GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS FOR TOURIST PACKAGES
1. APPLICABLE LAWS
According to the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (transposed in Italy with Legislative Decree n.62 of 21 May 2018) amending Regulation (EC) n. 2006/2004 and Directive 2011/83/UE of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. Directive (EU) 2015/2302 link: https://eur-lex.europa.eu/eli/dir/2015/2302/oj / Leg. D. 62/18 http://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
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 “Tourism Code” (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”).
The contract is also governed by these General Terms and Conditions, by the clauses indicated in the catalogue, in the information leaflet and in the travel documentation delivered to the customer.
The description of the tourist package forming the subject matter of the contract is contained in the catalogue and in the information leaflet.
For the purpose of this contract the following definitions apply:
a) travel organiser: the entity which undertakes to provide tourist packages to third parties in exchange for a flat-rate price, realising 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 realise 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 realised 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 organiser 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 organised GOINSICILY by SICILY ACTION SRL (hereinafter simply referred to as the “organiser”), with Registered Office in San Giovanni la Punta(CT) at Via Roma 114, telephone +390958998743 Fax +390958880193 VAT IT05304190878, with Authorisation from the Sicilian Region no. D.D.S. n° 3451S7 issued on 16 December 2016. GoinSicily is covered by civil and professional liability multi-risk insurance policy no. 77716074 taken out with the insurance company Allianz-
This catalogue is valid from 1 January to 31 December. The organiser reserves the right, in any case, to make changes to it in relation to factual circumstances or legislative amendments.
4. 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, realised 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: a) transport; b) accommodation; 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.
5. SALE CONTRACT OF A TOURIST PACKAGE
The tourist has the right to receive a copy of the sale contract of the tourist package, drawn up in written form and signed by the organiser or seller. The contract 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 authorisation to practise of the organiser or intermediary signing the contract;
c) price of the tourist package, regulations for its revision, duties and taxes on landing, disembarkation or boarding services in ports and airports and any other expenses charged to the tourist;
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 balance; the aforementioned amount is paid by way of a deposit but the effects described in Article 1385 of the Italian Civil Code are not produced if withdrawal depends on unexpected circumstances that are not attributable to a given party or that are justified by serious non-performance on the part of the other party;
e) details of the mandatory insurance cover and of any other policies agreed upon with the tourist;
f) the means, characteristics and categories of transport to be used, the dates, times and points of departure and return, type of place assigned;
g) where the package also includes air transport, the name of the carrier and any non-compliance with the regulations of the European Union;
h) where the tourist package includes hotel accommodation, its location, its tourist category, degree of comfort, its suitability to accommodate disabled persons, and its main features, its compliance with the rules of the Host Member State concerned and the meal plan;
i) itinerary, visits, excursions or other services which are included in the tourist package, including the presence of tour leaders and tourist guides;
l) the deadline for informing the tourist in the event of cancellation of the trip due to failure to reach the minimum number of participants required;
m) specific agreements regarding travel arrangements expressly reached between the organiser or the intermediary and the tourist at the time of booking;
n) any expenses charged to the tourist for transferring the contract to a third party;
o) period within which the tourist must present any claims concerning non-performance or improper performance of the contract;
p) period within which the tourist must communicate his choice regarding the amendments to the contractual conditions referred to in Article 41 of Legislative Decree 79/2011.
Possession of the contract document is indispensable for applying, should the need arise, to the Guarantee Fund indicated in Article 21 of these General Terms and Conditions of Sale Contracts.
6. COMPULSORY INFORMATION – TECHNICAL FORM
The organiser is duty bound to include in the catalogue, or in the out-of-catalogue programme, a technical form (also in electronic format or transmitted by remote electronic means) containing the following details:
• details of the organiser’s administrative authorisation;
• details of the civil liability insurance policy;
• time period of validity of the catalogue or of the out-of-catalogue programme or of the customised trip;
• procedures and conditions for substitution and transfer of the contract (Article 39 of the Consumer Code);
• change of reference for the purpose of price, day or currency adjustments (Article 40 of the Tourism Code).
