General terms and conditions of sale of package tours

Subject matter and content of the contract for the sale of the package tour

Itineraris s.r.l. carries out the activity of organization and sale of package tours and the intermediation of individual tourist services.

In addition to the following general conditions, the description of the package tours 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 art. 36 paragraph 8 of the Tourism Code, are an integral part of the travel contract. When the contract is intermediated by a Travel Agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as agent of the Traveller and the Traveller will be entitled to receive it from the same. In signing the proposal to buy and sell a package tour, the Traveller expressly declares to have understood and accepted, for himself and for those for whom he requests the all-inclusive service, both the travel contract as regulated therein, and the warnings contained therein, as well as these general conditions.

1) Legislative sources

The sale of package tours, which have as their object services to be provided both nationally and internationally, is governed by Articles 32-51 novies of Legislative Decree no. 79 of 23 May 2011 (cd. “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 transport, service contract and mandate, as applicable, and the Navigation Code (R.D. no. 327 of 30.03.1942).

2) Administrative Regime

The organiser and the intermediary of the package tour, to which the traveller refers, must be authorised to carry out their respective activities according to the legislation in force, including regional or municipal legislation, given their specific competence.

Before the conclusion of the contract, the Organiser and the intermediary shall inform third parties of the details of the insurance policy for the coverage of risks deriving from professional liability, as well as the details of other optional or obligatory guarantee policies for the protection of travellers for the coverage of events that may affect the carrying out or execution of the holiday, such as cancellation of the trip, or coverage of medical expenses, early return, loss or damage to luggage, as well as the details of the guarantee against the risk of insolvency or bankruptcy of the organiser and the intermediary, each to the extent of its competence, for the purpose of returning the sums paid or the return of the traveller to the place of departure where the package includes the transport service.

Pursuant to art. 18, paragraph VI, of the Tourism Code, the use in the name or company name of the words “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other words and phrases, even in foreign languages, of a similar nature, is allowed only to the authorized companies referred to in the first paragraph.

3) Definitions

For the purposes of the package tour contract, this is understood to mean

  1. (a) professional means any public or private natural or legal person who, in the context of his commercial, industrial, craft or professional activity in organised tourism contracts, acts, including through another person acting in his name or on his behalf, as an organiser, seller, trader facilitating related tourist services or provider of tourist services, in accordance with the regulations set out in the Tourism Code
  2. (b) organiser means a trader who combines packages and sells or offers them for sale either directly or through or together with another trader, or the trader who transmits the traveller’s data to another trader
  3. (c) seller means the trader, other than the organiser, who sells or offers for sale combined packages from an organiser
  4. (d) Traveller means any person who intends to conclude a contract, or is authorised to travel under a contract concluded, within the scope of the Organised Tourism Contracts Act
  5. (e) establishment means the establishment defined in Article 8(e) of Legislative Decree No 59 of 26 March 2010
  6. (f) durable medium means any instrument which enables the traveller or the trader to store information addressed personally to him/her in a way accessible for future reference for a period of time adequate for the purposes for which it is intended and which allows the unchanged reproduction of stored information
  7. (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
  8. (h) lack of conformity means a failure to provide tourist services included in a package
  9. (i) point of sale means any premises, mobile or immovable, used for retail sale or retail website or similar online sales tool, even where retail websites or online sales tools are presented to travellers as a single tool, including telephone service
  10. (l) repatriation, the return of the traveller to the place of departure or another place agreed by the Contracting Parties.

