SALES CONTRACT OF TOURISTIC PACKAGES
1. LEGAL SOURCES
The sale of holiday packages having as their object the supply services in the domestic & foreign territory, is
governed by ratification and implementation Law 27/12/1977 n ° 1084 of the International Convention on Travel
Contracts (CCV) signed in Brussels on 23/04/1970 - where applicable – and by the Code of Consumption of
Decree Law no. 206 of 06/09/2005 (Articles 82-100) and its subsequent amendments.
The organizer and the seller of the package, to which the client addresses, must be authorized for execution of
their activities according to the applicable administrative regulation in force.
For the purposes of this contract the following definitions apply:
a) organizer of the trip means the person who makes the combination of the elements listed in article 4 and sells
packages to third parties;
b) the seller means the person who sells or agrees to provide tourist packages under article 4;
c) client of travel packages means the purchaser, the transferee of a package tour or any other person, provided it
meets all the conditions required for the use of the service, on behalf of which the principal contractor agrees to
purchase a package without any remuneration.
4. TOUR PACKAGE
The concept of a tour package is as follows:
Package tours include travels, holidays and "All inclusive" circuits, resulting from the combination of at least two of
the items listed below, sold or offered for sale at fixed price, and lasting more than 24 hours or covering a period
including at least one night:
c) tourist services not ancillary to transportation or accommodation (omitted) ....... which constitute a significant
part of the "Package" (Article 84 of the Code of Consumption). The client has the right to receive a copy of the
sales contract of the package (as per articles. 85 and 86 of the Code of Consumption), which is also necessary to
access the Guarantee Fund in art. 20 of these General Conditions of Contract.
5. COMPULSORY INFORMATION – TECHNICAL FORM
The organizer is under obligation to insert a technical form in the brochure or in the travel program. The elements
that must be included in the technical form are:
- The administrative authorization or, if applicable, the organizer’s Notice of Commencement;
- Details of the insurance for civil liability;
- Validity term of the brochure travel program;
- Terms and conditions for the replacement of the traveler (art. 89 of the Code of Consumption.);
- Benchmarks and criteria for the price adjustment (Article 90 of the Code of Consumption.).
The organizer will also inform the passengers on the actual carrier according to the deadlines and modalities
foreseen under art. 11 of Regulation (EC) 2111/2005.
The reservation request must be made on the appropriate contractual form, if electronic, duly filled in its entirety
and signed by the customer, who will receive a copy of it. Acceptance of bookings is deemed completed, and as a
consequence the contract is concluded only when the organizer sends the corresponding confirmation, even by
telematic system directly to the customer or to the travel agency.
Indications regarding the package not contained in the contractual documents, brochures or other means of written
communication will be provided by the organizer in fulfillment of obligations under art. 87, paragraph 2 of the Code
of Consumption, before the beginning of the trip.
The brochure, catalogue or any other source of information will show the downpayment, up to a maximum of 30%
of the package price, to be paid at the time of booking or upon the binding order, and the date by which, before
departure, the balance is due. The lack of payment of the above sums within the set date constitutes an express
termination clause that allows intermediary agency and / or the organizer to resolve the contract.
The price of the package is set in the contract, with reference to what is stated in the catalogue, in the brochure
program or in any updates of them. It can be changed until 20 days prior to departure and only in case of changes
transportation costs, including the cost of fuel
fees or taxes on certain types of tourist services such as taxes, landing fees, landing or embarkation on harbours
exchange rates applied to the package.
For these variations reference will be made to the exchange rate and costs valid as of the date of publication of the
program as stated in the data sheet of the catalogue or as of the date of any updates. The fluctuations will affect
the fixed price of the tour package in the measure of a percentage clearly indicated in the technical catalogue or
9. MODIFICATION OR CANCELLATION OF A TOURIST PACKAGE BEFORE DEPARTURE
Before departure, the organizer or seller who needs to change significantly one or more elements of the contract,
shall immediately notify it in writing to the client indicating the type of modification and the consequent price
change. If the client does not accept the proposed amendment hereinabove referred, he may exercise the right to
recover the sum already paid or to take advantage of an alternative tourist package under the 2nd and 3rd
paragraph of Article 10.
