GENERAL CONDITIONS OF PARTICIPATION
TOURIST PACKAGES SALES CONTRACT
CONTENT OF THE TOURIST PACKAGE SALES CONTRACT
In addition to the following general conditions, the description of the tourist package contained in the catalogue, or in the separate travel programme, as well as the booking confirmation of the services requested by the traveller, form an integral part of the travel contract. It is sent by the tour operator to the traveler or travel agency, as agent of the traveler and the latter will have the right to receive it from the same. When signing the tourist package sale proposal, the traveler must bear in mind that it is considered as read and accepted, for themselves and for the subjects for whom they request the all-inclusive service, both the travel contract as regulated therein, both the warnings contained therein and these general conditions.
SOURCE OF THE LAW
The sale of tourist packages, which have as their object services to be provided both nationally and internationally, is governed by the Tourism Code, specifically by articles 32 to 51-novies as amended by Legislative Decree No. 62 of 21 May 2018, transposing and implementing EU Directive 2015/2302 as well as by the provisions of the civil code on the subject of transport and mandate, as applicable.
The organizer and the intermediary of the tourist package, which the traveler addresses, must be authorized to carry out their respective activities on the basis of current legislation, including regional or municipal legislation, given the specific competence. The Organizer and the intermediary disclose to third parties, before the conclusion of the contract, the details of the insurance policy for the coverage of risks deriving from professional civil liability, as well as the details of the other optional or mandatory guarantee policies, for the protection of travellersin case of events that may affect the holiday experience, such as travel cancellation, or coverage of medical expenses, early return, loss or damage to luggage, as well as the details of the guarantee against the risk of insolvency or bankruptcy of the organizer and of the intermediary, each to the extent of their own competence, for the purpose of returning the sums paid or the return of the traveler to the place of departure where the tourist package includes the transport service. Pursuant to art. 18, paragraph VI, of the Tour Cod., the use in the reason or company name of the words "travel agency", "tourism agency", "tour operator", "travel broker" or other words and phrases, also in a foreign language, of a similar nature, is allowed only to the authorized companies referred to in the first paragraph.
For the purposes of the tourist package contract, it is meant by:
a) professional, any public or private or legal person who, in the context of his commercial, industrial, artisanal or professional activity in organized tourism contracts, including through another person acting in his name or on his behalf, in a as an organizer, seller, professional who facilitates related tourist services or supplier of tourist services, pursuant to the legislation referred to in the Tourism Code;
b) organiser, a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the traveler to another professional;
c) seller, the professional, other than the organizer, who sells or offers for sale combined packages from an organizer;
d) traveller, anyone who intends to conclude a contract, or enters into a contract or is authorized to travel on the basis of a concluded contract, within the scope of application of the law on organized tourism contracts;
e) establishment, the establishment defined by article 8, letter e), of the legislative decree 26 March 2010, n. 59;
f) durable medium, any tool that allows the traveler or professional to keep the information addressed to him personally so that he can access it in the future for a period of time appropriate to the purposes for which they are intended and which allows the identical reproduction of the information memorized;
g) unavoidable and extraordinary circumstances, a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided even by taking all reasonable measures;
h) lack of conformity, a non-performance of the tourist services included in a package;
i) point of sale, any premises, movable or immovable, used for retail sale or retail website or similar online sales tool, even if retail websites or online sales tools are presented to the travelers as a single tool, including telephone service;
l) repatriation, the return of the traveler to the place of departure or to another place agreed by the contracting parties.
