1. APPLICABLE LAWS
The contract for the sale of a package holiday, whether the related services are to be provided in Italy or abroad, is governed by the Tourism Code (Italian Legislative Decree 23.5.2011, n. 79, articles 32-51 novies) as amended by Italian Legislative Decree 06.06.2018, n. 62 which implements the EU Directive 2302/2015 and, where applicable, by Italian Law 27.12.1977, n. 1084 (Ratification and Implementation of the International Convention on Travel Contracts signed in Brussels on 23.4.1970), by Italian Legislative Decree 06.09.2005, n. 206 (Consumer Code) and by Italian Royal Decree 30.03.1942, n. 327 (Navigation Code). The contract is also governed by these General Terms and Conditions and by the clauses included in the Booking and Cancellation Policy.
2. INSURANCE AND GUARANTEES FOR TRAVELLERS
Italy Unlocked: registered office in Via A. Fioravanti 30/A, 40129 Bologna (BO) Italy, telephone number + 39 351 8350307, VAT number 11136600969.
Insurance policy: Multi-risk civil and professional liability insurance policy, number 4330835 subscribed with the insurance company Europ Assistance.
Guarantees for travellers: The package holidays covered by the Travel Contract and governed by these General Terms and Conditions, are protected by a guarantee for the refund of all payments made by travellers for the purchase of the package holiday insofar as the relevant services are not performed as a consequence of Italy Unlocked’s insolvency or bankruptcy.
3. DEFINITIONS
1. For the purposes of the Package Travel Contract, the following definitions apply:
a) Traveller: any person who is seeking to conclude a contract, or is entitled to travel on the basis of a contract concluded.
b) Trader: any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to package travel contracts, whether acting in the capacity of organiser, retailer, trader facilitating a linked travel arrangement or as a travel service provider;
c) Organiser: a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader.
d) Retailer: a trader other than the organiser who sells or offers for sale packages combined by an organiser.
4. PACKAGE TRAVEL
1. A package is a combination of at least two different types of travel services for the purpose of the same trip or holiday, if:
a) Those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or
b) Irrespective of whether separate contracts are concluded with individual travel service providers, those services are:
(i) Purchased from a single point of sale and those services have been selected before the traveller agrees to pay;
(ii) Offered, sold or charged at an inclusive or total price;
(iii) Advertised or sold under the term “package” or under a similar term;
(iv) Combined after the conclusion of a contract by which a trader entitles the traveller to choose from a selection of different types of travel services; or
(v) Purchased from separate traders through linked online booking processes where the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
5. PRE-CONTRACTUAL INFORMATION
1. Before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the retailer shall provide the traveller with the standard information by means of the relevant form as set out in Part A or Part B of Annex I of the Tourism Code, where applicable to the package, with the following information:
a) The main characteristics of the travel services:
(i) The travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
(ii) The means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the organiser and, where applicable, the retailer, shall inform the traveller of the approximate time of departure and return;
(iii) The location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
(iv) The meal plan;
(v) Visits, excursion(s) or other services included in the total price agreed for the package;
(vi) Where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;
(vii) Where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services will be carried out; and
(viii) Whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs.
b) The trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address;
c) The total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;
d) The arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;
e) The minimum number of persons required for the package to take place and the time-limit before the start of the package for the possible termination of the contract if that number is not reached;
f) General information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
g) Information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser.
h) Information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.
6. PACKAGE TRAVEL CONTRACT
1. Traders shall ensure that package travel contracts are in plain and intelligible language and, in so far as they are in writing, legible. At the conclusion of the package travel contract or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller shall be entitled to request a paper copy if the package travel contract has been concluded in the simultaneous physical presence of the parties. With respect to off-premises contracts, a copy or confirmation of the package travel contract shall be provided to the traveller on paper or, if the traveller agrees, on another durable medium.
2. The package travel contract shall set out the full content of the agreement and shall be deemed to carry forward the details of the pre-contract information form as well as the following information:
a) Special requirements of the traveller which the organiser has accepted;
b) Information that the organiser is:
(i) Responsible for the proper performance of all travel services included in the contract; and
(ii) Obliged to provide assistance if the traveller is in difficulty.
c) The name of the entity in charge of the insolvency protection and its contact details, including its geographical address;
d) The name, address, telephone number, e-mail address and, where applicable, the fax number of a contact point or of another service which enables the traveller to contact the organiser quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the package;
e) Information that the traveller is required to communicate promptly any lack of conformity which he perceives during the performance of the package;
f) Where minors, unaccompanied by a parent or another authorised person, travel on the basis of a package travel contract which includes accommodation, information enabling direct contact with the minor or the person responsible for the minor at the minor’s place of stay;
g) Information on complaint handling procedures and on alternative dispute resolution mechanisms;
h) Information on the traveller’s right to transfer the contract to another traveller.
