General Conditions of Tourist Packages Sale
(the “General Conditions of Sale”)
FindYourItaly is the commercial trademark through which FindYourItaly S. r.l. carries out activities of organization and sale of tourist packages (accordingly to Aut.Prov MI Prot. 238876, Milano, Via Durando 38/a, Professional and Travel Insurance n° 194125). The present General Conditions of Sale apply to all products offered by FindYourItaly, except as may be communicated to the act of the booking proposal. With the filing of the booking proposal, the Tourist claims and acknowledges that it viewed, read and received the General Conditions of Sale, valid at the time of the booking request. The present General Conditions of Sale governs the relationships between FindYourItaly S.r.l. (alternatively “FYI”, “Travel Organizer” or “Organiser”), Fiscal Code 02498820188, with head office in Milano, Via Durando 38/A and the subject (“Tourist”) that intends to purchase one or several products included in the FYI catalogue.
1. LEGISLATIVE SOURCES The sale of Tourist packages with the purpose of providing National as well as International services, is regulated – including its abrogation under art. 3 of Legislative Law no. 79 of 23 May 2011 (the “Code of Tourism”) – by L. 27/12/1977 no. 1084 approved and executed by the International Convention concerning travel contracts (CCV), signed in Brussels on 23/4/1970 – as far as it is applicable – as well as by the Code of Tourism (art. 32-51) and its successive modifications.
2. ADMINISTRATIVE REGIME. The organiser must, as well as the broker appointed by the organiser, be certified at the time of carrying out of the activity, according to the administrative and regional legislation. Pursuant to and in accordance with art. 18, paragraph VI, of the Code of Tourism, the use of the company name or business name of the words “travel agency “, “tourism agency” , “tour operator”, “travel mediator” that is other words or expressions, also in a foreign language, of a similar nature, is exclusively permitted to the certified companies set forth in the first paragraph.
3. DEFINITIONS for the purposes of this contract are intended as follows: a) Travel Organiser or Organiser: the subject that is obliged in their own name and with lump sum payment to provide tourist packages to third parties, realising the combination of elements referred to in art.4 and offering the Tourist, also through a remote system of communication, the possibility of carrying out autonomously and purchasing such combination; b) Intermediary: the subject that, even if not professionally or without any profit , sells or is obliged to provide Tourist packages carried out pursuant to and in accordance with art. 4 with lump sum payment; c) Tourist: the buyer, the assignee of a Tourist package or any other person to be appointed, provided that the same satisfies all the conditions required for realization of the service, on behalf of which the main contractor is committed to buying a Tourist package.
4. NOTION OF TOURIST PACKAGE
The concept of Tourist Package is the following; “Tourist Packages have as their object trips, holidays, “all included” circuits, Tourist cruises, resulting from the combination, by anyone and any how performed, of at least two of the elements indicated as follows, sold or offered on sale at a forfeit price at an all inclusive price:
c) Tourist services (the “Tourist Services”) not additional to the transport or accommodation referred to in art. 36 that constitute for satisfaction of the recreational needs of the Tourist, a significant part of the “Tourist Package”.
The Tourist is entitled to receive a copy of the sale agreement of the Tourist Package (drafted pursuant to and in accordance with art. 35 of the Code of Tourism). The contract constitutes a right to access the Guarantee Fund provided for in the following art. 21.
5. INFORMATION FOR THE TOURIST – TECHNICAL SCHEDULE The Organiser prepares in draft either in the catalogue or in the program apart from the catalogue – also in e-format or in computerised form – a Specifications Sheet. The compulsory elements of the Specifications Sheet of the catalogue or of the catalogue aside from the catalogue are:
– administrative authorisation details or, if applicable, the D.I.A. ( Declaration of Starting Business) or S.C.I.A. of the Organiser;
– details of the insurance policy and civil responsibility;
– validity period of the catalogue or of the program apart from the catalogue;
– procedures and conditions of replacement of the traveller;
– parameters and adjustment criteria of travel cost.
The Organiser will also include in the specifications sheet any further particular conditions.
