General Terms and Conditions of Sale Contracts for Tourist Packages
The contract for the sale and purchase of the tourist package, whether having as its subject matter services to be provided in Italy or abroad, is governed by the “Code on Tourism” (Legislative Decree 23.5.2011 no. 79 – Annex I, Articles 32 – 51) and, if and when applicable, by Law 27/12/1977 No. 1084 (Ratification and implementation of the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970) and by Legislative Decree 6.9.2005 no. 2006 (“Consumer Code”).
For the purpose of this contract the following definitions apply:
a) travel organizer: the entity which undertakes to provide tourist packages to third parties in exchange for a flat-rate price, realizing the combination of elements indicated in Article 34 of Legislative Decree 79/2011, or offering the tourist, also through a remote communications system, the possibility to realize and purchase this combination independently;
b) intermediary: the entity who, also not professionally and without earning a profit, sells or undertakes to procure for third parties tourist packages realized pursuant to Article 34 of Legislative Decree 79/2011 in exchange for a flat-rate price, or individual, separate tourist services;
c) tourist: the buyer, the concessionary of a tourist package, or any other person even if still to be appointed, provided that this person satisfies all the required terms for the fruition of the service, on behalf of whom the principal contractor undertakes to purchase a tourist package without remuneration. The organizer may sell tourist packages either directly or through a seller or through an intermediary.
The tourist package forming the subject matter of the contract is organized by MAGNUM TRAVEL S.R.L.S. (hereinafter simply referred to as the “organizer”), with Registered Office in Rome (Italy) at Via Monte Patulo 25, telephone +393293738591, VAT IT14555921007, R.E.A. RM-1529603. The organizer reserves the right, in any case, to make changes to it in relation to factual circumstances or legislative amendments.
DEFINITION OF A TOURIST PACKAGE
Pursuant to Article 34 of Legislative Decree 79/2011, tourist packages comprise travel, holidays, package tours, tourist cruises, resulting from the combination, realized by any party and in any way whatsoever, of at least two of the following elements, sold or offered for sale at a flat-rate price:
c) tourist services, not accessory to transport or accommodation, which constitute, for the satisfaction of the recreational requirements of the tourist, a significant portion of the tourist package.
CONTRACT PROPOSAL OF A TOURIST PACKAGE
The tourist has the right to receive a copy of the contract proposal of the tourist package, drawn up in written form and signed by the organizer or seller. The proposal contains the following elements:
a) destination, duration, starting and ending date, where periods of stay are involved, the length of the same with relevant starting and ending dates;
b) name, address, telephone number and details of the organizer or intermediary signing the contract;
c) price of the tourist package;
d) the amount, up to a maximum of twenty-five percent of the price, to be paid on booking, and the deadline for the payment of the outstanding balance;
e) the means, characteristics and categories of transport to be used, the dates, times and points of departure and return, type of place assigned;
f) meal plan, if applicable;
g) itinerary, visits, excursions or other services which are included in the tourist package, including the presence of tour leaders and tourist guides;
h) specific agreements regarding travel arrangements expressly reached between the organizer or the intermediary and the tourist at the time of booking;
i) cancellation policy;
j) period within which the tourist must communicate his/her choice regarding the amendments to the contractual conditions referred to in Article 41 of Legislative Decree 79/2011.
SALE CONTRACT A TOURIST PACKAGE
The information contained in the contract proposal are binding and cannot be modified by the parties unless explicitly agreed otherwise. The organizer and the intermediary inform the tourist about all the amendments made in the contract proposal prior to the stipulation of the contract. The contract proposal is considered accepted only when the organizer will send the related confirmation, even by means of a telematics system, to the tourist and the intermediary in question.