Moreover the organiser shall inform tourist(s) of the identity of the actual carrier(s) within the time and manner foreseen by Reg. EC 2011/2005.
The organiser shall supply the tourist with all the information detailed in Article 37 of the Tourism Code.
When the contract is stipulated close to the departure date, the indications referred to in Article 37. paragraph 1 of the Tourism Code will be provided at the moment in which the contract is stipulated.
Pursuant to Article 32, paragraph 2, of the Tourism Code, in the event of remote contracts or contracts stipulated away from the business premises, the organiser reserves the right to communicate in writing the inexistence of the right of withdrawal provided for by Articles 64 et seq. of Legislative Decree 206/2005 (Consumer Code
7. INFORMATION LEAFLET
The organiser will provide the tourist with the information leaflet relevant to the travel package containing:
a) the destination, the means, type and category of transport used;
b) the accommodation in hotel or other type of lodging, exact location with particular regard to the distance from the main tourist attractions of the place, the class or degree of comfort and the main features with particular regard to the quality standards offered, the approval of the said accommodation and its classification by the Host Country;
c) the meal plan;
d) the itinerary;
e) general information applicable to the citizens of a Member State of the European Union as regards passport and visa, with indications on the period required for issue, as well as health obligations and relative formalities to be carried out for the conducting of the trip and relative period of stay;
f) the amount or percentage of the price to be paid by way of deposit and the deadlines for settling the balance;
g) an indication of the minimum number of participants required for the package trip to take place and of the deadline within which the tourist must be informed of the cancellation of the tourist package;
h) the terms, the methods, the party in relation to whom the right of withdrawal is exercised in accordance with Articles 64 to 67 of Legislative Decree no. 206 of 6 September 2005, in the event of a contract stipulated away from the business premises, or a remote contract;
i) details of the mandatory insurance cover, of any other optional insurance policies to cover the expenses borne by the tourist for the cancellation of the contract or for repatriation in the event of accident or illness, in addition to any further insurance policies taken out by the tourist in relation to the contract.
The information contained in the leaflet binds the organiser and the intermediary in relation to their respective liabilities, unless the changes in the conditions indicated therein are transmitted in writing to the tourist prior to the stipulation of the contract or agreed between the contracting parties by means of a specific written agreement, subsequent to stipulation.
The information and the illustrative materials published in electronic format or transmitted by remote electronic means have the same validity as the information leaflet.
Bookings are made at the organising company’s Registered Office at Via Roma 114, 95037 San Giovanni La Punta + 390958998743 , fax +398880193 , e-mail: [email protected], [email protected], [email protected], [email protected]
The booking request must be drawn up on the specific form which may be electronic, filled in throughout and signed by the customer and sent either by e-mail or by fax.
Acceptance of bookings will be deemed to have been effected, with consequential conclusion of the contract, only when the organiser sends confirmation (also by remote electronic means) to the customer, possibly via the selling travel agency.
Any indications relating to the tourist package not contained in the contractual documents, in the catalogue or in other written forms of communication, will be provided by the organiser in normal fulfilment of the obligations imposed on it, in good time before the start of the trip.
Acceptance of bookings by the organiser will be subject to availability of places.
The organiser reserves the right not to effect the trip if the minimum number of participants, which may be indicated in the catalogue, is not reached, informing the traveller in writing at least twenty days in advance of the scheduled departure date.
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 20 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 organiser 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 prices of the tourist packages published in the catalogue are expressed in Euros and have been calculated on the basis of the hotel rates and costs in force in the month of October 2014, in accordance with the contracts entered into by the organiser with the carriers and suppliers.
The price of the tourist package is determined in the contract, with reference to the information as stated in the catalogue or in the information leaflet and any subsequent updates to the same that may have taken place.
Revision of the sale price of the tourist package agreed between the parties is admissible up to 20 days prior to the trip, as a result of a variation in the cost of transport, fuel, duties and taxes such as those for landing, disembarkation or boarding in the ports and airports, or in the exchange rate applied.