6. BOOKINGS The Tourist that intends to require FYI consultancy for the preparation and purchase of a Tourist Package, shall send a booking proposal of the Tourist Package and consultancy request (the “Booking Proposal” or “Proposal”) through the forms expressly provided within the website www.findyouritaly.com. With the Proposal, the Tourist may autonomously draft their own Tourist Package, choosing from within the FYI catalogue published on the website and forward electronically, the Proposal to FYI (through the system called “Travel Configurator”). Upon sending the Proposal, the Tourist proceeds, again electronically, to payment of the sum requested by FYI. After the aforementioned payment the FYI proceeds to check the availability of the Tourist packages requested by the Tourist.
Whenever all the Tourist Services included within the required Tourist Package in the Proposal, are available, then FYI shall electronically confirm acceptance of the Proposal to the Tourist, notifying the Tourist all information of the purchased Tourist Package and indicating the term for payment of the full amount due by way of purchase for the Tourist Package (the “Price”). FYI, as it receive the Price payment confirmation, shall address the Tourist all final documents relating to the finalized purchase of the Tourist Package, including the invoice for the payment of the Price.
Whenever one or more of the Tourist Services included within the required Tourist Package in the Proposal are not available, then FYI shall propose the Tourist one or more alternative Tourist Packages, for the required period, within FYI catalogue published on the website.
If the Tourist decides to purchase an alternative Travel Package, FYI shall electronically notify the Tourist all information of the selected Tourist Package, indicating the term for payment of the Price. FYI, as it receive the Price payment confirmation, shall address the Tourist all final documents relating to the finalized purchase of the Tourist Package, including the invoice for the payment of the Price.
In all cases, FYI will provide the Tourist, before departure, with the instructions relating to the Tourist Package not included in the contract documents in the brochures that is in other written means of communication, as provided for in art. 37, paragraph 2 Code of Tourism. Pursuant to and in accordance with art. 32, paragraph 2, Code of Tourism, in the event of contracts concluded remotely or outside of the commercial premises (as defined respectively by art. 50 and 45 of Legislative Decree 206/2005), FYI reserves the right to communicate in written form the inexistence of withdrawal right provided for by art. 64 and following articles of Legislative Decree 206/2005.
7. PAYMENTS FAILURE without prejudice to that provided for by art. 6 above, failure to make payment of the sums mentioned above by the deadlines established constitutes, as per the express termination clause as determined by the intermediary and /or the Organiser, cancellation of the contract.
8. PRICE The Price is determined in the contract, with reference to that indicated in the catalogue or program apart from the catalogue and any updates of the same catalogues or programs apart from the catalogue subsequently added. The price can be changed up to 20 days before departure and only due to variations of rights and taxes on Tourist services.
9. MODIFICATION OR CANCELLATION MADE TO THE TOURIST PACKAGE BEFORE DEPARTURE Before departure should the Organiser or the Intermediary need to make significant changes of one or more elements of the contract, they must give immediate written notice to the Tourist, indicating the type of modification and the subsequent variation in price. If the tourist does not accept the modified proposal according to paragraph 1, the Tourist may exercise alternatively their right to receive the sum already paid or benefit from the offer of a replacement Tourist Package according to the 2nd and 3rd paragraph of art. 10. The tourist may exercise their above mentioned rights even when the cancellation is due to circumstances beyond their control or force majeure, in relation to the Tourist Package purchased. The same is applicable for cancellations other than those caused by unforeseeable circumstances or by fortuitous events, as well as for those different from the non-acceptance by the Tourist of the alternative Tourist Package offered,
Where the Organiser cancels, (Art. 33 letter e) of the Consumer Code), the same shall reimburse the Tourist double the amount already paid and cashed by the Organiser, by the same Organiser or by the Intermediary. The sum object of the reimbursement will never be more than double the amounts of which the Tourist would be debtor at on the same date as provided for by art. 10, paragraph 4 in the event of cancellation by the consumer.