4) Concept of package tour

The concept of a package tour is as follows:

the combination of at least two different types of tourist services, such as: l. passenger transport; 2. accommodation which does not form an integral part of passenger transport and is not intended for residential purposes, or for long-term language courses; 3. car, other vehicle or motor vehicle rental requiring a category A driving licence; 4.  any other tourist service which does not form an integral part of one of the tourist services referred to under 1), 2) or 3), and is not a financial or insurance service, for the purposes of the same journey or holiday, if at least one of the following conditions is fulfilled:

  1. (l) those services are combined by a single professional, including at the request of the traveller or in accordance with a selection thereof, before a single contract is concluded for all services;

(2) such services, even if concluded under separate contracts with individual suppliers, are:

2.1. purchased from a single point of sale and selected before the traveller consents to payment;

2.2) offered, sold or invoiced at a flat-rate or global price;

2.3) advertised or sold under the name ‘package’ or similar name;

(2.4) combined after the conclusion of a contract with which the trader allows the traveller to choose between a selection of different types of tourist services or purchased from separate professionals 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 professionals and the contract with the latter professional(s) is concluded at the latest 24 hours after confirmation of the booking of the first tourist service.

5) Pre-contractual information to the traveller (art. 34 Tourism Code)

  1. Prior to the conclusion of the tourist package contract or a corresponding offer, the organiser and, where the package is sold through a seller, the latter shall also provide the traveller with the relevant standard information form set out in Annex A, Part I or Part II of the Tourism Code, as well as the following information:
    (a) the main characteristics of the tourist services, such as:

(1) the destination(s) of the trip, the itinerary and periods of stay with 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, duration and intermediate stopover and connections; where the exact time is not yet fixed, the organiser and, where appropriate, the seller, shall inform the traveller of the approximate time of departure and return;

3) the location, main features and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;

4) the meals provided;

5) the visits, excursions or other services included in the total agreed price of the package;

6) the tourist services provided to the traveller as a member of a group and, if so, the approximate size of the group;

7) the language in which the services are provided;

8) whether the trip or holiday is suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday taking into account the needs of the traveller;

(b) the trade name and geographical address of the organiser and, where applicable, of the seller, their telephone numbers and e-mail addresses;

  1. c) the total price of the package including taxes and all duties, taxes and other additional costs, including any administrative and 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 incur;
  • d) the method of payment, including the amount or percentage of the price to be paid as a down payment, if any, and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the traveller;
  • 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 termination of the contract if the number is not reached;
  • f) general information concerning passport and visa requirements, including approximate time limits for obtaining visas and health formalities in 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 against payment of appropriate withdrawal charges, or, if applicable, the standard withdrawal charges required by the organiser in accordance with Article 41, paragraph 1 of the Tourism Code
  1. h) information on the optional or compulsory subscription of an insurance policy covering the cost of unilateral withdrawal from the contract by the traveller or the cost of assistance, including return, in the event of accident, illness or death;
  • i) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 of the Tourism Code.
    For package tour contracts referred to in Article 33, paragraph 1, letter d), concluded by telephone, the organiser or the professional 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.

6) Conclusion of the tourist package contract (art. 36 Tourism Code)

  1. The proposal for the purchase and sale of a tourist package must be drawn up on the appropriate contract form, if necessary electronic or, in any case, on a durable medium, filled in every part and signed by the customer, who will receive a copy. Acceptance of the proposal for the sale of the tourist package is understood to be finalised, with the consequent conclusion of the contract, only when the organiser will send confirmation, even by computer system, to the traveller at the seller Travel Agency, which will take care of the delivery to the traveller. Any information relating to the tourist package not contained in the contractual documents, brochures or other written means of communication, will be provided by the organiser, in regular fulfilment of its obligations under art. 36, paragraph 8, Tourism Code, before the start of the trip.
    Special requests for the provision and execution of certain services included in the tourist package, including the need for assistance at the airport for people with reduced mobility, the request for special meals on board or in the place of stay, must be made during the booking request and must be the subject of a specific agreement between the Traveller and the Organiser, through the mandated Travel Agency.
    3. In case of contracts negotiated off business premises, the Traveller has the right to withdraw from the package tour contract within a period of five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information if later, without penalty and without giving any reasons. In the case of offers with significantly lower fares than the current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price variation by 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 contract, when signing the proposal to purchase the tourist package must be paid for:
  • a) the registration fee or practical management (see art.8 below);
  • b) down payment of the price of the tourist package published in the catalogue or in the package quotation provided by the Organiser. The balance must be paid within the deadline established by the Tour Operator in its catalogue or in the booking confirmation of the tourist package requested;
  • For bookings made after the date indicated as the deadline for making the balance, the entire amount must be paid at the time of signing the purchase proposal;
  • The non-payment of the above mentioned amounts, on the established dates, as well as the failure to remit to the Tour Operator the amounts paid by the Traveller to the Seller Agency, and without prejudice to any warranty actions pursuant to art. 47 of the Tourism Code against the latter, constitutes an express termination clause pursuant to art. 1456 of the Italian Civil Code such as to determine the legal termination to be made by simple written communication, by fax or e-mail, at the Seller Agency, or at the domicile of the Traveller, including electronic, if communicated. The balance of the price is considered to have been paid when the amounts are received by the organiser directly from the traveller or through the intermediary Travel Agency by the traveller chosen.