The acceptance of the bookings is considered to be completed when the contract is concluded afterwards, only when the organizer will send the related confirmation even by means of a telematics system, to the tourist and the intermediary in question. Before the departure, the organizer will provide the indications related to the tourist package, which are not included in the contractual documents, in the brochures or in other written means of communication, as per art. 37, paragraph 2 of the Code of Tourism. According to art. 32, paragraph 2 of the Code of Tourism, in case of contracts concluded by using a remote communication system or outside the commercial premises (as defined in articles 50 and 45 of the Legislative Decree 206/2005), the organizer reserves its right to communicate in writing the exclusion of the annulment right stipulated in articles 64 and the following of the Legislative Decree 206/2005 to the tourist.
Unless otherwise provided for in the Special Conditions governing individual tourist packages, a payment must be made by way of deposit on the booking representing 25% of the price of the tourist package. The balance must be paid at least 7 days prior to departure or contemporaneously with the booking if this is made during the period of 6 days prior to the departure date. Failure to make the payment of the balance of the price of the tourist package within the due date constitutes an express termination clause according to which the organizers will be entitled, by virtue of this very fact, to consider the contract automatically terminated and to demand that the tourist pay a penalty equivalent to 100% of the price of the package.
The price of the tourist package is specified in the contract and expressed in Euro. Extra expenses, such as compulsory fee to pay in loco, are always specified in the notes and details of the offer. Any taxes or bank charges will be taken into account. The price can only be altered as a result of variations in:
– Transport costs, including the cost of fuel;
– Fees and taxes applied on certain tourist services such as embarkation or disembarkation at ports and airports;
– Relevant exchange rates. For such variations reference will be made to exchange rates and costs/fees applicable on the date on which the travel plan is published.
AMENDMENT OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Should the organizers need to modify one or more parts of the contract in a significant manner prior to departure, it shall immediately inform the tourist by written communication, stating what the changes are and the consequent price variations. If the tourist does not accept the modified proposal referred to in the above paragraph, s/he has the right to withdraw from the contract without having to pay a penalty and will be entitled to the treatment provided for in Article 42 of Legislative Decree 79/2011. The tourist will communicate his choice to the organizer or to the intermediary, in writing, within two working days of receipt of the written communication referred above. Similarly, the tourist may exercise the rights provided for above even when the cancellation is due to failure to reach the minimum number of participants foreseen in the catalogue or in the out-of-catalogue program, or due to unforeseeable events or cases of force majeure affecting the tourist package purchased. If, following departure, an essential part of the services stipulated in the contract cannot be supplied, the organizer shall provide alternative solutions for the continuation of the scheduled trip without extra charges of any kind for the tourist or, alternatively, it shall reimburse to the latter the difference between the services originally envisaged and those effectively provided, without prejudice to compensation for any damage that the tourist can prove to have suffered.
WITHDRAWAL OF THE TOURIST
The tourist may withdraw from the contract without the application of a penalty in the following cases:
– the amendment to a significant extent of one or more elements of the contract which may be objectively considered as of fundamental importance for the purposes of the enjoyment of the tourist package proposed by the organizer as a whole following the stipulation of the contract itself but prior to departure and not accepted by the tourist.
In the cases referred to above the tourist will have the following alternative rights:
– to opt for an alternative tourist package, without increase in price, or for the return of the excess price, should the second tourist package be of inferior quality to the first;
– to be refunded only that part of the price already paid. Such refund shall be effected within seven working days from the moment of receipt of the request for reimbursement. The tourist will be required to communicate his/her decision (acceptance of the change or withdrawal) within and no later than two working days from the moment of receipt of the notice of change or price increase. In default of express communication within the above time limit, the proposal effected by the organizer will be deemed to have been accepted.
A General Cancellation Policy will be provided with the contract, but cancellation policies may vary depending on the service purchased. Clients will be adviced accordingly.
No reimbursement will be available for anyone not turning up for departure or withdrawing during the trip itself. Similarly, no reimbursement will be made to anyone unable to make the journey due to inadequate personal or travel documents.
