GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS FOR PACKAGE TRAVEL
A package holiday consists of a combination of at least two different types of travel services such as:
The contract of sale of package travel, whether the related services are to be provided in Italy or abroad, is governed by Italian Law No 1084 of 27/12/1977 (Ratification and Implementation of the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970) and by Italian Legislative Decree of 6.9.2005 No 2006 („Codice del Consumo – Consumer Code“).
The Organizer must provide a technical sheet with the following mandatory information, either in the catalogue or in case the package travel is an ad-hoc product
On this website, each single tour product has a dedicated webpage with an enquiry form. Consumers can send the Organizer availability requests for one or more travel package services. Once the Organizer receives the request, it will get in touch with the Consumer to give him/her all the necessary information about the request. Then, the Consumer will decided if he/she wishes to go ahead with the reservation.
Reservations will be subject to a contract form, which must be filled in completely (also in electronic form) and signed by the Client.
The Organizer will accept the reservation based on the availability and only after the payment.
The reservation will be considered as confirmed as soon as the Organizers sends a confirmation (also per e-mail) to the Client. Further information about the tour, if not mentioned in the contract, will be provided to Client pursuant to Art. 87 of Italian Consumer Code, in due time before the beginning of the tour.
The sales contract agreed upon is a distance contract, whose subject is travel services. The contract is stipulated between the Organizer and the Consumer and regulates the provision of touristic services. The Organizer only uses remote communication systems for all the duration of the contract. Pursuant to Art. 32.2 of Italian Tourism Code, the right of withdrawal does not apply on this contract.
The amount of the down payment required does not exceed 25% of the package price and must be paid at the time of reservation. Both the amount of the down payment and date of the balance payment is indicated in the sales contract.
In case the package travel contains services that must be immediately paid by the Organizer (e.g. tickets for theater performances, Museum reservations or similar), the Organizer will require a down payment that covers at least the amount that must be paid by the Organizer to ensure the services indicated in the contract. Only in this case the amount of the down payment may exceed 25% of the total price.
Non-payment of the amounts at the times indicated in the contract will lead to the termination of the contract.
The following payment methods are accepted: Bank transfer, Credit Card (Visa, MasterCard, Maestro, Moneta), Paypal.
The package price is set out in the contract. It may be changed up to 20 days prior to departure and only as a consequence of changes in, or additions to, the following.:
For these changes, reference will be made to the exchange rates and prices in force on the date of publication of the programme, as shown in the technical data sheet of the catalogue, or of the tailor-made travel offer, or on the date shown in any updates published on the website.
Before departure, in case the Organizer needs to modify significantly one or more elements of the contract, written notice must be sent to the Consumer, indicating the entity of the modification and the price change, if any. In case the Consumer does not accept the modification, the Consumer has the right to have the amount paid refunded or book another package travel.
The Consumer has the same rights even if the modification or cancellation depends on the lack of minimum participants provided for by catalogue or customized product, or on force majeur or unforeseeable circumstances.
In case the annullation is NOT due to force majeur, unforseeable circumstances, lack of minimum of participants, non-acceptation of a new travel offer by the Consumer, the Organizer must refund twice the price paid by the Consumer. The amount to be refunded will never be more than double the amounts that the traveller would be liable to pay on the same date in accordance with the cancellation policy, if he were to cancel.
In compliance with art. 40, 41, 42 of Italian Tourism Code (D.Lgs 79/2011), the Organizer creates its travel packages as a combination of services purchased from different suppliers. In order to guarantee that the suppliers provide the services purchased to the Consumer, the Organizer must assume contract obligations towards the suppliers. In light of what specified above, and in compliance with art. 1372 and 1373 of Italian Civil Code, the possibility of a withdrawal of the Consumer must be considered as an exception towards the principle of contract bindingness. Apart from the cases provided for by D.lgs 79/2011, withdrawal of the Consumer will only be accepted if the Organizer is held harmless of any costs or losses as a result of the withdrawal.
That said, the Consumer may withdraw from the contract, without any penalty, under the following circumstances:
In these cases, the Consumer has right to:
The Consumer must confirm their own decision (either accept the modification or withdraw) within 2 working days of receipt of the price change or modification information. In case of lack of any communication from the Consumer, the proposal of the Organizer is considered accepted by the Consumer. The Consumer who withdraws from the contract in circumstances not belonging to those mentioned above, will be charged of the services fees and the penalty amount as per Catalogue or contract. In case of groups, the penalties will be agreed upon through a contract.
In case the package travel includes services that imply an immediate, non refundable payment (e.g. tickets for theater performances, reservation tickets for museums etc.), these will never be refunded in case of withdrawal of the client.
The Organizer shall not be held responsible if, after the signing of the contract, one or more services included in the contract should undergo variations for reasons beyond the control of the Organizer (e.g. replacement of one or more artists in a theater performance, timetable modification, programme change, date change of a concert etc.). The Consumer who does not accept these variations will be charged the penalties provided for by the contract.
If the Organizer faces the impossibility to provide a substantial part of the service included in the contract, the Organizer must propose alternative solutions with no extra charge for the Consumer, or by refunding the price difference in case the new services have a lower value. In case it is impossible to provide an alternative solution, or the solution proposed is refused by the Consumer for valid reasons, the Organizer will refund the difference between the total amound paid and the amount of the services already provided to the Consumer until the anticipated end of the travel.