8) Price (art. 39 Tourism Code)

  1. The price of the tourist package is determined in the contract, with reference to what is indicated in the catalogue, or out-of-catalogue programme and any updates of the same catalogues or out-of-catalogue programmes that have been subsequently made, or on the Operator’s website.
    After the conclusion of the tourist package contract, prices may be increased by what is indicated by the Organiser, with a maximum of 8% only if the contract expressly provides for this and specifies that the traveller is entitled to a corresponding reduction of the price, as well as the method of calculating the price revision. In this case, the traveller is entitled to a reduction in the price corresponding to the reduction in costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the start of the package.
    3. Price increases shall be possible only as a result of changes concerning:
  • (a) the price of passenger transport as a function of 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 embarkation taxes at ports and airports;
  • (c) the exchange rates relevant to the package.
    If the price increase referred to in this article exceeds 8% of the total price of the package, Article 40, paragraphs 2, 3, 4 and 5 of the Tourism Code shall apply.
    5. A price increase, regardless of its amount, is only possible after the organiser has given the traveller a clear and precise communication on a durable medium, together with the justification for the increase and the method of calculation, at least twenty days before the start of the package.
    6. In case of a price reduction, the organiser is entitled to deduct the actual administrative and handling costs from the reimbursement due to the traveller, of which he must provide proof at the traveller’s request.

9) Modification or cancellation of the tourist package before departure (art. 40 Tourism Code)

  1. Before the start of the package, the organiser may not unilaterally modify the conditions of the contract other than the price in accordance with Article 39, unless he has reserved this right in the contract and the modification is of minor importance. The organiser shall communicate the change to the traveller clearly and precisely on a durable medium.
    If, before the start of the package, the organiser is forced to significantly change one or more of the main characteristics of the tourist 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% in accordance with article 39, paragraph 3, the traveller may, within a reasonable period specified by the organiser, either accept the proposed change or withdraw from the contract without paying any withdrawal costs. In case of withdrawal, the organiser may offer the traveller a replacement package of equivalent or higher quality.
    3. The organiser shall, without undue delay, inform the traveller clearly and precisely on a durable medium:
    a) the proposed changes referred to in paragraph 2 and their impact on the price of the package in accordance with paragraph 4;
  • b) a reasonable period within which the traveller must inform the organiser of his decision pursuant to paragraph 2;
  • c) the consequences of the traveller’s failure to reply within the period referred to in letter b) and any replacement package offered and its price.
    If the changes to the tourist package contract or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
    5. In case of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveller does not accept a replacement package, the organiser will reimburse without undue delay and in any case 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 Tourism Code apply.