The client may exercise the above rights also when cancellation is due to lack of minimum number of participants
foreseen in the catalogue or brochure program, or in the case of force majeure and fortuitous event, regarding the
tourist package purchased. For cancellations other than those caused by force majeure, fortuitous events and
failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the
client of the alternative tourist package offered, the organizer who cancels (art. 33 Code of Consumption) will
return to the client twice the sum paid by the client and collected by the organizer through the travel agent. The
refunded sum will never be more than the double of the amount of which the client would be debtor on the same
date in accordance with art. 10, paragraph 4 in case he were the cancelling party.
10. WITHDRAWAL BY THE CLIENT
The client may cancel the contract without paying penalties in the following cases:
- Increase in the price, referred to in art. 8, in excess of 10%;
- Significant modification of one or more elements of the contract objectively deemed as fundamental for the
enjoyment of the package as a whole and as proposed by the organizer after the signature of the contract, but
prior to departure and not accepted by client.
In the cases mentioned above, the client has the right:
- to use an alternative tourist package, at no extra cost or with the restitution of the surplus money, if the second
package has a lower value than the first;
- the refund of the amount actually paid. This refund must be made within seven working days from the receipt of
the redemption request. The client must communicate his decision (to accept the change or to withdraw) no later
than two working days from the moment he received the notice of price increase or change. In the absence of
express notice by the client within such period, the proposal made by the organizer will be considered
accepted. The client who withdraws from the contract before departure outside those circumstances listed in the
first paragraph shall be charged – on top/regardless of the payment of art. 7 paragraph 1 - the individual cost of
handling the file, the penalty in the amount indicated in the technical form of catalogue or brochure program or on
a customized trip, any sums related to the insurance cover requested at the time of the contract conclusion or
other services already provided.
In the case of groups such payments will be agreed on a case to case basis upon the contract signature.
11. CHANGES AFTER DEPARTURE
If, after the departure, the organizer is unable to provide for any reason, except for a fact due to the client, an
essential part of the services included in the contract, it shall prepare alternative solutions, without additional cost
for the client, and in the event that the benefits provided are of a lesser value than those provided, it shall refund
him an amount equal to such difference. If there is no alternative solution, or the solution of the operator is refused
by the customer for proven and justified reasons, the organizer will provide at no extra cost, a means of transport
equivalent to that originally planned to return to the place of departure or to another place possibly agreed,
compatibly with/depending on the availability of transportation seats, and it will reimburse the difference between
the cost of the services envisaged and the services performed up to the time of the anticipated return.
The client may be substituted by another person only if: a) the organizer is notified at least 4 working days before
the date fixed for the departure, and it receives communication about the reasons for the replacement and the
transferee data and b) the transferee satisfies all the conditions for the use of the service (pursuant to art. 89 of the
Code of Consumption) and in particular the requirements for passports,visas, medical certificates, c) the same
services or other substitute services can be provided as a result of replacement d) the substitute reimburses the
operator of any extra costs incurred to carry out the substitution, to the extent that these will be quantified prior to
the sale. The transferor and the transferee are jointly liable for the payment of the balance due and the amounts
referred to subparagraph d) of this article.
The additional terms and conditions for substitution are indicated in the technical form.
13. OBLIGATIONS OF THE CLIENTS
In the course of negotiations and before the contract is concluded, Italian citizens are provided with general
information - updated to the date of printing of the catalogue - related to the medical obligations and the
documentation required to travel abroad. Foreign clients must obtain the corresponding information through their
diplomatic missions in Italy and / or through their respective official channels of governmental institutions. In any
case, prior to departure, clients must check any updates with the competent authorities (for Italian citizens, the
local police headquarters or the Ministry of Foreign Affairs through the site http://www.viaggiaresicuri.it/ or the
Central Office Telephone, number +39 06 491115) and must adjust before leaving.
In the absence of such verification, no responsibility for failure in departure of one or more clients can be attributed
to the seller or the organizer. The clients must inform the seller and the organizer of their citizenship and, at the
time of departure, they definitely must be sure to be in possession of vaccination certificates, individual passports
and any other document valid for all the countries in the travel itinerary, as well as visas, transit and health
certificates that might be required.
In addition, in order to assess the health and security of the countries of destination and, therefore, the usability of
the services acquired or to be purchased, the client will retrieve (making use of information sources indicated in
Section 2) the official information of a general nature from the Ministry of Foreign Affairs which specifically
indicates whether the destinations are subject to formal discourage or not. Clients should also observe the rules of
common prudence and diligence, the rules specifically in force in the countries destination of the trip, all the
information provided by the organizer and the regulations and administrative or legislative provisions relating to the
package. Clients will be asked to answer for all damages that the organizer and / or retailer may suffer, because of
failure by the clients to comply with the above mentioned obligations. The client must provide the organizer with all
the documents and information in its possession relevant to the exercise of the right of subrogation against third
parties responsible for the damage and is responsible towards the organizer for the interference with the right of
subrogation. The client gives written notice to the organizer, at the time of booking, of special personal requests
that may be subject to specific agreements on travel arrangements, provided that it is possible to implement them.