If a client has to cancel a reservation, they can be replaced by another person, provided that:
Both original and new travel are responsible for the payment of the balance.
The Consumer must have a valid passort or identity document for the country where the package travel takes place, as well as the necessary visa and sanitary certificates, if needed. Tourists must also comply with the rules of normal prudence and diligence and the specific rules in force in the countries of destination of the trip, all the information provided by the organiser, as well as the regulations and administrative or legislative provisions relating to the package travel. Travellers will be held liable for all damages that the organiser may suffer as a result of their breach of the above obligations. The traveller is required to provide the organiser with all documents, information and elements in his possession which will be useful to the organiser for exercising the right of subrogation against third parties responsible for the damage, and is liable to the organiser for the prejudice caused to the right of subrogation. At the time of booking, the traveller must also inform the organiser in writing of particular personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them.
Disabled persons or persons with reduced mobility must inform the Organizer about their condition, so the Organizer can evaluate if the package travel requested is compatible with the condition of the traveller. Pursuant to EU Regulation 1107/2016, ‘disabled person’ or ‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers.
The official classification of hotel facilities is provided in the catalogue or in other informative material only on the basis of express and formal guidelines of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent Public Authorities of the countries, including EU member countries, to which the service refers, the organiser reserves the right to provide his own description of the accommodation facility, in order to allow an evaluation and consequent acceptance of the same by the tourist.
The organiser is liable for damages caused to the traveller as a result of total or partial non-performance of the contracted services, whether these are performed by him personally or by third party service providers, unless he proves that the event was caused by the traveller’s actions (including initiatives independently taken by the traveller during performance of the travel services) or by circumstances not connected with provision of the services provided for in the contract, by fortuitous events, by force majeure, or by circumstances that the organiser could not, in accordance with professional diligence, reasonably foresee or resolve.
The intermediary with whom the package holiday was booked cannot be held responsible for the obligations arising from the organisation of the trip, but is responsible only for the obligations arising from his capacity as intermediary and for the performance of the mandate given by the traveller, as specifically provided for by law.
Compensation for damages against persons will never be higher than the limits provided for by the international conventions Italy and the European Union belong to, with reference to the services whose failure was responsible for the damage. In any case, compensations may not exceed the amount of 50,000 Germinal Gold Francs for damages to persons, 2,000 Germinal Gold Francs for damages to things and 5,000 Germinal Gold Francs for any other kind of damage.
The Organizer is obliged to give appropriate assistance to the Consumer, as per its professional diligence and with reference to the legal obligations the Organizer has. The Organizer and the intermediary are exempt from responsibility if the incorrect execution of the contract is attributable to the Consumer or was cause by unforeseeable or inevitable circumstances, or by force majeur.
Any non-performance of the contract must be challenged by the consumer without delay, so that the organiser, or representative or assistant of the latter, can promptly solve the situation.
The Consumer must also send their complaint by registered letter to the Organiser or intermediary, within 10 working days of the end of the package travel.
If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking to cover the cost of cancellation, accidents or luggage loss/damage. Special insurance can be taken to cover the cost or repatriation in case of accident or illness.
Insurance policies may only be sold to persons who live in one of the EEA Countries (Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Iceland, Italy, Latvia, Lituania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary, Switzerland). Therefore, in case of travellers living in other countries than those specified above, it is recommended to take out insurance in their country of residence.
A National Guarantee Fund has been created at the Directorate General for Tourism, belonging to the Ministry for Productive Activities. The Consumer may access the Fund (pursuant to art. 100 of Consumer Code) in case of insolvency or bankruptcy of the Organizer, to grant:
The Fund also grant immediate economic availabilities in case of forced repatriation of tourists from non-EU countries in case of emergencies, be it attributable to the Organizer’s behaviour or not. The modalities of functioning of the Fund are provided for by law.
ADDENDUM: GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS FOR STAND-ALONE TRAVEL SERVICES
Contracts regarding the offer of only the transport service, of only the accommodation service, or of any other separate travel service, cannot be represented as a contractual case of travel organisation or of package travel. Therefore, they will be regulated by art. 1, 3, 6, 17 to 23, 24 to 31 of CVV.
Contracts for stand-alone services also undergo the following regulations that also regulate package travel: art. 4.1, 5, 7, 8, 9, 10.1, 11, 15, 17. The application if these regulations does not imply that the stand-alone service is treated as package travel. The terminology included in the mentioned regulations (organizer, travel etc.) should therefore be intended as their correspondent terms in the sale of stand-alone services (seller, stay etc).
PLACE OF JURISDICTION
Any dispute that may arise about the tourist services provided by Evento Italiano srl shall be exclusively referred to the territorial jurisdiction of the Court of Lucca (Italy). In case of tourist services provided in cooperation with other organizers, travel contracts will be regulated by specific General Terms and Conditions that will be provided to the Consumer.
Mandatory communication pursuant to art. 17 of Italian Law 38/2006: Italian law punishes offences concerning prostitution and child pornography by imprisonment, even if committed abroad.
Latest variation: 9 December 2020