. In case of withdrawal, the organizer can offer the traveler a replacement package of equivalent or higher quality. The change notification indicates the proposed changes to the traveler, their impact on the package price, the deadline by which the traveler is required to inform the organizer of his decision and the consequences of the traveler's failure to respond within the aforementioned period, as well as the possible replacement package offered and its price.

9.3. If the changes to the package travel contract or the replacement package result in a lower quality or lower cost package, the traveler is entitled to an appropriate price reduction.

9.4. In case of withdrawal from the tourist package contract pursuant to the previous paragraph, if the traveler does not accept a replacement package, the organizer reimburses without undue delay and in any case within fourteen days of withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of art. 43, paragraphs 2, 3, 4, 5, 6, 7, 8 tourism code.

9.5. The organizer can 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 registered for the package is less than the minimum required by the contract and in any case no later than 20 days before the start of the package in the case of trips lasting more than 6 days, 7 days before the start of the package in the case of trips lasting between 2 and 6 days, of 48 hours before the start of the package in the case of trips lasting less than 2 days; b) the organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the traveler without undue delay before the start of the package.

10. WITHDRAWAL OF THE TRAVELER

10.1 The traveler can withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if applicable, the standard withdrawal costs (cancellation penalties) provided by the organizer, which depend on the chosen destination and the time when the traveler withdraws from the departure date. In the absence of specification of the standard withdrawal costs, the amount of the withdrawal costs corresponds to the package price decreased by the cost savings of the revenues that derive from the reallocation of tourist services.

10.2. The traveler can take out insurance policies to cover the aforementioned unilateral withdrawal costs by the traveler or the assistance costs, including the return, in case of accident, illness or death. Based on the package chosen, the organizer informs the traveler about the optional or mandatory subscription of these insurances. 

10.3. The costs of withdrawal are not due for the hypotheses provided for in the previous article 9.2. In the event of unavoidable and extraordinary circumstances that occurred in the place of destination or in its immediate vicinity and which 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 costs, and to the full reimbursement of the payments made for the package, but he is not entitled to additional compensation. 

10.4 In the case of contracts negotiated outside commercial premises (as defined by art.45 c. 1 letter h) consumer code), the traveler has the right to withdraw from the contract for the sale of a tourist package within a period of 5 days from the date the conclusion of the contract or from the date on which it receives the contractual conditions and preliminary information if later, without penalties and without giving any reason. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal.

11. CHANGES AFTER DEPARTURE

11.1 If due to circumstances beyond the control of the organizer it is impossible to provide, during the execution of the contract, a substantial part, by value or quality of the combination of the tourist services agreed in the package travel contract, the organizer offers, without supplement of price to be paid by the traveler, adequate alternative solutions of quality, where possible equivalent or higher, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler to the place of departure is not provided as agreed. If the proposed alternative solutions entail a lower quality package than that specified in the tourist package contract, the organizer grants the traveler an adequate price reduction. 

11.2. The traveler can reject the proposed alternative solutions only if they are not comparable to what was agreed in the package travel contract or if the reduction in the price granted is inadequate. 

11.3. If it is impossible to provide alternative solutions or the traveler rejects the proposed alternative solutions, in accordance with what indicated in point 1, the traveler is recognized a reduction in the price. In case of non-fulfillment of the offer obligation, point 15.5 applies 

11.4. Where, due to circumstances not attributable to the organizer, it is impossible to ensure the return of the traveler as agreed in the package travel contract, points 15.6 and 15.7 apply. 