7. PAYMENTS
1. Unless otherwise agreed, a deposit is required upon confirmation of a booking. The balance must be paid at least 45 days before the first day of service or at the time of booking if this is made 45 days or less prior to the first day of service. Failure to make the payment of the balance of the price of the tourist package within the due date constitutes an express termination of the contract which the organiser will be entitled to consider null.
8. PRICE
1. The price of the tourist package is specified in the contract and expressed in EUR.
9. ALTERATION OF THE PRICE
1. After the conclusion of the package travel contract, prices may be increased only if the contract expressly reserves that possibility and states that the traveller is entitled to a price reduction. In that event the package travel contract shall state how price revisions are to be calculated. Price increases shall be possible exclusively as a direct consequence of changes in:
a) The price of the carriage of passengers resulting from the cost of fuel or other power sources;
b) The level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
c) The exchange rates relevant to the package.
2. If the price increase exceeds 8% of the total price of the package, travellers may terminate the contract.
3. Irrespective of its extent, a price increase shall be possible only if the organiser notifies the traveller clearly and comprehensibly of it with a justification for that increase and a calculation, on a durable medium within 20 days of the start of the package.
4. If the package travel contract stipulates the possibility of price increases, the traveller shall have the right to a price reduction corresponding to any decrease in the costs referred to in points a), b) and c) of paragraph 1 that occurs after the conclusion of the contract and before the start of the package.
5. In the event of a price decrease, the organiser shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser shall provide proof of those administrative expenses.
10. ALTERATION OF THE CONTRACT BEFORE THE START OF THE PACKAGE
1. Before the start of the package, the organiser cannot unilaterally change package travel contract terms other than the price (in accordance with the above), unless:
a) The organiser has reserved that right in the contract;
b) The change is insignificant; and
c) The organiser informs the traveller of the change in a clear, comprehensible and prominent manner on a durable medium.
2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services or proposes to increase the price of the package by more than 8% the traveller may within a reasonable period specified by the organiser:
a) Accept the proposed change; or
b) Terminate the contract without paying a termination fee.
If the traveller terminates the package travel contract, the traveller may accept a substitute package where this is offered by the organiser, if possible of an equivalent or a higher quality.
3. The organiser shall inform the traveller in a clear, comprehensible and prominent manner without undue delay, on a durable medium of:
a) The proposed changes and their impact on the price of the package;
b) A reasonable period within which the traveller has to inform the organiser of his decision pursuant to paragraph 2;
c) The consequences of the traveller’s failure to respond within the period referred to in point b), in accordance with applicable national law; and
d) Where applicable, the offered substitute package and its price.
4. Where the changes to the package travel contract or the substitute package result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
5. If the package travel contract is terminated pursuant to point b) of paragraph 2 and the traveller does not accept a substitute package, the organiser shall refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated.
11. TERMINATION OF THE PACKAGE TRAVEL CONTRACT BEFORE THE START OF THE PACKAGE
1. Travellers may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser.
2. The traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination. In the event of termination of the package travel contract under this paragraph, the traveller shall be entitled to a full refund of any payments made for the package, but shall not be entitled to additional compensation.
3. The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, but shall not be liable for additional compensation, if:
a) The number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract, but not later than:
(i) 20 days before the start of the package in the case of trips lasting more than six days;
(ii) 7 days before the start of the package in the case of trips lasting between two and six days;
(iii) 48 hours before the start of the package in the case of trips lasting less than two days;
or
b) The organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.
4. The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate termination fee. Such refunds or reimbursements shall be made to the traveller without undue delay and in any event not later than 14 days after the package travel contract is terminated.
5. With respect to off-premises contracts, Member States may provide in their national law that the traveller has the right to withdraw from the package travel contract within a period of 14 days without giving any reason.
12. TRANSFER OF THE PACKAGE TRAVEL CONTRACT TO ANOTHER TRAVELLER
1. Travellers may, after giving the organiser reasonable notice on a durable medium before the start of the package, transfer the package travel contract to a person who satisfies all the conditions applicable to that contract. Notice given at the latest seven days before the start of the package shall in any event be deemed to be reasonable.
2. The transferor of the package travel contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. The organiser shall inform the transferor about the actual costs of the transfer. Those costs shall not be unreasonable and shall not exceed the actual cost incurred by the organiser due to the transfer of the package travel contract.
3. The organiser shall provide the transferor with proof of the additional fees, charges or other costs arising from the transfer of the package travel contract.
13. TRAVELLERS’ RESPONSIBILITIES
1. Travellers are required to notify organisers of any lack of conformity perceived during the performance of the package in a timely manner.
2. Travellers are responsible for ensuring they possess valid travel documentation (e.g. passports and visas). Foreign citizens shall obtain similar information from their diplomatic representatives in Italy and/or official government channels. Cancellations due to incomplete travel documentation will incur standard cancellation fees
3. Travellers shall check with the competent authorities for official information regarding the country of destination, including socio-political security, health, weather and climate, to evaluate the usability of the services to be booked and purchased and the documents required for access.