DEFINITION OF TOURIST PACKAGE
The definition of tourist package is the following: the combination of at least two different types of tourist services, such as:
the transport of passengers;
accommodation which is not an integral part of passenger transport and is not intended for residential purposes, or for long-term language courses;
the rental of cars, other vehicles or motor vehicles and which require a category A driving licence;
any other tourist service which is not an integral part of one of the tourist services referred to in numbers 1), 2) or 3), and is not a financial or insurance service, for the purpose of the same trip or holiday, if at least one of the following conditions occour:
1) these services are combined by a single professional, also at the request of the traveler or in accordance with their selection, before a single contract is concluded for all the services;
2) these services, even if concluded with separate contracts with individual suppliers, are:
2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
2.2) offered, sold or invoiced at a lump sum or global price;
2.3) advertised or sold under the name "package" or similar denomination;
2.4) combined after the conclusion of a contract with which the professional allows the traveler to choose from a selection of different types of tourist services or purchased from different professionals through connected online booking processes where the traveller's name, payment details and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with this last or these last professionals is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
CONTENT OF THE CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED
At the time of conclusion of the tourist package sale contract or, in any case, as soon as possible, the organizer or seller provides the traveler with a copy or confirmation of the contract on a durable medium.
The traveler has the right to a paper copy if the tourist package sales contract has been stipulated in the simultaneous physical presence of the parties.
With regard to contracts negotiated away from business premises, defined in article 45, paragraph 1, letter h), of legislative decree 6 September 2005, n. 206, a copy or confirmation of the tourist package sale contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium.
The contract constitutes the right to access the guarantee fund referred to in the following art. 21.
TRAVELER INFORMATION – TECHNICAL DATA SHEET
1. Before the start of the trip, the organizer and the intermediary communicate the following information to the traveler:
a) times, place of intermediate stop and connections; In the event that the exact time is not yet established, the organizer and, where applicable, the seller, inform the traveler of the approximate departure and return times;
b) information on the identity of the operating air carrier, where not known at the time of booking, pursuant to Article 11 of EC Reg. 2111�5 (Art. 11, paragraph 2 of EC Reg. 2111/05: "If the identity of the actual air carrier(s) is not yet known at the time of booking, the air carriage contractor shall ensure that the passenger is informed of the name of the air carrier(s) which will act as the actual air carrier(s) for the flight(s) In this case, the air transport contractor will ensure that the passenger is informed of the identity of the carrier or actual air carriers as soon as their identity has been ascertained and their possible operating ban in the European Union";
c) location, main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
d) the meals supplied included or not;
e) visits, excursions or other services included in the total agreed price of the package;
f) the tourist services provided to the traveler as a member of a group and, if so, the approximate size of the group;
g) the language in which the services are provided;
h) whether the trip or holiday is suitable for people with reduced mobility and, at the traveller's request, precise information on the suitability of the trip or holiday taking into account the traveller's needs. Particular requests on the methods of supply and/or execution of certain services forming part of the tourist package, including the need for assistance at the airport for people with reduced mobility, the request for special meals on board or in the resort, must be made in booking request phase and be the subject of a specific agreement between the traveler and the Organiser, if necessary also through the agent travel agency;
i) the total price of the package including taxes and all duties, taxes and other additional costs, including any administrative and file management expenses, or, where these cannot reasonably be calculated before the conclusion of the contract, an indication the type of additional costs that the traveler may still have to pay;
j) the payment methods, including any amount or percentage of the price to be paid as an advance and the calendar for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
k) the minimum number of people required for the package and the deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for the eventual termination of the contract in case of failure to reach the number;
l) general information concerning the conditions relating to passports and/or visas, including the approximate times for obtaining visas, and the health service of the country of destination;
m) information on the traveler's right to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if applicable, the standard withdrawal costs required by the organizer pursuant to article 41, paragraph 1 of Legislative Decree 79/2011 and specified in the following art. 10 paragraph 3;
n) information on the optional or compulsory subscription of an insurance covering the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including repatriation, in the event of accident, illness or death;
o) the details of the coverage referred to in article 47, paragraphs 1, 2 and 3 of Legislative Decree 79/2011;
p) in case of contracts negotiated away from business premises, the traveler has the right to withdraw from the package travel sales contract within a period of five days from the date of conclusion of the contract or from the date on whicht they receive the contractual conditions and preliminary information if later, without penalties and without giving any reason. In case of offers with significantly lower rates compared to current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the change in price, adequately highlighting the exclusion of the right of withdrawal.