For such variations, reference shall be made to the above mentioned costs and exchange rates applicable on the date of stipulation of the contract.
An upward revision cannot in any case exceed 10% of the original price.
If the increase in price were to exceed the percentage stated in the previous paragraph, both parties would have the right to withdraw from the contract, following reimbursement of the amounts already paid to the other party.
The price may not, in any case, be increased in the twenty days preceding departure.
11. AMENDMENT OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Should the organiser 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, 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 organiser or to the intermediary, in writing, within two working days of receipt of the written communication referred to in paragraph 2.
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 programme, 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 organiser 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.
12. WITHDRAWAL OF THE TOURIST
The tourist may withdraw from the contract without the application of a penalty in the following cases:
• increase in the price referred to under the preceding Article 10 of more than 10%;
• 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 organiser 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 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 organiser will be deemed to have been accepted.
No compensation will be due, on the other hand, when the tourist package is cancelled due to failure to reach the minimum number of participants required and the tourist has been informed in writing at least twenty days prior to the scheduled departure date, or alternatively due to force majeure, with the exception, in both cases, of overbooking.
Save as may be provided otherwise in special conditions, any tourist withdrawing from the contract prior to departure and not falling within the cases governed by these general conditions and by Legislative Decree 79/2011, will be charged – apart from the initial deposits already paid – the specific individual handling costs of the dossier, payment for insurance cover already requested (if any) at the time of stipulation of the contract or for other services already rendered and the penalties calculated according to the following percentages on the amount of his participation price, determined on the basis of the number of days prior to the departure date the communication was received (the calculation of the number of days does not include the date of the withdrawal –this must be received on a working day prior to the departure), if not agreed differently in our offer via e-mail:
• from 59 to 31 days: 10% for all trips and stays;
• from 30 to 21 days: 25% for all trips and stays;
• from 20 to 8 days: 50% for all trips and stays;
• from 7 to 4 days: 75% for all trips and stays;
• from 3 to 0 days: 100% for all trips and stays
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.
In the case of pre-established groups, penalties shall be agreed upon on a case by case basis when stipulating a contract.
13. CHANGES REQUESTED BY THE CUSTOMER
Any changes requested by the customer when the booking has already been made will not be binding for the organiser, who may decide at its own discretion whether or not to accept them.
In any case, a request for changes by the customer will entail a fixed charge of not less than € 20 for administration costs for changes relating to: place of departure, hotel services, the hotel itself, reduction in the duration of the stay, hiring and miscellaneous costs, departure date.
14. 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 organiser or the intermediary at least four working days before the departure date, that 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 organiser 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 organiser 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.
Any further terms and formalities regarding substitution may be indicated in the information leaflet.
15. TOURIST OBLIGATIONS
During the preliminary meetings and, in any case, before the signing of the contract, Italian citizens are given general information in writing – updated to the date of publication of the Catalogue – concerning the health requirements and documentation needed to go abroad, in accordance with the terms laid down in Legislative Decree 79/2011.
Foreign citizens shall obtain similar information from their diplomatic representatives in Italy and/or official Government channels.
In all cases the tourists shall, before departure, check the latest update with the competent authorities (for Italian citizens at the local Questura (Police Headquarters) or the Ministry of Foreign Affairs on the sitewww.viaggiaresicuri.it or the Telephone Switchboard No. +39-06-491115) in order to comply with their guidelines before departure.
In the absence of such verification, the seller or organiser 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. Tourists shall inform the seller and the organiser – under their own responsibility, also as regards the exactness and truthfulness of the information and data supplied – of their citizenship and, at the time of departure, they must be certain that they possess the 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 or health and insurance policies that may be required.
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 (utilising 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 organiser 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 organiser may suffer also as a result of failure to comply with the above mentioned obligations.
The tourist is, moreover, bound to supply the organiser 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 (Article 48 of Legislative Decree 79/2011) and he is liable towards the organiser should he obstruct the latter in the exercising of its right of subrogation.