10) Traveller’s withdrawal (art. 41 Tourism Code)

1) The traveller may withdraw from the tourist package contract at any time before the start of the package, in return for reimbursement to the organiser of the expenses incurred, adequate and justifiable, the amount of which the organiser shall give reasons for to the traveller who so requests.
2. The tourist package contract may provide for standard penalties for reasonable withdrawal, calculated on the basis of the time of withdrawal from the contract and the expected cost savings and expected income from the reallocation of tourist services.
3. In the absence of specification of the standard withdrawal penalties, the amount of the withdrawal penalties shall correspond to the price of the package less the cost savings and the expected income from the reallocation of tourist services.
4. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity which have a substantial impact on the performance of the package or the transport of passengers to the destination, the traveller shall be entitled to withdraw from the contract, before the start of the package, without payment of withdrawal charges, and to full reimbursement of the payments made for the package, but shall not be entitled to additional compensation.
5. The organiser may withdraw from the package contract and offer the traveller full reimbursement of the payments made for the package, but is not obliged to pay additional compensation if:
a) the number of persons registered for the package is less than the minimum specified in the contract and the organiser notifies the traveller of the withdrawal from the contract within the period specified in the contract and in any case no later than twenty days before the start of the package in the case of journeys lasting more than six days, seven days before the start of the package in the case of journeys lasting between two and six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;
b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveller without undue delay before the start of the package.
6. The organiser shall proceed with all refunds prescribed in paragraphs 4 and 5 or, with regard to paragraphs 1, 2 and 3, reimburse any payment made by or on behalf of the traveller for the package after deducting the appropriate expenses, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the termination of functionally related contracts concluded with third parties shall be determined.

11) Replacement and transfer of the tourist package to another traveller (art. 38 Tourism Code)

  1. The traveller may, subject to prior notice given to the organiser on a durable medium no later than seven days before the start of the package, transfer the package contract to a person who meets all the conditions for the use of the service.
    The transferor and the assignee of the package tour contract are jointly and severally liable for the payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and handling costs, resulting from such transfer.
    3. The organiser shall inform the transferor of the actual costs of the transfer, which cannot be unreasonable and which do not exceed the costs actually incurred by the organiser as a result of the transfer of the package tour contract, and provide the transferor with proof of the rights, taxes or other additional costs resulting from the transfer of the contract.
    4. In any case, the Traveller who requests the variation of an element related to a practice already confirmed, provided that the request does not constitute a contractual novation and provided that it is possible to implement it, will pay the Tour Operator, in addition to the costs resulting from the change itself, a fixed flat rate cost.

12) Travellers’ obligations

  1. During negotiations and in any case before the conclusion of the contract, the Traveller shall be provided in writing with general information concerning passports and visas and the health formalities required for expatriation.
    2. For the rules regarding the expatriation of minors, please refer expressly to the State Police website. It should be noted, however, that minors must be in possession of a personal document valid for expatriation or passport, or for EU countries, even an identity card valid for expatriation. As regards the expatriation of minors under 14 years of age and the expatriation of minors for whom the Authorization issued by the Judicial Authority is necessary, the prescriptions indicated on the State Police website http://www.poliziadistato.it/articolo/191/ must be followed.
    3. Travellers should in any case find the corresponding information through their diplomatic representations and/or their respective official government information channels. In any case, prior to departure, travellers will check that the information is up-to-date 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 Centre at 06.491115) and will make sure that it is updated before the trip. In the absence of such verification, no responsibility for the non-departure of one or more travellers can be attributed to the Seller Agency or the organiser.
    4. Travellers must in any case inform the seller and the organiser of their nationality when requesting the booking of the tourist package or tourist service and, at the time of departure, they must make sure that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries affected 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 and any other useful information related to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveller will have the burden of assuming the official information of a general nature at the Ministry of Foreign Affairs, and disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it.
    The above information is not contained in the T.O.  catalogues. – online or on paper – since they contain descriptive information of a general nature as indicated in the information brochure and not temporally changing information. Therefore, they must be assumed by the Travellers. Travellers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of destination of the trip, all the information provided to them by the organiser, as well as the regulations and administrative or legislative provisions relating to the tourist package. Travellers will be liable for all damages that the organiser and/or the seller may suffer also due to failure to comply with the above mentioned obligations, including the expenses necessary for their repatriation.
    6. The organiser or seller who has granted compensation or price reduction, or paid compensation for damages or was forced 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, compensation for damages or other obligations in question arose, as well as persons required to provide assistance and accommodation under other provisions, if the traveller cannot return to the place of departure. The organiser or seller who has compensated the traveller is subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards third parties responsible; the traveller provides the organiser or seller with all the documents, information and elements in his possession useful for the exercise of the right of subrogation (art. 51 quinquies Tourism Code).