10. TOURIST WITHDRAWAL The Tourist may withdraw from the contract, without paying a penalty, in the following circumstances:
– price increase exceeding of the 10% referred to in the previous art.8 ;
– significant modification of one or several elements of the contract objectively deemed as fundamental for the purposes of fruition of the Tourist Package which has been considered and proposed in its entirely by the Organiser after conclusion of the same contract but before departure and which has not been accepted by the Tourist.
In the cases mentioned above, the Tourist has the alternative right:
– to benefit from an alternative Tourist package, without any additional charge or with refund of the surplus price, if the second Tourist Package has a value lower than the first;
– to be refunded only part of the price already paid. Such refund will have to be carried out within seven working days from the time of receipt of the refund application. The Tourist must communicate their decision (whether to accept the modification or to withdraw) within two working days from the time the same receives the increase or modification notice. In the absence of an express communication within the above mentioned term, the proposal formulated by the Organiser is assumed to be accepted. Should the Tourist withdraw from the contract before departure due to reasons other than those indicated in the first paragraph, or in the case provided for by art. 7, paragraph 2, they will be charged independently from the payment of the deposit according to paragraph 1, article 7 the individual cost of case managing, the penalty indicated in the specifications of the Catalogue for the Tourist withdrawal, any eventual compensation of insurance coverage already requested at the time of the conclusion of the contract or for other services already paid for.
11. MODIFICATIONS MADE AFTER DEPARTURE
If, after departure, the Organiser is unable to fulfill due to any reason an essential part of the services offered in the contract, excluding personal Tourist cases, the organiser must propose alternative solutions, without additional costs charged to the contracting party, and if the services provided have a value lower than those provided for in the original proposal , must reimburse the Tourist in measure equal to such difference. Where no alternative solution is possible, that is the Tourist refuses the solution offered by the Organiser for substantiated or justified reasons, the Organiser will provide without any additional cost, a means of transport equivalent to the original one to enable the Tourist to return to the point of departure or to a different place that may have been agreed, according to the means and places availability. The organiser will reimburse the difference between the cost of the previously agreed services and the services offered for the expected return date.
12. REPLACEMENTS The withdrawing Tourist can choose to be replaced by another person provided that:
a) the Organiser is informed of this in written form at least 4 working days before the established date of departure, receiving contextually communication as to the reasons for the replacement and the full personal details of the assignee;
b) the transferee or assignee fulfills all conditions for fruition of the service (former art. 39 Code of Tourism) and in particular the requirements relating to passport, visas and health certificates;
c) the same services or other services in replacement can be provided following replacement;
d) the replacement party must reimburse the Organiser all additional expenses incurred while performing the replacement, to the extent to be quantified before transfer. The transferor and the transferee are fully responsible for payment of the balance as well as for the costs referred to in letter d) of this article. Any further replacement procedures and conditions will be indicated in the specifications.
During negotiations and in any case before conclusion of the contract, foreign citizens are required to inform themselves of the general information relating to the health obligations and the documents necessary to enter Italy through their diplomatic representatives present in Italy and/or their respective official government information channels. In any case, before departure, Tourists must check that this information is updated by the competent Authorities (through the site www.esteri.it/visti) and complying before departure. In the absence of this verification, neither the Intermediate nor the Organiser will be held responsible for one or several Tourists being unable to travel. The Tourists will have to inform the Intermediary or the Organiser of their citizenship and, at the moment of departure, must definitively ensure being in possession of all relevant vaccination certificates, individual passport and any other document valid for Italy as well as for all the countries that may be visited before entering Italy, as well as any travel and transit visas and health certificates that might be required. Tourists will have also to observe the rules of normal prudence and diligence as well as comply with those specifically in force at the place of destination, with all information provided by the Organiser, as well as with the administrative or legislative rules relating to the Tourist Package. The Tourists will be held responsible for all damages that the Organiser and/or the Intermediary should suffer also due to the failure to respect the above mentioned obligations, here included the expenses necessary for their repatriation. The Tourist is required to provide the Organiser with all documents, information and elements in their possession useful to exercise the right of subrogation of this latter towards third parties responsible for damage and is responsible to the Organiser for any prejudice caused to the right of subrogation. Upon booking, the Tourist will also communicate in writing to the Organiser any particular personal requests that may form part of specific agreements on travel arrangements, if this can be carried out. The Tourist will have to inform the Intermediary and the Organiser of any possible needs or particular conditions (pregnancy, food intolerance, disabilities, etc.) and explicitly specify the request of relative customised relative services.