12. REPLACEMENTS AND TRANSFER OF THE CONTRACT TO ANOTHER TRAVELER 

12.1 The traveler can have another person replace himself, provided that: a) the organizer is informed of it no later than seven days before the start of the package; b) the person to whom he intends to assign the contract meets all the conditions for the use of the service and in particular the requirements relating to the passport, visas, health certificates; c) the services themselves or other replacement services can be provided following the replacement; d) all administrative and practical management expenses are paid to the organizer to proceed with the replacement, to the extent that will be quantified before the assignment, providing, at the request of the assignor, the claim relating to the rights, taxes or other additional costs resulting from the assignment . Transfer costs could include, for example, the purchase of new tickets at the rate available and in force at the time of the transfer request; it should be noted that the costs of the ticket office are subject to continuous changes and price fluctuations and depend on the booking class, the availability of flight seats, the type of fare, the flight class, the issue date and the flight date. 

12.2. The transferor and the transferee of the package travel contract are jointly and severally liable for the payment of the balance of the price and for any rights, taxes and other additional costs, including any administrative and management costs of the practices resulting from this transfer. 

12.3. In application of art. 944 of the Navigation Code, replacement will be possible only with the carrier's consent. 

12.4 If the traveler requests the variation of an element and/tourist service of a practice already confirmed and provided that the request does not constitute contractual novation and provided that its implementation is possible, he will have to pay the organizer the administrative and practical management costs and the costs resulting from the modification itself (in the event that air tickets must be reissued, the transfer will entail the application of the air fare available on that date). 

13. OBLIGATIONS OF TRAVELERS 

13.1. During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided with general information - updated on the date of printing of the catalog - concerning the conditions relating to passports and visas, including the approximate times for obtaining the visas and health formalities in the country of destinatio 

13.2. For the rules relating to the expatriation of Italian minors, please refer specifically to what is indicated on the State Police website. However, it should be noted that minors must have an individual document valid for expatriation (passport, or for EU countries, identity card valid for expatriation with indication of the parents' names). Minors under the age of 14 and minors for whom an Authorization issued by the Judicial Authority is required, must follow the instructions indicated on the State Police website http:// www.poliziadistato.it/articolo/191/. 

13.3. Foreign citizens must be in possession of an individual passport and any entry visa and will be able to find the necessary and updated information through their diplomatic representations present in Italy and/or their respective official government information channels. 

13.4 Before leaving, travelers will check with the competent authorities (for Italian citizens the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operational Center at 06.491115) that their documents are in compliance with the indications provided and to adapt in good time before the start of the package. In the absence of such verification, no responsibility for the non-departure of one or more travelers can be attributed to the seller or the organizer. 

13.5 Travelers must in any case inform the seller and the organizer of their citizenship before the booking request and, at the time of departure, must ensure that they have vaccination certificates, an individual passport and any other document valid for all Countries affected by the itinerary, as well as residence, transit and health certificates that may be required. 

13.6. In order to evaluate the socio-political, health and any other useful information relating to the countries and places of destination and in their immediate vicinity and, therefore, the objective usability of the services purchased or to be purchased and any substantial impact on the execution of the package, the traveler will have the burden of assuming the official general information at the Ministry of Foreign Affairs, and disclosed through the institutional website of the Farnesina www.viaggiaresicuri.itThe above information cannot be contained in the organizers' catalogs - online or on paper - as they contain general descriptive information and not information subject to change by official authorities. The updated information must therefore be taken by travelers, displaying all the information on the website of the Ministry of Foreign www.viaggiaresicuri.it (“Countries”, “traveling health” and “warnings” tabs). The traveler is required on the basis of the principle of diligence of the good father of the family to verify the correctness of his personal documents and any minors, as well as to obtain valid documents for expatriation according to the rules of his State and the conventions that regulate the matter. The traveler must carry out the related formalities also considering that the seller or the organizer is not obliged to obtain visas or documents. 

13.7. If, on the booking date, the chosen destination is, from the institutional information channels, a location is subject to a “warning” or “ warning for security reasons”, the traveler who subsequently exercises the withdrawal cannot invoke, for the purposes of exemption or reduction of the compensation request for withdrawal, the termination of the contractual cause related to the country's security conditions. 