13) Organiser’s liability regime (art. 42 Tourism Code) 

  1. The Organiser is responsible for the execution of the tourist services provided for in the tourist package contract, regardless of the fact that these tourist services must be provided by the organiser itself, its auxiliaries or persons in charge when acting in the exercise of their functions, by third parties whose work it uses or by other tourist service providers, in accordance with Article 1228 of the Civil Code.
    The traveller, in accordance with articles 1175 and 1375 of the Civil Code, informs the Organiser, 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 provided for in the package tour contract.
    3. If one of the tourist services is not performed as agreed in the tourist package contract, the Organiser shall remedy the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organiser does not remedy the defect, article 43 applies.
    4. Subject 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, with the complaint made in accordance with 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 is necessary to remedy it immediately, the traveller need not specify a deadline.
    5. If a lack of conformity, within the meaning of article 1455 of the Italian Civil Code, constitutes a not insignificant breach of the tourist services included in a package and the Organiser has not remedied it within a reasonable period established by the traveller in relation to the duration and characteristics of the package, with the complaint made in accordance with paragraph 2, the traveller may, without charge, terminate the tourist package contract by right and with immediate effect or, if necessary, request a reduction in the price in accordance with article 43, without prejudice to any compensation for damages. In the event of termination of the contract, if the package includes the transport of passengers, the Organiser will also provide for the return of the traveller with equivalent transport without unjustified delay and at no additional cost to the traveller.
    6. Where it is impossible to ensure the return of the traveller, 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 of no more than three nights per traveller or for any longer period provided for by European Union legislation on passenger rights applicable to the relevant means of transport.
    7. The cost limitation referred to in subparagraph 6 shall 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 Organiser has received notification of their special needs at least 48 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 if the transport service provider cannot invoke the same circumstances under the applicable European Union legislation.
    8. If, due to circumstances not attributable to the Organiser, it is impossible to provide a substantial part, in terms of value or quality, of the combination of tourist services agreed in the package tour contract, the Organiser shall offer, at no extra charge to the traveller, adequate alternative solutions of equivalent or higher quality, where possible, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveller to the place of departure is not provided as agreed. If the alternative solutions proposed result in a package of lower quality than that specified in the package tour contract, the Organiser grants the traveller an appropriate price reduction.
    9. The traveller may reject the proposed alternative solutions only if they are not comparable to what is agreed in the package tour contract or if the price reduction granted is inadequate.
    10. If it is impossible to provide alternative solutions or the traveller rejects the proposed alternative solutions which comply with paragraph 8, the traveller shall be granted a price reduction. In case of failure to comply with the obligation to make an offer referred to in paragraph 8, paragraph 5 shall apply.
    11. Where, due to circumstances not attributable to the Organiser, it is impossible to ensure the return of the traveller as agreed in the package tour contract, paragraphs 6 and 7 apply.

14) Seller’s liability regime (art. 50 and art. 51 quater Tourism Code)

  1. The Seller is responsible for the execution of the mandate given to him by the traveller with the travel intermediation contract, regardless of whether the service is rendered by the Seller himself, his auxiliaries or persons in charge when acting in the exercise of their duties or by third parties whose work he makes use of, as the performance of the obligations assumed must be evaluated with regard to the diligence required for the exercise of the corresponding professional activity.
    The Seller is not responsible for booking errors attributable to the traveller or due to unavoidable and extraordinary circumstances.
    3. The traveller’s right to compensation for damages related to the Seller’s liability shall expire within two years from the date of the traveller’s return to the place of departure.