14. HOTEL CLASSIFICATION The official classification of hotel structures is provided in the catalogue or in any other information material only according to the explicit and formal indications of the competent authorities of the country in which the service is provided.
If no official classification has been recognised by the competent Public Authorities of the countries that are also members of the EU to which the service is addressed, the Organiser reserves the right to provide its own description of the receptive structure in the catalogue or in the brochure such as to allow an evaluation and consequent acceptation of the same by the Tourist
15. LIABILITY SYSTEM
FYI is responsible for any damages caused to the Tourist due to total or partial failure to fulfill contractual obligations, whether they are caused by the Organiser in person or by third party suppliers of services, unless FYI is able to prove that the event has derived from a fact related to the Tourist (here including initiatives independently taken by this latter during the course of performance of the Tourist services composing the Tourist Package purchase) or due to an inevitable or unforeseeable event, to circumstances extraneous to services provided for in the contract, to a fortuitous case, force majeure, that is to circumstances that the same FYI could not reasonably foresee or resolve, according to its professional diligence. The Organizer is exempt from liability for loss or damage to baggage when these are due to the Tourist or when they are determined by the fact that third parties to unforeseeable or unavoidable, or by chance or force majeure. Outside of these the Organizer’s responsibility in any case, will be limited to the Art. 95 of the Codice del Consumo.
Compensation according to art. 44, 45 and 47 of the Code of Tourism and the relative limitation terms are regulated by that here provided and in any case within the limits determined by C.C.V, by the International Conventions that regulate the services, object of the Tourist Package as well as those contained in art. 1783 of the Civil Code.
17. ASSISTANCE OBLIGATION The Organiser must provide all measures of assistance to the Tourist according to the criterion of professional diligence with exclusive reference to the obligations for which it is responsible according to law or contract. The Organiser is exempt from any responsibility (art. 15 e 16 of the present General Conditions), when the non –fulfillment or inexact fulfillment of the contract is attributable to the Tourist or depends on a third party of an unforeseeable or inevitable nature, where it has been caused by a fortuitous event or by force majeure.
18. COMPLAINTS AND CLAIMS Every failure in the carrying out of the contract must be contested during fruition of the package through prompt presentation of a complaint so that FYI or its local representative can find a solution at the right moment. Alternatively the damage reimbursement will be decreased or excluded according to art 1227 of the Civil Code. The Tourist must also – upon penalty of cancellation – send their complaint by registered letter with return receipt, or through any other means that guarantees the communication of receipt, to the Organiser or the Intermediary, within ten working days from the date the Tourist returns to their place of departure.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES If not expressly included in the price, it is possible, and it is recommended to draw up at the moment of booking at the offices of the Organiser or of the Intermediary a special insurance policy against expenses deriving from cancellation of the Tourist Package and from any accidents. It will be also possible to draw up a contract of assistance that covers all repatriation expenses in the event of accidents, illnesses, fortuitous cases and/or force majeure. The Tourist will exert their rights deriving from these contracts exclusively towards the contracting associations, according to the conditions and procedures provided for in such policies. The Travel Organiser makes available for its customers the possibility of drawing up the afore-mentioned insurance through an insurance company indicated in the site www.findyouritaly.com that, if required and authorised by the Tourist, will contact the latter directly to agree all the details of such insurance policies linked to the Tourist Package booked.
20. ALTERNATIVE TOOLS OF CLAIMS SOLUTIONS Pursuant to and by effect of art. 67 Code of Tourism, FYI will be able to propose to the Tourist a catalogue, on its own site or in other forms, an alternative resolution procedure for those claims that have arisen. In this case the Organiser will indicate the type of alternative resolution proposed and the effect that such adhesion involves. This contract and all eventual controversies that may arise with regard to its interpretation, application and/or fulfillment, will be presented for the competence of the Court of Milan.