CHANGES AFTER DEPARTURE
If, following departure, an essential part of the services stipulated in the contract cannot be supplied, the organizer shall provide alternative solutions without extra charges of any kind for the tourist or, alternatively, it shall reimburse to the latter the difference between the services originally envisaged and those effectively provided, where the latter are of inferior value. When there is no viable alternative, or the tourist declines for well-founded and justifiable reasons to accept the alternative proposed by the organizer, the organizer undertakes to reimburse the tourist to the sum of the difference between the cost of services already rendered, and services provided for by the tourist package purchased.
SUBSTITUTIONS – TRANSFER OF THE CONTRACT
The tourist may have himself replaced by a third party provided that the said party meets all the requirements for using the service, in the relations deriving from the contract, by communicating in writing to the organizer or the intermediary at least four working days before the departure date, that s/he is unable to use the tourist package and providing all the details of the transferee. The transferor and the transferee shall also be jointly liable towards the organizer or the intermediary for the payment of the price and of any further expenses deriving from the transfer. The transfer will only be possible if the transferor or the transferee reimburses to the organizer all the additional expenses incurred in order to effect the substitution which shall be quantified prior to the transfer. The transferee must meet all the requirements for using the service and, in particular, must possess all the prerequisites related to passport, visas, and health certificates, and on condition that the services forming the subject matter of the contract, or those offered in substitution of the same can still be provided following a substitution.
The tourist shall inform the organizer of his/her citizenship and, before departure, and check with the relevant authorities (for Italian citizens at the local Questura or the Ministry of Foreign Affairs on +39-06-491115) that they have vaccination certificates, their own passport and any other valid document necessary to enter the countries included in the tourist package, including entry and transit visas, and any health certificates that may be required. Foreign citizens shall obtain similar information from their diplomatic representatives in Italy and/or official government channels. In the absence of such verification, the seller or organizer shall have no responsibility for the non-departure of one or more tourists, due to lack of, or irregularities in, the documents required for travelling abroad. Finally, in order to evaluate the health and security status of the countries to be visited and thus the effective usability of the services purchased or to be purchased, the tourist shall obtain (utilizing the sources indicated above) the official general information available at the Ministry of Foreign Affairs, which specifically indicates whether travel to the destinations is formally not advisable. Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organizer and the rules, administrative or legal instructions pertaining to the tourist package. Tourists will be liable for any damage which the seller and/or the organizer may suffer also as a result of failure to comply with the above mentioned obligations. The tourist is, moreover, bound to supply the organizer with all documents, information and other elements in his possession which may be useful to the latter in exercising the right of subrogation against third parties responsible for the damage and s/he is liable towards the organizer should he obstruct the latter in the exercising of its right of subrogation. At the time of booking, the tourist shall also inform the organizer in writing of any particular personal requests, which may form part of a specific agreement, relating to travel arrangements, provided that they can be carried out. The tourist must always inform the seller and the organizer of any special needs or conditions (pregnancy, food intolerances, disabilities etc.) and clearly specify the request for particular personalized services.
The official classification of hotels is provided in the contract proposal or in other informative material only on the basis of the express and formal indications provided by the competent authorities of the place in which the service is provided. In the absence of official classification recognized by the competent Public Authorities to which the service refers, the organizer reserves the right to provide its own description of the accommodation structure in the program, in order to allow the tourist to evaluate it and consequently accept it.