2. The organizer prepares a technical data sheet in the catalogue or in the non-catalogued program - also on electronic support or by telematic means. It contains the technical information relating to the legal obligations to which the Tour Operator is subject, such as, by way of example:
– details of the administrative authorization or S.C.I.A of the organizer: technical organization Luca Mazzone & Co. Mazzone Turismo S.a.s. Travel and Tourism Agency operating license n. 31 issued by the Campania Region on 02/02/2001 – Authorization Campania Region n. 102627 of 12/15/2014 – Benevento Chamber of Commerce registration no. 99464 dated 07/22/1999;
– details of the guarantees for travelers pursuant to art. 47 Tourism Code Guarantees for travellers: Insolvency and travel assistance policy: TUA Assicurazioni S.p.a – policy N° 40321512000997;
– details of the civil liability insurance policy; First Risk: Professional Civil Liability Policy with EUROP ASSISTANCE ITALIA S.P.A. no. 9313931 for a ceiling of €2,100,000.00 per claim, with a limit of €500,000.00 per person and a limit of €250,000.00 for damage to property;
– period of validity of the catalogue or program out of the catalogue: this catalogue is valid from 1 May to 30 September 2021 with updates on the website www.busmania.it by typing in and selecting the destination;
– parameters and criteria for adjusting the travel price (Article 39 of the Tourism Code): prices are expressed in EURO and are always updated on the website www.busmania.it by selecting the destination. The cancellation conditions are described in the "Traveller cancellation policy".
At the time of signing the offer to purchase the tourist package, the following must be paid:
the registration fee or acceptance of the offer (see art. 8);
down payment (30%) on the price of the tourist package published in the catalogue or in the package quotation provided by the Organizer. This amount is paid as a deposit and advance on the price account. During the period of validity of the offer for the sale and purchase of the tourist services indicated and therefore before the receipt of the booking confirmation of the same, which constitutes the completion of the contract, the effects referred to in Article 1385 of the Civil Code they are not produced if the withdrawal depends on a non-attributable . The balance must be paid within the deadline established by the Tour Operator in its catalogue or in the booking confirmation of the requested servicetourist package (30 days before the departure date). For certain tourist services (resorts of particular value, cruises, special services, services provided during holidays, issuing of air/railway/sea tickets) a deposit of more than 30% and/or the total balance may be requested.
For reservations after the date indicated as the deadline for making the balance, the entire amount must be paid when signing the purchase proposal.
The non-receipt by the Organizer of the sums indicated above, on the established dates, like the non-remittance to the Tour Operator of the sums paid by the Traveler to the intermediary, will result in the automatic termination of the contract to be communicated by simple written communication, by fax or by e-mail, at the intermediary agency, or at the traveller's home, also electronic, where communicated and without prejudice to any guarantee actions pursuant to art. 47 Legislative Decree 79/2011 exercisable by the traveller. The balance of the price is considered to have taken place when the sums reach the organizer directly from the traveler or through the intermediary of the chosen traveler himself.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalogue, or out-of-catalogue program and any subsequent updates to the same catalogues or out-of-catalogue programs, or on the Operator's website. It may be increased or decreased only as a result of changes in:
– transport costs, including the cost of fuel;
– duties and taxes relating to air transport, landing, disembarkation or embarkation fees in ports and airports;
– exchange rates applied to the package in question.
For these variations, reference will be made to the exchange rates and prices in effect on the date of publication of the programme, as indicated in the technical data sheet of the catalogue, or on the date indicated in any updates published on the websites. In any case, the price cannot be increased in the 20 days preceding departure and the revision cannot exceed 8% of the price in its original amount. In the event of a decrease in the price, the organizer has the right to deduct the administrative and management costs of the actual practices from the refund due to the traveller, of which they are required to provide proof at the traveller's request.
The price consists of:
a) registration fee or practice management fee;
b) participation fee: expressed in the catalogue or in the quotation of the package provided to the intermediary or traveller;
c) cost of any insurance policies against the risk of cancellation and/or medical expenses or other services requested;
d) cost of any visas and entry and exit taxes from the holiday destination countries;
e) airport and/or port charges and taxes.