13.8. Travelers must comply with the rules of normal prudence and diligence and with the specific rules in force in the travel destination countries, with all information provided to them by the organizer, as well as with regulations, administrative or legislative provisions relating to the tourist package. Travelers will be called to answer for all the damages that the organizer and/or the seller should also suffer due to the failure to comply with the above obligations, including the costs necessary for their repatriation. In addition, the organizer can ask the traveler to pay a reasonable cost for the assistance provided, if the problem is intentionally caused by the traveler or through his fault, within the limits of the expenses incurred. 

13.9. The traveler is required to provide the organizer or seller with all the documents, information and elements in his possession useful for exercising the right of recourse against the subjects who caused or contributed to the occurrence of the circumstances or the event. from which the compensation, the price reduction, the compensation or other obligations in question are derived as well as the subjects required to provide assistance and accommodation services under other provisions, in the event that the traveler cannot return to the place of departure, as well as for the exercise of the right of subrogation towards third parties responsible for the damage and is responsible towards the organizer for the damage caused to the right of subrogation. 

13.10. The traveler must always promptly communicate to the organizer, also through the seller, any lack of conformity found during the execution of the package, as indicated in the following article 15. 

14. HOTEL CLASSIFICATION 

The official classification of the hotel facilities is provided in the catalog or in other informative material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the EU member countries to which the service refers, or in the event of structures marketed as “Tourist Village”, the organizer reserves the right to provide a catalog or brochure in its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of the same by the traveler. 

15. RESPONSIBILITY OF THE ORGANIZER FOR INACCURATE EXECUTION OF THE PACKAGE 

15.1 Pursuant to art. 42 of the tourism code, the organizer is responsible for the execution of all the tourist services provided for in the tourist package contract, regardless of whether these tourist services must be provided by the organizer himself, by his auxiliaries or supervisors when they act in the exercise of their functions, by third parties whose work it makes use of or by other tourism service providers, pursuant to art. 1228 of the civil code. 

15.2. The traveler, pursuant to articles 1175 and 1375 of the civil code, informs the organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service foreseen by the contract of tourist package. 

15.3. If one of the tourist services is not carried out as agreed in the package travel contract, the organizer remedies the lack of conformity, unless this is impossible or is excessively expensive, taking into account the extent of the lack of conformity and the value. tourist services affected by the defect. If the organizer does not remedy the defect, point 16 applies. 

15.4. Without prejudice to the exceptions referred to in the previous paragraph, 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, with the dispute made promptly pursuant to point 13.2, the traveler can personally remedy the defect and request reimbursement of the necessary expenses, provided that they are reasonable and documented; if the organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveler does not need to specify a term.

15.5. If a lack of conformity, pursuant to article 1455 of the civil code, constitutes a non-negligible breach of the tourist services included in a package and the organizer has not remedied it within a reasonable period established by the traveler in relation to the duration and characteristics of the package, with the dispute made pursuant to point 15.2, the traveler can, without charge, terminate the tourist package contract by right and with immediate effect or, if necessary, request, pursuant to the following point 16, a reduction of the price, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the transportation of passengers, the organizer also provides for the return of the traveler with an equivalent transport without undue delay and without additional costs for the traveler.

15.6. Where it is impossible to ensure the return of the traveler, the organizer 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 3 nights per traveler or for the longest period possibly European Union legislation on passenger rights, applicable to the relevant means of transport. 

15.7. The cost limitation referred to in paragraph 15.6 above does not apply to persons with reduced mobility, defined by art. 2, par. 1, letter a), of Reg. (CE) n. 1107/2006, and their companions, pregnant women, unaccompanied minors and people in need of specific medical assistance, provided that the organizer has received communication of their particular needs at least 48 hours before the start of the package. 

16. PRICE REDUCTION AND COMPENSATION FOR DAMAGES 

16.1. The traveler is entitled to an adequate reduction in the price for the period during which there has been a lack of conformity, unless the organizer proves that this defect is attributable to the traveler. 