The client is always obliged to inform the seller and the organizer of any particular requirements or conditions
(pregnancy, food allergies, disabilities, etc ...) and to explicitly specify the request of its personalized services.
14. HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalogue or in other information material only on the basis of
explicit and formal indications by the competent public authorities of the country where the service is provided.
In the absence of official classifications recognized by the competent public authorities of the countries – even EU
members – to which the service is referred, the organizer reserves the right to provide in the catalogue or brochure
its own description of the structure, in order to permit an evaluation and the subsequent acceptance of it by the
15. LIABILITY REGIME
The organizer is liable for damages caused to the client due to the total or partial lack of performance contractually
foreseen, whether these are performed by him directly or by a third party service providers, unless he proves that
the event was caused by the client (including initiatives autonomously taken by him in the course of the tourist
services) or by circumstances beyond the provision of services under the contract, by accident, force majeure, or
by circumstances that the organizer could not, according to the professional diligence, reasonably foresee or
solve. The dealer from which the tour package was booked is not in any case liable for the obligations arising from
the organization of the trip, but is responsible exclusively for the obligations arising from his role as intermediary
and in any case within the limits provided for such liability under the current legal rules on the subject.
16. REIMBURSEMENT LIMITS
The reimbursement of the damages cannot in any case exceed the limits set out in Articles. 94 and 95 of the Code
17. OBLIGATION TO ASSIST
The organizer is obliged to give assistance to the client, as imposed by the standard of professional care, only in
respect of obligations at its own charge required by law or contract.
The organizer and the seller are exempt from their responsibilities (Articles 15 and 16 out of these Terms
General), when the failure or improper performance of the contract is attributable to the client or to fact of third
party in an unforeseeable or unavoidable manner or it was caused by a fortuitous event or force majeure.
18. CLAIMS AND COMPLAINTS
Any failure in the performance contract must be contested by the client without delay so that the organizer, his
local representative or guide can remedy the situation promptly. Otherwise the breach of contract cannot be
questioned. The client must also file a complaint by sending a registered letter with acknowledgment of receipt to
the organizer or the seller no later than ten working days from the date of return to the place of departure,
otherwise the claim will not be valid.
19. INSURANCE FOR CANCELLATION AND REPATRIATION
If not expressly included in the price, at the time of booking it is possible – and recommended - to stipulate a
special insurance policy against the costs arising from the cancellation of the package, accidents and luggage.
It will also be possible to stipulate a contract of assistance to cover the cost of repatriation in case of accident or
20. GUARANTEE FUND
The National Guarantee Fund (Article 100 of the Code of Consumption) - set up to protect clients who have signed
a travel contract - shall provide the following, in the event of insolvency or bankruptcy of the seller or organizer:
a) reimbursement of the price paid;
b) repatriation in case of travel abroad.
The fund must also ensure immediate availability of funds in case of forced return of tourists from countries outside
the EU on the occasion of a fact whether or not attributable to the organizer. The methods of intervention of the
fund are established by the decree of the President of the Council of Ministers of 23/07/99, no. 349.
GENERAL TERMS AND CONDITIONS OF SALE OF SINGLE TOURIST SERVICES
A) REGULATORY PROVISIONS
The contracts for the supply of the sole transportation service, accommodation or any other separate tourist
service cannot be configured as a negotiation of the organization of a trip or package, and are governed by the
following provisions of the International Convention on Travel Contracts (CCV): art. 1, no. 3 and n. 6, arts. 17 to
23, arts. from 24 to 31, with reference to provisions other than those relating to the organization contract as well as
other agreements related to the sale of a single service contract.
B) CONDITIONS OF CONTRACT
These contracts are also subject to the following clauses of the general conditions of contract for the sale of
packages above: art. 6, paragraph 1, art. 7, paragraph 2, art. 13, art. 19. The application of these clauses does not
determine in any manner whatsoever the configuration of its contracts as a package. The terms related contract
for tourist package (organizer, travel, etc..) used in these clauses should therefore be interpreted with reference to
the corresponding figures of the sales contract for individual tourist services (seller,stay, etc..).