CHANGE OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
1. The Tour Operator reserves the right to unilaterally modify the conditions of the contract, other than the price, where the modification is of little importance. The communication is carried out in a clear and precise way through a durable medium, such as e-mail for example.
2. If before departure the organizer needs to significantly modify one or more main characteristics of the tourist services referred to in art. 34 paragraph 1 lett. a) or cannot satisfy the specific requests formulated by the traveler and already accepted by the Organizer, or proposes to increase the price of the package by more than 8%, the traveler can accept the proposed change or withdraw from the contract without paying withdrawal costs .
3. If the traveler does not accept the modification proposal referred to in paragraph 1, by exercising the right of withdrawal, the organizer may offer the traveler a replacement package of equivalent or higher quality.
4. The organizer informs the traveler via email, without unjustified delay, in a clear and precise manner of the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 6.
5. The traveller communicates thery choice to the organizer or intermediary within two working days from the moment they received the notice indicated in paragraph 1. In the absence of communication within the aforementioned term, the proposal formulated by the organizer is considered accepted.
6. If the changes to the tourist package sales contract or the replacement package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an adequate price reduction.
7. In the event of withdrawal from the tourist package sales contract pursuant to paragraph 2, and if the traveler does not accept a replacement package, the organizer will reimburse all payments without unjustified delay and in any case within 14 days of withdrawal from the contract carried out by or on behalf of the traveler and has the right to be compensated for the non-performance of the contract, except in the cases indicated below:
a. when the cancellation of the same depends on the failure to reach the minimum number of participants required;
b. when the organizer demonstrates that the lack of conformity is attributable to force majeure or unforeseeable circumstances;
c. when the organizer demonstrates that the lack of conformity is attributable to the traveler or to a third party unrelated to the supply of tourist services included in the tourist package contract and is unpredictable or inevitable.
8. For cancellations other than those referred to in paragraph 7 letters a), b) and c), the organizer who cancels will return to the traveler a sum equal to double the amount paid by the same and actually collected by the organizer, through the 'travel agent.
9. The sum object of the refund will never be more than double the amounts of which the traveler would be owed on the same date according to the provisions of art. 10, 3rd paragraph should they be the one to cancel.
1. The traveler may also withdraw from the contract without paying penalties in the following cases:
– price increase exceeding 8%;
– significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the tourist package as a whole considered and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the traveller;
– cannot satisfy the specific requests formulated by the traveler and already accepted by the Organizer.
In the above cases, the traveler can:
– accept the alternative proposal if formulated by the organizer;
– request the return of the sums already paid. This return must be made within the legal term indicated in the previous article.
2. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package or on the passenger transport to the destination, the traveler has the right to withdraw from the contract, before 'beginning of the package, without paying any return costs, and full reimbursement of payments made for the package, but has no right to additional compensation.
3. The traveler who withdraws from the contract before departure for any reason, even unforeseen and unexpected, outside the hypotheses listed in the first paragraph, or those provided for by art. 9, paragraph 2, the individual cost of management fee and any consideration for insurance coverage already requested at the time of conclusion of the contract or for other services will be charged - regardless of the payment of the advance referred to in article 7 paragraph 1 already returned, the penalty to the extent indicated below, except for any more restrictive conditions - linked to high season periods or full occupancy of the structures and/or specific services - which will be communicated to the traveler during the estimate phase and therefore before the conclusion of the contract.
Any non-attributability to the traveler of the impossibility of taking advantage of the holiday does not legitimize the withdrawal without penalties, provided for by law only for the objective circumstances that can be found at the destination location of the holiday referred to in paragraph 2 or for the hypotheses referred to in paragraph 1, since there is the possibility of guaranteeing oneself from the economic risk associated with the cancellation of the contract, with the stipulation of a specific insurance policy, where not foreseen as a compulsory form by the organiser.
4. In the case of pre-established groups, the penalties for withdrawal will be the subject of a specific agreement each time upon signing the contract.