15) Limits of compensation (art. 43 paragraph 5 of the Tourism Code)

The package tour contract may provide for the limitation of compensation due by the organiser, except for personal injury or damage caused intentionally or through negligence, provided that this limitation is not less than three times the total price of the package.
The right to compensation for damages to the person is prescribed in three years from the date of return of the traveller to the place of departure or in the longer period provided for compensation for personal injury by the provisions governing the services included in the package.

16) Possibility to contact the Organiser through the seller (art. 44 Tourism Code)

  1. The Traveller may address messages, requests or complaints relating to the execution of the package directly to the Seller through whom he or she purchased it, who, in turn, will promptly forward such messages, requests or complaints to the Organiser.
    For the purposes of compliance with the terms or limitation periods, the date on which the seller receives the messages, requests or complaints referred to in paragraph 1 shall also be considered the date of receipt for the Organiser.

17) Obligation to provide assistance (art. 45 Tourism Code)

  1. The organiser shall provide adequate assistance without delay to the traveller who is in difficulty even in the circumstances referred to in Article 42, paragraph 7 of the Tourism Code, in particular by providing appropriate information regarding health services, local authorities and consular assistance and by assisting the traveller in making distance communications and helping him/her to find alternative tourist services.
    The organiser may demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveller or through his fault, within the limits of the expenses actually incurred.

18) Insurance against cancellation and repatriation costs (art. 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 Seller, special insurance policies against the costs of cancellation of the package, accidents and illnesses that also cover the cost of repatriation and loss and damage to luggage. The rights arising from the insurance contracts must be exercised by the Traveller directly against the Insurance Companies, under the conditions and in the manner provided 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 (art. 36 paragraph 5 letter G Tourism Code)

The organiser may propose to the traveller – in the catalogue, documentation, on its website or in other forms – alternative ways of resolving the disputes that have arisen (ADR – Alternative Dispute Resolution), pursuant to the Legislative Decree. 206/2005. In this case, the organiser will indicate the type of alternative resolution proposed and the effects that such an adhesion entails. 

20) Protection of the traveller (art. 47 Tourism Code)

  1. The organiser and the seller established on the national territory are covered by a third party liability insurance contract in favour of the traveller for the compensation of damages resulting from the violation of their respective obligations under the respective contracts.
    The contracts of tourist package organization are assisted by insurance policies or bank guarantees or issued by the Funds referred to in paragraph 3 of the art. 47 of the Tourism Code, which, for trips abroad and trips that take place within a single country, including trips to Italy, in cases of insolvency or bankruptcy of the organiser or seller guarantee, without delay at the request of the traveller, the refund of the price paid for the purchase of the package and the immediate return of the traveller in case the package includes the transport of the traveller, as well as, if necessary, the payment of food and accommodation before the return. The guarantee is effective, appropriate to the volume of business and covers reasonably foreseeable costs, the amounts of payments made by or on behalf of the travellers in relation to packages, taking into account the duration of the period between the down payments and the final balance and the completion of the packages, as well as the estimated cost of repatriation in the event of insolvency or bankruptcy of the organiser or seller.
    3. Travellers shall benefit from protection in the event of insolvency or bankruptcy of the organiser or seller irrespective of their place of residence, the place of departure or the place of sale of the package and irrespective of the Member State in which the person providing protection in the event of insolvency or bankruptcy is established.
    4. In the cases provided for in paragraph 2, as an alternative to reimbursement of the price or immediate return, the traveller may be offered the continuation of the package in the manner described in Articles 40 and 42 of the Tourism Code.
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21) Guarantee Fund (art. 50 and art. 51 Tourism Code)

Organised tourism contracts are assisted by suitable guarantees provided by the Organiser and the intermediary travel agent that, for trips abroad and trips that take place within a single country, ensure, in cases of insolvency or bankruptcy of the intermediary or the organiser, the reimbursement of the price paid for the purchase of the tourist package and the immediate return of the tourist. The identification details of the legal entity that, on behalf of the Organiser, is required to provide the guarantee will be indicated in the Tour Operator’s catalogue and in the account statement, or booking confirmation, of the services requested by the tourist.