21. GUARANTEE FUND (art. 51 Code of Tourism). The National Guarantee Fund established to protect Tourists that are in possession of a contract, fulfills the following requirements in case of declared insolvency or bankruptcy of the Intermediary or of the Organiser:
a) reimbursement of the amount paid;
b) repatriation in the event of travel abroad.
The fund must also provide immediate economic assistance in the case of forced re-entry of Tourists from non-EU countries due to emergencies imputable or not to the Organiser’s behaviour. The Fund’s interventions procedures are established in the Prime Ministerial Decree of 23/07/99, no. 349 and the applications for reimbursement to the Fund are not subject to any limitation period. The Organiser and the Intermediary shall contribute to such Fund in the measure set forth in the paragraph 2 of the above mentioned art. 51 of the Code of Tourism through the payment of a compulsory insurance bonus that he has to draw up, a share of which is deposited into the Fund according the procedures provided for in art.6 of Ministerial Decree 349/99.
22. PENALTIES FOR EARLY WITHDRAWAL FROM THE PURCHASED TOURIST PACKAGE The Tourist cancelling the Tourist Package purchase, except for cases of Article 10, will be subject to the following payments as penalties for early cancellation:
From the day after the finalization of the booking to 45 days before the departure: 5% (five percent) of the Total Price;
From 44 days to 30 days before the departure: 15% (fifteen percent) of the Total Price;
From 29 days to 20 days before the departure: 50% (fifty percent) of the Total Price;
From 19 days to 15 days before the departure: 75% (seventy-five percent) of the Total Price;
Over that term: 100% (one hundred percent) of the Total Price.
ADDENDUM GENERAL CONDITIONS OF SALE OF INDIVIDUAL TOURIST SERVICES
A) HIKING AND TOURIST SERVICES
Hikings and services not included in the price of the Tourist Package. The purchased hikings, and services on site and not included in the price of the Tourist Package, although it can be illustrated and described in this catalog, are outside the scope of these General Conditions of Sale. Therefore, the Organiser is not liable for reservations and/or booking made directly between the Tourist and any Tourist Services provider.
Hikings and services included in the price of the Tourist Package or booked in conjunction with this. For hiking included within the price of the Tourist Package (either incorporated a priori in the package, as well as those added at the request of the Consumer optional ) and whose execution is conditional upon the achievement of a minimum number of participants, in case of impossibility to realize them on the scheduled day due to bad weather , force majeure, fortuitous events or otherwise an unforeseeable event and therefore not attributable to the Organizer, the Organization , if possible, may decide to postpone the hiking to another day, communicating this change to the customer within 24 hours before the scheduled meeting point for the hike. Alternatively, you can offer the customer the opportunity to participate on the same day to another hiking , however, not feasible as susceptible to these conditions , without thereby having to pay any difference in price.Alpha
The contracts having as object the offer of the service of accommodation only, that is of any other separate Tourist service, and since it cannot be considered a negotiation of the travel organisation, that is of the Tourist Package, are regulated by the following regulations of the CCV (International Convention on Travel Contracts): art. 1, no. 3 and no. 6; art. from 17 to 23; art. from 24 to 31 (limited to parts of such regulations that do not refer to the contract of organisation) as well as to other agreements specifically referring to the sale of the individual object of contract. The vendor that agrees to provide to third parties, also by electronic means, a separately combined Tourist service, must provide the Tourist documents relating to this service that show the sum paid for the service and the same may in no way be considered Travel Organiser.
B) CONDITIONS OF THIS ADDENDUM
The following clauses of this General Condition of Tourist Packages Sale are also applicable to the Addendum: art. 6; art. 7; art. 13; art. 18. The application of the said clauses in no way categorises the relative services as part of the Tourist Package. As such, the terminology of the afore mentioned clauses relating to the Tourist Package contract (Organiser, travel etc.) shall be understood with reference to the corresponding figures of the contract of sale of the individual Tourist services (vendor, accommodation etc.).