Without prejudice to the rights of the tourist in cases of withdrawal or cancellation of the service pursuant to Article 42 of Legislative Decree 79/2011, in the event of the total non-performance or improper performance of the obligations taken on with the sale of the tourist package, the organizer and the intermediary are bound to pay compensation for damage, each according to its respective liabilities. Failure to maintain the quality standards of the service promised or published is considered as being improper performance. The organizer or intermediary using other service providers are, in any case, bound to compensate the damage suffered by the tourist, reserving the right to take action, in turn, against the former. Injury deriving to persons as a result of non-performance or improper performance of the services making up the tourist package is indemnifiable according to the regulations laid down by the international conventions to which Italy or the European Union adhere, which govern the individual services included in the tourist package, as implemented in the Italian legal system. In the case of damage other than personal injury deriving from the non-performance or improper performance of the services included in the package, the organizer will be bound to provide compensation, if its responsibility is proven, to an extent that shall not, however, exceed the minimum limits set down by the international conventions that govern the services involved in the tourist package. The organizer and the intermediary will be released from the liabilities referred to in the previous paragraphs when the non-performance or improper performance of the contract is attributable to the tourist or derives from the conduct of a third party of an unpredictable or inevitable nature or has been caused by an unforeseeable event or by force majeure. The organizer or intermediary will make prompt efforts to find appropriate solutions to permit the tourist to proceed with the trip, without prejudice, in all cases, to the right to compensation for damage in the event of the improper performance of the contract being attributable to the latter.
CLAIMS AND COMPLAINTS
Any failures in the performance of the contract must be reported by the tourist by means of the timely presentation of a written complaint, so that the organizer, its local representative or tour guide may proceed to provide a timely solution. The tourist may also make a claim by sending a letter by registered mail, or by another method that guarantees notice of receipt, to the organizer or the intermediary within ten working days of the date of return to the place of departure.
TOOLS FOR ALTERNATIVE DISPUTE RESOLUTION
The organizer may propose to the tourist – via the website or other forms – alternative modalities to solve disputes. In this case the organizer shall detail the various types of alternative methods and their effects.
INSURANCE AGAINST COSTS OF CANCELLATION OR FOR REPATRIATION
While the obligation remains for the organizer and the intermediary to stipulate a suitable third party liability policy pursuant to Article 50 of Legislative Decree 79/2011, the tourist is nonetheless entitled to stipulate insurance policies which, for travel abroad, guarantee the immediate repatriation of the tourist in the event of emergencies attributable or otherwise to the behavior of the organizer or the intermediary and which ensure that the tourist will be provided with assistance, also of an economic nature. These policies can also guarantee, in the event of insolvency or bankruptcy of the intermediary or the organizer, the reimbursement of the price paid for the purchase of the tourist package. If the costs for assistance and repatriation are sustained or paid in advance by the competent public administration body, the insurance company is obliged to refund the latter directly.
Organized tourism contracts feature adequate guarantees which are provided by the organizer, for trips abroad and trips which take place within just one country, they guarantee in cases of bankruptcy or insolvency, a refund of the price paid for the purchase of the tourist package and the immediate return of the tourist. Details of the legal subject which, on the part of the organizer, is bound to give the guarantee will be supplied on the organizer’s website; they may also be provided in the booking confirmation for services requested.
PROTECTION OF PRIVACY
COURT OF JURISDICTION
Any dispute concerning the validity, effectiveness, interpretation and/or execution of the general conditions of sale of tourist packages shall be regulated by Italian law and subject to the exclusive jurisdiction of the Court in which the organizer is located.
Where there is any inconsistency between the original version of the GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS FOR TOURIST PACKAGES and the version in English, the Italian version shall prevail as other versions merely constitute translations.
OBLIGATORY COMMUNICATION ACCORDING TO ARTICLE 16 OF LAW N. 269/98
Italian law punishes offenders of crimes relative to prostitution and pornography involving minors with imprisonment, even if said crimes are committed abroad: respect for the rights of children knows no borders.
ADDENDUM TO THE GENERAL TERMS AND CONDITIONS OF THE CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES
A) Legislative Provisions
Contracts whose subject matter is solely the offer of transport or accommodation services or any other separate tourist service which cannot be described as travel organization contracts or tourist packages, are governed by the following provisions of the CCV: Article 1, points 3 and 6, Articles 17 to 23, Articles 24 to 31 with respect to provisions differing from those affecting the organization contract as well as the other agreements