The procedures for accessing the guarantee and the terms for submitting a request for reimbursement of the sums paid are indicated on the “Fondo Garanzia Viaggi S.r.l.” website at www.garanziaviaggi.it, as the legal entity to which Itineraris s.r.l. adheres.

In order to avoid forfeiture of rights, it is advisable to keep in mind the deadlines indicated for the submission of applications. It is understood that the expiry of the deadline due to the impossibility of filing the application and not to inertia of the traveller, allows the remission within the same terms.

22) Operational changes 

In view of the fact that catalogues containing information on how to use the services are published well in advance, it should be noted that the flight times and routes indicated in the acceptance of the proposal to buy and sell the services may be subject to change as they are subject to subsequent validation. To this end, the traveller must request confirmation of the services from his Travel Agency before departure. The Organiser will inform passengers about the identity of the actual carrier within the time and in the manner provided for by art. 11 of the Reg. CE2111/2005.

23) Protection of Privacy Article 13 EU Regulation 2016/678

Pursuant to art. 13 of Regulation (EU) 2016/679, laying down provisions for the protection of persons and other subjects regarding the processing of personal data, we wish to inform you that the personal data you provide will be processed in accordance with the above mentioned legislation and the confidentiality obligations to which the undersigned Company is bound. You will be given a specific information in which you will be informed of all your rights and any useful information required by law.

24) Mandatory communication pursuant to Art. 17 of Law no. 38/2006

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

25) Organiser

ITINERARIS S.R.L.

VAT no. 0447091049 current in Santarcangelo di Romagna in via Garibaldi n. 26

License n. 00458 Emilia-Romagna Region of 18/06/2018

Professional civil liability Policy no. 1505002345/P.00

26) Annexes

Annex A (1)

(1) Annex added by art. 3, paragraph 2, Legislative Decree 21 May 2018, no. 62, as of 1 July 2018 and with applicability to contracts concluded as of that date, pursuant to the provisions of Article 3, paragraph 1, of the same Legislative Decree no. 62/2018.

Part I

Standard information form for package tour contracts where the use of hyperlinks is possible (hyperlink) 

The proposed combination of tourism services is a package under Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights that apply to packages. The company ITINERARIS S.R.L. will be fully responsible for the proper execution of the package as a whole. Furthermore, as required by law, the company ITINERARIS S.R.L. has protection to reimburse your payments and, if transport is included in the package, to guarantee your repatriation in case you become insolvent.

Fundamental rights under Directive (EU) 2015/2302

1. Travellers will receive all essential information about the package before the conclusion of the package contract.

2. There is always at least one professional responsible for the correct execution of all tourist services included in the contract.

3. Travellers shall be provided with an emergency telephone number or the details of a contact point through which they can reach the organiser or travel agent.

4. Travellers may transfer the package to another person, subject to reasonable notice and possibly for additional charges.

5. The price of the package can only be increased if specific costs (e.g. fuel prices) increase and if expressly provided for in the contract and, in any case, no later than 20 days after the start of the package. If the price increase is more than 8% of the package price, the traveller can terminate the contract. If the organiser reserves the right to increase the price, the traveller is entitled to a price reduction if there is a decrease in the relevant costs.

6. Travellers can terminate the contract without paying termination fees and obtain full reimbursement of payments if any of the essential elements of the package, other than the price, has changed substantially. If, before the start of the package, the professional responsible for the package cancels it, travellers are entitled to obtain a refund and, where appropriate, compensation.

7. Travellers may, in exceptional circumstances, terminate the contract free of charge before the start of the package, for example if there are serious security problems at the destination that may affect the package.  In addition, travellers may, at any time before the start of the package, terminate the contract against payment of appropriate and justifiable cancellation fees.

8. If, after the start of the package, substantial elements of the package cannot be provided as agreed, suitable alternative solutions must be offered to the traveller at no extra charge. Travellers may terminate the contract, at no charge, if the services are not performed as agreed and this significantly affects the performance of the package and the organiser has not remedied the problem.