4. Travellers must comply with Italy’s laws, regulations and customs at all times.
5. In cases where an organiser pays compensation or grants price reductions to travellers, the organiser has the right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations. Travellers are required to provide the organiser with all documents, information and elements in their possession which might be useful to the organiser to exercise their right of redress against third parties.
6. Travellers shall inform the organiser of any special needs or conditions (pregnancy, food intolerances, disabilities etc.) and clearly specify their request for particular personalised services.
14. ORGANISERS’ RESPONSIBILITES
1. The organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers.
2. The traveller shall inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which she/he perceives during the performance of a travel service included in the package travel contract.
3. If any of the travel services are not performed in accordance with the package travel contract, the organiser shall remedy the lack of conformity, unless that:
a) is impossible; or
b) entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.
If the organiser, does not remedy the lack of conformity, under certain circumstances travellers may be entitled to a price reduction or compensation for damages.
4. Without prejudice to the exceptions laid down in paragraph 3, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller, the traveller may do so himself and request reimbursement of the necessary expenses. It shall not be necessary for the traveller to specify a time-limit if the organiser refuses to remedy the lack of conformity or if immediate remedy is required.
5. Where a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organiser shall offer, at no extra cost to the traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the package. Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, the organiser shall grant the traveller an appropriate price reduction. The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate.
6. Where a lack of conformity substantially affects the performance of the package and the organiser has failed to remedy it within a reasonable period set by the traveller, the traveller may terminate the package travel contract without paying a termination fee and, where appropriate, request, price reduction and/or compensation for damages. If it is impossible to make alternative arrangements or the traveller rejects the proposed alternative arrangements the traveller is, where appropriate, entitled to price reduction and/or compensation for damages without terminating the package travel contract.
7. In the event that it is impossible to ensure the traveller’s return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, if the carriage of passengers is included in the contract, the organiser shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in Union passenger rights legislation applicable to the relevant means of transport for the traveller’s return, those periods shall apply.
8. The limitation of costs referred to in paragraph 7 shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit his liability if the relevant transport provider may not rely on such circumstances under applicable Union legislation.
15. PRICE REDUCTION AND COMPENSATION FOR DAMAGES
1. Travellers are entitled to an appropriate price reduction for any period during which there was lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.
2. Travellers shall be entitled to receive appropriate compensation from the organiser for any damage which the traveller sustains as a result of any lack of conformity. Compensation shall be made without undue delay.
3. The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is:
a) Attributable to the traveller;
b) Attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or
c) Due to unavoidable and extraordinary circumstances.
4. Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a travel service which is part of a package, the same limitations shall apply to the organiser. Insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the package travel contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury or damage caused intentionally or with negligence and does not amount to less than three times the total price of the package.
5. The right to a price reduction, or to compensation for damages for changes to the package travel contract, has a two-year limitation period starting from the end date of the package.
6. The limitation period for introducing claims for personal injury is 3 years after the end of the package.
16. OBLIGATION TO PROVIDE ASSISTANCE
1. The organiser must give appropriate assistance without undue delay to the traveller in difficulty, by:
a) Providing appropriate information on health services, local authorities and consular assistance; and
b) Assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.
2. The organiser shall be able to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence. That fee shall not in any event exceed the actual costs incurred by the organiser.
17. INSURANCE AGAINST CANCELLATION CHARGES
1. It is possible and advisable for travellers to subscribe special insurance policies at the time of booking to cover the cost of termination, as well as the costs arising from accidents and/or illnesses, which also cover the cost of repatriation, and for loss of and/or damage to luggage. The rights arising from insurance contracts must be exercised by the traveller directly with the insurance companies involved, under the terms and conditions of these policies, paying particular attention to the timing of opening the claim and to the deductibles, limitations and exclusions.
18. GUARANTEES FOR THE TRAVELLER
1. Organisers are covered by a civil liability insurance in favour of the traveller for compensation for damages arising from breach of the obligations assumed with the contract.
2. Organisers shall provide security for the refund of all payments made by or on behalf of travellers insofar as the relevant services are not performed as a consequence of the organiser’s insolvency. If the carriage of passengers is included in the package travel contract, organisers shall also provide security for the travellers’ repatriation. Continuation of the package may be offered. Organisers not established in a Member State which sell or offer for sale packages in a Member State, or which by any means direct such activities to a Member State, shall be obliged to provide the security in accordance with the law of that Member State.
3. The security shall be effective and shall cover reasonably foreseeable costs. It shall cover the payments made by or on behalf of travellers in respect of packages, taking into account the length of the period between down payments and final payments and the completion of the packages, as well as the estimated cost for repatriations in the event of the organiser’s insolvency.
4. An organiser’s insolvency protection shall benefit travellers regardless of their place of residence, the place of departure or where the package is sold and irrespective of the Member State where the entity in charge of the insolvency protection is located.
19. MANDATORY COMMUNICATION UNDER ARTICLE 17 OF ITALIAN LAW 2006/38
“Italian law punishes offences concerning prostitution and child pornography by imprisonment, even if committed abroad”.