5. Journeys that include the use of scheduled flights with special fares are excluded from the indication of the penalty percentage indicated above. In these cases, the conditions relating to cancellation penalties are deregulated and much more restrictive and are indicated in advance when quoting the travel package.
6. The organizer may withdraw from the travel package contract and offer the traveler a full refund of the payments made for the package, but is not required to pay additional compensation if:
– the number of people registered for the package is less than the minimum required by the contract and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and in any case no later than twenty days before the start of the package in case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days. As an alternative to cancellation, the organizer, within the established time limits, will be able to offer the tourist the same package or an alternative package by quantifying, in written form, from time to time, the adjustment of the participation fee;
– the organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the same to the traveler without unjustified delay before the start of the package.
7. The organizer proceeds with all refunds prescribed in accordance with paragraphs 2 and 6 without unjustified delay and in any case within 14 days of withdrawal. In the aforementioned cases, the functionally connected contracts entered into with third parties are terminated.
8. In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the package travel contract within a period of five days from the date of conclusion of the contract or from the date on which they receive the contractual conditions and preliminary information, whichever is later , without penalties and without giving any reason. In case of offers with significantly lower rates than competing offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price change adequately highlighting the exclusion of the right of withdrawal.
TRAVELER CANCELLATION REGULATION
The withdrawal of the Traveler before departure will be governed according to the following methods: in the event of a request to cancel the trip, FOR ANY CAUSE, the company Luca Mazzone & Co. Mazzone Turismo S.a.s., upon receipt of written communication prior to departure and regardless of the payment of the deposit, unless otherwise specified, will charge as a penalty:
the insurance coverage premium, where applicable;
the cost of obtaining a visa, where applicable;
the full amount of the air/railway/sea ticket if already issued;
the following percentages on the travel fee:
10% of the participation fee and supplements up to 31 days before departure;
25% of the participation fee and supplements from 30 to 21 days before departure;
50% of the participation fee and supplements from 20 to 11 days before departure;
70% of the participation fee and supplements from 10 to 3 days before departure;
100% of the participation fee and supplements after this deadline.
The validity of the communication of travel cancellation and/or withdrawal is subject to the adoption of the written form received by Luca Mazzone & Co. Mazzone Turismo S.a.s. before departure.
It should be noted that the reference is always to "calendar" days.
N.B: after departure or in the event of missing written information, no refund will be due. To cover the cancellation penalties indicated above, it is advisable to take out cancellation insurance, the costs of which are to be requested at the time of booking.
RESPONSIBILITY OF THE ORGANIZER FOR INACCURATE EXECUTION AND OCCURRING IMPOSSIBILITY IN THE COURSE OF EXECUTION - DUTIES OF THE TRAVELER - PROMPTNESS OF THE DISPUTES
1. The organizer is responsible for the execution of the tourist services provided for in the tourist package sales contract, regardless of the fact that these tourist services must be provided by the organizer, by their auxiliaries or agents when they act in the exercise of their functions , by third parties work or by other suppliers of tourist services pursuant to article 1228 of the civil code.
2. The traveller, in compliance with the obligations of correctness and good faith referred to in articles 1175 and 1375 of the civil code, informs the organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service provided for in the tourist package sales contract.
3. If one of the tourist services is not performed according to what was agreed in the tourist package sales contract, the organizer will remedy the lack of conformity, unless this proves impossible or excessively burdensome, taking into account the extent of the lack of conformity and value of the tourist services affected by the defect. If the organizer fails to remedy the defect, the traveler is entitled to a reduction in the price as well as compensation for the damage they have suffered as a result of the lack of conformity, unless the organizer demonstrates that the lack of conformity is attributable to the traveler or to a third party unrelated to the provision of tourist services or is of an inevitable or unforeseeable nature or due to extraordinary and unavoidable circumstances.