16.2. The traveler has the right to receive adequate compensation from the organizer for any damage he may have suffered as a result of a lack of conformity. 

16.3 Compensation for damages is not recognized to the traveler if the organizer proves that the lack of conformity is attributable to the traveler or to a third party unrelated to the supply of the tourist services included in the package travel contract and is unpredictable or inevitable or due to unavoidable circumstances and extraordinary. 

16.4. The organizers are subject to the limitations provided by the international conventions in force that bind Italy or the EU, relating to the extent of compensation or the conditions to which it is due by a supplier who provides a tourist service included in a package. 

16.5. The package travel contract may provide for the limitation of compensation due by the organizer, except for damages to the person or those caused intentionally or through fault, provided that this limitation is not less than three times the total price of the package. 16.6. Compensation or price reduction granted under the tourism code and compensation or price reduction granted under other EU regulations and applicable international conventions must be deducted from each other. 

17. ASSISTANCE OBLIGATION 

17.1 The organizer provides adequate assistance without delay to the traveler who is in difficulty even in the circumstances referred to in point 15.7, in particular by providing the appropriate information regarding health services, local authorities and consular assistance and assisting the traveler in make remote communications and help him find alternative tourist services. 

17.2 The traveler can send messages, requests or complaints relating to the execution of the package directly to the seller through whom he purchased it, who, in turn, forward such messages, requests or complaints to the organizer promptly. 

18. RESPONSIBILITY OF THE SELLER 

The seller must indicate his quality and is exclusively responsible for the execution of the mandate given to him by the traveler with the travel brokerage contract, regardless of whether the service is rendered by the seller himself, by his auxiliaries or supervisors when they act in the exercise of their functions or by the third parties whose work they avail themselves of, since the fulfillment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity. 

19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS 

If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking at the organizer's or seller's offices to cover the costs of withdrawal (always due except for the specific exceptions provided for by the tourism code) of which in point 10, as well as those deriving from accidents and/or illnesses which also cover repatriation costs and for the loss and/or damage to baggage. The rights arising from insurance contracts must be exercised by the traveler directly towards the contracting Insurance Companies, under the conditions and in the manner provided in the policies themselves, paying particular attention to the timing for the opening of the accident, the deductibles, limitations and exclusions. The insurance contract between the traveler and the insurance company has the force of law between the parties and has its effects between the traveler and the insurance company pursuant to art. 1905 c.c. At the time of booking, travelers must communicate to the seller any specific needs or problems for which the issue of policies other than those proposed or included in the package price should become necessary and/or appropriate. 

20. ALTERNATIVE TOOLS FOR DISPUTE RESOLUTION

The organizer will provide the traveler with information about any existing complaint handling procedures and alternative dispute resolution mechanisms (ADR - Alternative Dispute Resolution), pursuant to Legislative Decree 6 September 2005, n. 206 and, if present, to the ADR body from which the professional is disciplined and to the online dispute resolution platform pursuant to Regulation (EU) no. 524/2013. 

21. GUARANTEES TO THE TRAVELER 

21.1. The organizer and the seller established in Italy are covered by a civil liability insurance contract in favor of the traveler for compensation for damages deriving from the violation of the respective obligations assumed with the respective contracts. 

21.2. The travel package organization contracts are supported by insurance policies or bank guarantees which, for travel abroad and travel that take place within a single country, including travel to Italy, in the event of insolvency or bankruptcy of the organizer or the seller guarantee, without delay at the request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler if the package includes the transport of the traveler, as well as, if necessary, payment food and lodging before returning. As an alternative to reimbursement of the price or immediate return, the continuation of the package can be offered to the traveler in the manner set out in articles 40 and 42 of the tourism code. 

21.3 The same guarantees are provided by professionals who facilitate related tourist services for the reimbursement of all payments they receive from travelers, insofar as a tourist service that is part of a connected tourist service is not carried out due to the state of insolvency or bankruptcy of professionals. 