9. Travellers are also entitled to a price reduction and/or compensation for damages in the event of failure to provide tourist services.

10. The organiser is obliged to provide assistance if the traveller is in difficulty.

11. If the organiser or, in some Member States, the seller becomes insolvent, the payments will be reimbursed. If the organiser or, where applicable, the seller becomes insolvent after the start of the package and if transport is included in the package, the repatriation of the travellers is guaranteed. ITINERARIS S.R.L. has signed a protection in case of insolvency with GARANZIA VIAGGI S.R.L., via Nazionale, 60 – 00184 Roma, website www.garanziaviaggi.it, email fondo@garanziaviaggi.it, tel. (+39) 06/99705792, fax (+39) 06/5780326.  Travellers may contact this entity or, where appropriate, the competent authority if the services are denied due to the insolvency of ITINERARIS S.R.L..

Hyperlink for more information on fundamental rights under Directive (EU) 2015/2302, transposed into national law.

Part II 

Standard information form for package tour contracts in situations other than those mentioned in Part I 

The proposed combination of tourism services is a package under Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights that apply to packages. The company ITINERARIS S.R.L. will be fully responsible for the proper execution of the package as a whole. Furthermore, as required by law, the company ITINERARIS S.R.L. has protection to reimburse your payments and, if transport is included in the package, to guarantee your repatriation in case you become insolvent.

Fundamental rights under Directive (EU) 2015/2302:

1. Travellers will receive all essential information about the package before the conclusion of the package contract.
2. There is always at least one professional responsible for the correct execution of all tourist services included in the contract.
3. Travellers shall be provided with an emergency telephone number or the details of a contact point through which they can reach the organiser or travel agent.
4. Travellers may transfer the parcel to another person, with reasonable notice and possibly at additional cost.
5. The price of the package can only be increased if specific costs (e.g. fuel prices) increase and if expressly provided for in the contract and, in any case, no later than 20 days after the start of the package. If the price increase is more than 8% of the package price, the traveller can terminate the contract. If the organiser reserves the right to increase the price, the traveller is entitled to a price reduction if there is a decrease in the relevant costs.
6. Travellers can terminate the contract without paying termination fees and obtain full reimbursement of payments if any of the essential elements of the package, other than the price, has changed substantially. If, before the start of the package, the professional responsible for the package cancels it, travellers are entitled to obtain a refund and, where appropriate, compensation.
7. Travellers may, in exceptional circumstances, terminate the contract free of charge before the start of the package, for example if there are serious security problems at the destination that may affect the package. In addition, travellers may, at any time before the start of the package, terminate the contract against payment of appropriate and justifiable cancellation fees.
8. If, after the start of the package, substantial elements of the package cannot be provided as agreed, suitable alternative solutions must be offered to the traveller at no extra charge. Travellers may terminate the contract, at no charge, if the services are not performed as agreed and this significantly affects the performance of the package and the organiser has not remedied the problem.
9. Travellers are also entitled to a price reduction and/or compensation for damages in the event of failure to provide tourist services.
10. The organiser is obliged to provide assistance if the traveller is in difficulty. If the organiser or, in some Member States, the seller becomes insolvent, the payments will be reimbursed. If the organiser or, where applicable, the seller becomes insolvent after the start of the package and if transport is included in the package, the repatriation of the travellers is guaranteed. ITINERARIS S.R.L. has signed a protection in case of insolvency with GARANZIA VIAGGI S.R.L., via Nazionale, 60 – 00184 Roma, website www.garanziaviaggi.it, email fondo@garanziaviaggi.it, tel. (+39) 06/99705792, fax (+39) 06/5780326.  Travellers may contact this entity or, where appropriate, the competent authority if the services are denied due to the insolvency of ITINERARIS S.R.L..

Hyperlink to the website where you can find Directive (EU) 2015/2302, transposed into national legislation: https://www.altalex.com/documents/leggi/2018/06/01/pacchetti-turistici.