4. Without prejudice to the aforementioned exceptions, if the organizer does not remedy the lack of conformity within a reasonable period set by the traveler with the dispute made pursuant to paragraph 2, the latter can personally remedy the defect and request reimbursement of expenses necessary, reasonable and documented; if the organizer refuses to remedy the lack of conformity or if it is necessary to start immediately, the traveler does not need to specify a deadline. If a lack of conformity constitutes a breach of no small importance and the organizer has not remedied it with the timely complaint made by the traveler, in relation to the duration and characteristics of the package, the traveler may terminate the contract with immediate effect, or ask – if necessary – for a reduction in the price, subject to any compensation for damages.
If, after departure, the Organizer is unable to provide an essential part of the services provided for in the contract for any reason other than the traveller's own, they will have to arrange adequate alternative solutions for the continuation of the planned trip without involving charges of any kind to be paid by the traveller, or reimburse the latter within the limits of the difference between the services originally envisaged and those provided.
The traveler may reject the proposed alternative solutions only if they are not comparable to what was agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or if the solution prepared by the organizer is rejected by the traveler because it is not comparable to what was agreed in the contract or because the granted price reduction is inadequate, the organizer will provide, without a surcharge, a means of transport equivalent to the original one foreseen for the return to the place of departure or to a different place possibly agreed, compatibly with the availability of means and places, and will reimburse it to the extent of the difference between the cost of the services envisaged and that of the services provided up to the time of return anticipated.
REPLACEMENTS AND PRACTICAL VARIATION
1. The traveller, subject to notice given to the organizer on a durable medium no later than seven days before the start of the package, can transfer the tourist package sales contract to a person who meets all the conditions for using the service .
2. The transferor and the transferee of the tourist package sales contract are jointly responsible for the payment of the balance of the price and any duties, taxes and other additional costs, including any administrative and service management expenses, resulting from such assignment.
3. The organizer informs the transferor of the actual costs of the transfer, which do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package sales contract and provides the transferor with proof relating to the rights, taxes or other additional costs resulting from the assignment of the contract. In the event of a travel contract with air transport for which tickets have been issued at a reduced and/or non-refundable rate, the transfer could lead to the issue of new air tickets with the rate available on the date of the transfer.
1. Without prejudice to the obligation to promptly communicate the lack of conformity, as provided for in art. 11 paragraph 2, travelers must comply with the following obligations:
2. For the rules relating to the expatriation of minors, please refer expressly to what is indicated on the State Police website. However, it should be noted that minors must be in possession of a personal document valid for travelling abroad or a passport or, for EU countries, also an identity card valid for expatriation. As regards the exit from the country of minors under the age of 14 and for those for whom the Authorization issued by the Judicial Authority is required, the prescriptions indicated on the website of the State Police must be followed http://www.poliziadistato.it/ article/191/.
3. Foreign citizens will have to find the corresponding information through their diplomatic representations present in Italy and/or the respective official government information channels. In any case, before departure, travelers will check the update with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or) adapting them before the trip. In the absence of this verification, no responsibility for the non-departure of one or more travelers can be attributed to the intermediary or the organizer.
4. Travelers must in any case inform the intermediary and the organizer of their citizenship when requesting the booking of the tourist package or tourist service and, upon departure, must definitively make sure that they are in possession of the vaccination certificates, the individual passport and any other valid document for all the countries involved in the itinerary, as well as any residence visas, transit visas and health certificates that may be required.
5. Furthermore, in order to evaluate the socio-political, health security situation and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveler will have the burden of assuming the official information of a general nature at the Ministry of Foreign Affairs, and disseminated through the institutional website of Farnesina www.viaggiaresicuri.it. The above information is not contained in the catalogues – online or on paper – as they contain descriptive information of a general nature as indicated in Article 34 of the Tourism Code and not temporally changing information. The same must therefore be assumed by the travellers.
6. If, on the booking date, the chosen destination appears, from the institutional information channels, as a place subject to a "warning" for security reasons, the traveler who subsequently exercises the withdrawal will not be able to invoke, for the purposes of the exemption from the reduction of the request for compensation for the withdrawal made, the loss of the contractual cause connected to the security conditions of the country.