INDIVIDUAL TOURIST SERVICES AND RELATED TOURIST SERVICES 

A) Contracts concerning the offer of only the transport service, of the accommodation service only, or of any other separate tourist service, cannot be configured as a negotiation of travel organization or tourist package, do not enjoy the protections provided by the tourism code and the contractual conditions of the single supplier will apply. The description of the excursion (online or on paper), or in the separate excursion program, as well as the booking confirmation sent by Sportoutdoor Viaggi Srl are an integral part of the contract. The responsibility for the correct fulfillment of the contract lies with the service provider. In the case of booking related tourist services, the traveler has a protection aimed at reimbursing payments received for services not provided due to the insolvency of the professional who collected the sums paid by the traveler. 

The seller who undertakes to provide a disaggregated tourist service to third parties, also electronically, is required to provide the tourist with the documents relating to the service in question. 

B) CONTRACT CONDITIONS

These contracts also include the following clauses of the general conditions of sale of tourist packages above: art. 6 paragraph 1, 4, 5, 6; art. 9 paragraph 1, 3, 4, 5; art. 10 paragraph 1. The application of clauses absolutely does not determine the configuration of the services as a tourist package. The terminology of the aforementioned clauses to the tourist package contract (organizer, travel, etc.) must be considered with reference to the figures of the sales contract for individual tourist services (seller, stay, etc.).

INFORMATION PURSUANT TO REG. (CE) n. 2027/97 Compensation in the event of death or injury: there are no financial limits of liability in the event of injury or death of the passenger. For damages up to 100,000 SDRs (equivalent to about 121,000 Euro) the air carrier cannot contest claims for compensation. Beyond this amount, the air carrier can contest a claim for compensation only if it is able to prove that the damage is not attributable to it - Payment advances: in the event of injury or death of a passenger, the carrier must pay within 15 days from the identification of the person entitled to compensation, an advance payment to meet immediate economic needs. In the event of death, the advance cannot be less than 16,000 SDRs (equivalent to approximately 19,400 Euro) - delays in passenger transport: In case of delay, the carrier is responsible for the damage unless it has taken all measures possible to avoid it or that it was impossible to take such measures. Liability for damage is limited to 4,150 SDRs (equivalent to approximately 5000 Euro) - Delays in transporting baggage: In case of delay, the air carrier is responsible for the damage unless it has taken all possible measures to avoid it or that it was impossible to take such measures. Liability for damage is limited to 1,000 SDRs (equivalent to approximately 1200 Euro) - Destruction, loss or damage of baggage: The air carrier is liable for destruction, loss or damage of luggage up to 1,000 SDRs (equivalent to approximately 1200 EUR). In the case of checked baggage, the air carrier is liable for the damage even if its behavior is free of fault, unless there is a defect inherent in the baggage itself. As regards unchecked baggage, the air carrier is liable only if the damage is attributable to it - Higher baggage liability limits: Passengers can benefit from a higher liability limit by issuing a special declaration, at the latest at the latest. at the time of check-in, and paying a supplement - Baggage claims: In the event of damage, delay, loss or destruction during baggage transportation, the passenger must make a written complaint to the carrier as soon as possible. In the event that the checked baggage is damaged, the passenger must lodge a complaint in writing within 7 days, and in case of delay within 21 days, from the date on which the baggage was made available to the passenger - Responsibility of the contracting carrier and the Actual carrier: If the air carrier operating the flight is not the contracting air carrier, the passenger has the right to file a claim for compensation or a claim to both. If the name or code of an air carrier appears on the ticket, this air carrier is the contracting carrier - Terms for compensation: Legal proceedings must be brought within two years from the date of arrival or from the date on which the flight should have arrived. 

MANDATORY COMMUNICATION

Mandatory communication pursuant to art. 17 of Law 38/2006 “Italian law punishes crimes involving prostitution and child pornography with imprisonment, even if committed abroad”. 

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