At the time of booking, the tourist shall also inform the organiser 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 organiser of any special needs or conditions (pregnancy, food allergies, disabilities etc.) and clearly specify the request for particular personalised services.
16. HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalogue 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 recognised by the competent Public Authorities to which the service refers, the organiser reserves the right to provide its own description of the accommodation structure in the catalogue or brochure, in order to allow the tourist to evaluate it and consequently accept it.
17. LIABILITY REGIME
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 organiser 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 organisers or intermediaries 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.
The right to compensation for damage becomes statute-barred three years after the date of the tourist’s return to the place of departure; this term is reduced to eighteen or twelve months in cases concerning non-performance of the transport services included in the tourist package for which Article 2951 of the Italian Civil Code applies.
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 organiser 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 and by Articles 1783 and 1784 of the Italian Civil Code.
The organiser 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 organiser 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.
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 organiser, 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 organiser or the intermediary within ten working days of the date of return to the place of departure.
19. INSURANCE AGAINST COSTS OF CANCELLATION OR FOR REPATRIATION – VARIOUS INSURANCE POLICIES
While the obligation remains for the organiser 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 behaviour of the organiser 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 organiser, 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.
In any case, the Ministry of Foreign Affairs may request of the parties concerned the total or partial reimbursement of the expenses borne for the assistance and repatriation of persons who, in a foreign country, deliberately exposed themselves – with the exception of cases with justified reasons related to the practice of professional activities – to risks that they would have been aware of had they followed the rules of normal diligence.
The tourist is also entitled to stipulate, at the time of booking, insurance policies guaranteeing assistance, e.g. covering the costs deriving from the cancellation of the package, injury and luggage or health insurance.
20. GUARANTEE FUND
The National Guarantee Fund operates out of the Presidency of the Council of Ministers – Department for the Development and Competitiveness of Tourism, in order to allow, in the case of insolvency or bankruptcy of the seller or organiser, the reimbursement of the price paid and the repatriation of the tourist in the case of travel abroad, and in order to provide immediate economic aid in the case of enforced return of tourists from non EU countries during emergencies attributable or otherwise to the behaviour of the organiser.
Applications to the fund for reimbursement are not subject to any limitation period, except the statute-barring of the right to reimbursement.
The fund is make avail itself of the right to seek reimbursement from the defaulting party.
21. PROTECTION OF PRIVACY
The tourist hereby authorises the organiser to use and to transmit his personal data to third parties in relation to obligations connected with this contract (Legislative Decree 196/2003).
22. APPLICABLE LAW – COMPETENT COURT
The tourist package and the travel contract are governed by Italian law.
The Court of Catania will have exclusive territorial jurisdiction over any dispute arising between the Parties with respect to the validity, creation, performance, execution or termination of this Contract.
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 organisation 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 organisation contract as well as the other agreements specifically referring to the sale of the individual services forming the subject matter of the contract.
B) Contractual Conditions
The following clauses of the General Terms and Conditions of the Contract of Sale for Tourist Packages set out above apply to these contracts: Article 8 paragraph 1 (Booking); Article 9 (Payments); Article 15 (Tourist obligations); Article 19 (Insurance against cancellation or for repatriation). The application of the above clauses will in no way result either in the classification of the related contracts as tourist package contracts or in the application to the same of the provisions of the Tourism Code. The references to the aforementioned clauses and the terminology used in them will be deemed relevant to the correspondent parties of the sale contract for individual tourist services (seller, stay etc)…
GOINSICILY – CATANIA
Sicily Action Srl
Via Roma, 114
95037, San Giovanni La Punta (CT)
Tel. +39 0958998743
E-Mail: [email protected]
Comunicazione obbligatoria ai sensi
dell’art. 16 della legge 03/08/98 n. 269:
La legge Italiana punisce con la pena della reclusione i reati inerenti alla prostituzione e alla pornografia minorile anche se gli stessi vengono commessi all’estero.