7. Travelers must also comply with the rules of normal prudence and diligence and with the specific rules in force in the travel destination countries, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating to the tour package. Travelers will be called to answer for all damages that the organizer and/or the intermediary may suffer also due to failure to comply with the obligations indicated above, including the expenses necessary for their repatriation.
8. The traveler is required to provide the organizer with all the documents, information and elements in their possession useful for exercising the latter's right of subrogation against third parties responsible for the damage and are responsible towards the organizer of the prejudice caused to the right of subrogation.
9. The traveler will also communicate in writing to the organizer, at the time of the proposal to buy and sell the tourist package and therefore before sending the confirmation of booking of services by the organizer, the particular personal requests that may be the subject of agreements specific on the travel arrangements, provided that it is possible to implement them and in any case be the subject of a specific agreement between the traveler and the Organizer (see Article 6, paragraph 1, letter h).
The official classification of hotel structures is provided in the catalogue or in other informative material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the EU member countries to which the service refers, or in the case of structures marketed as a "Tourist Village", the organizer reserves the right to provide its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of the same by the traveller.
The organizer is liable for damages caused to the traveler due to the total or partial non-fulfilment of the contractually owed services, whether these are performed by them personally or by third party service providers, unless they prove that the event is derived from a fact of the traveler (including initiatives autonomously undertaken by the latter during the execution of the tourist services) or by a third party event of an unforeseeable or inevitable nature, by circumstances unrelated to the provision of the services provided for in the contract, by chance, by force majeure, or from circumstances that the organizer could not, according to professional diligence, reasonably foresee or resolve. The intermediary with whom the tourist package was booked is not responsible for the obligations relating to the organization and execution of the trip, but is exclusively responsible for the obligations arising from their capacity as intermediary and for the execution of the mandate conferred on them by the traveller, for as specifically provided for by art. 50 of the Tourism Code including the guarantee obligations pursuant to art. 47.
LIMITS OF COMPENSATION AND REGULATION
The compensation referred to in Articles 43 and 46 of the Tourism Code. and related statute of limitations, are governed by what is provided for therein and in any case within the limits established by the International Conventions governing the services that form the object of the tourist package as well as by articles 1783 and 1784 of the Civil Code, with the exception of personal injury not subject to a limit set. a. The right to a price reduction or compensation for damages for changes to the tourist package sale contract or the replacement package expires in 2 years from the date of return of the traveler to the place of departure. b. The right to compensation for personal injury expires in 3 years from the date of return of the traveler to the place of departure or in the longer period envisaged for compensation for personal injury by the provisions governing the services included in the package.
POSSIBILITY TO CONTACT THE ORGANIZER THROUGH THE SELLER
1. The traveler can address messages, requests or complaints relating to the execution of the package directly to the seller through whom they purchased it, who, in turn, promptly forwards them to the organizer.
2. For the purposes of compliance with the terms or limitation periods, the date on which the seller receives messages, requests or complaints referred to in the previous paragraph, is also considered the date of receipt for the organizer.
OBBLIGATION OF ASSISTANCE
The organizer provides adequate assistance without delay to the traveler in difficulty even in the circumstances referred to in article 42, paragraph 7, in particular by providing the appropriate information regarding health services, local authorities and consular assistance, and assisting the traveler in making remote communications and helping them to find alternative tourist services.
The organizer may demand payment of a reasonable cost for this assistance if the problem is caused intentionally by the traveler or through his fault, within the limits of the costs actually incurred.
CANCELLATION AND REPATRIATION INSURANCE
If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking at the organizer's or seller's offices against expenses deriving from the cancellation of the package, from accidents and/or illnesses which also cover the expenses for repatriation and for the luggage loss and/or damage. The rights arising from the insurance contracts must be exercised by the traveler directly against the policyholder insurance companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogues or displayed in the brochures made available to travellers. at the time of departure.
ALTERNATIVE DISPUTE RESOLUTION TOOLS
Pursuant to and for the purposes of art. 67 Tourism Code the organizer will be able to propose to the traveler – in the catalogue, in the documentation, on its website or in other forms – alternative ways of resolving the disputes that have arisen. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such participation entails.
GUARANTEES FOR THE TRAVELER
Organized tourism contracts are assisted by suitable guarantees provided by the Organizer and the intermediary travel agent who, for trips abroad and trips that take place within a single country, guarantee, in cases of insolvency or bankruptcy of the intermediary or organizer, the reimbursement of the price paid for the purchase of the tourist package and the immediate return of the traveller. The identification details of the legal entity which, on behalf of the Organiser, is required to provide the guarantee are indicated in the catalogue andor website of the Organizer and may also be indicated in the booking confirmation of the services requested by the traveller. In order to avoid incurring forfeitures, it is advisable to keep in mind the deadlines indicated for the presentation of the applications. It is understood that the expiry of the term due to the impossibility of presenting the application and not to the inertia of the traveler, allows the remission in the same terms.
In consideration of the well in advance with which the catalogues containing the information relating to the methods of use of the services are published, we inform you that the times and routes of the flights indicated in the acceptance of the offer to buy and sell the services could undergo variations as they are subject to subsequent validation. To this end, the traveler must request confirmation of the services from their agency before departure. The Organizer will inform passengers about the identity of the actual carrier within the times and in the manner provided for by article 11 of EC Reg. 2111/2005. (Referred to in Article 5).
GENERAL INFORMATION RELATING TO ACCOMPANIED TRIPS TO BUSMANIA BY MAZZONE VIAGGI
ACCOMMODATION IN GT COACH – SANITATION – AVAILABLE SERVICES
The seats in the GT coach will be assigned in compliance with the chronological order of the reservations and taking into account the measures envisaged for social distancing according to the national legislation in force on the subject of Covid-19 at the time of booking, unless new provisions are made. In any case, correct social distancing is guaranteed. The assigned seats must be kept the same for the entire duration of the trip. The two seats in the front row can be booked at a cost of Euro 30.00 per person. Before departure and throughout the journey, the vehicle is completely and thoroughly sanitized with special disinfectant products. On the bus it is possible to consume water/drinks and coffee for a fee (subject to availability).
On board the host GT coach and, for the entire duration of the journey, the use of personal protective equipment is mandatory. Hand sanitization is required at every greeting on the GT bus for this reason inside (at the entrance) there is sanitizing gel available to participants.
BODY TEMPERATURE MEASUREMENT
Before the departure of the trip and every morning the staff will measure the body temperature. Access on board will not be possible if the body temperature exceeds 37.5° and in the event of a cough or cold.
To maintain the social distancing envisaged, all guided tours will be carried out with earphones, therefore each passenger will be given their own device with disposable headphones to be used for the entire duration of the trip.
HOTELS AND RESTAURANTS
All the hotels and restaurants chosen for the tours have been carefully selected on the basis of certain standards, first of all compliance with the guidelines indicated by the relevant bodies regarding safety related to Covid-19. During meals, the correct social distancing between the guests present in the room will be guaranteed.
Meals are set in the menu. Food intolerances or allergies must be reported at the time of booking; in this case, due checks will be made on the compatibility of the menus provided and on any possible modifications.
Our tours include a basic medical – luggage or daily policy depending on the length of the trip. Travel cancellation insurance is optional and must be requested at the time of booking with a supplement to be paid at the time of booking confirmation.
24 HOUR ASSISTANCE
You can count on attentive and thoughtful assistance to respond quickly and efficiently to any need. To travel peacefully we have set up a telephone line that is always active during office closing hours.
COLLECTION POINTS AND SHUTTLES
For each trip there are different loading points indicated on the page relating to each program. To these is added the shuttle service which allows the approach to the collection points which can be evaluated from time to time with the consequent application of a supplement.
SPECIAL UNDER HOME
Mazzone Viaggi offers the "near home" service: a private GT car/minibus will pick you up directly at your home and take you to the starting point of the bus with a supplement to be quantified on request.