LEGISLATIVE DECREE 21 May 2018, n. 62 Implementation of Directive (EU) 2015/2302 of the European Parliament and of the Council, of 25 November 2015, relating to tourist packages and related tourist services, which amends Regulation (EC) no. 2006/2004 and Directive 2011/83 / EU of the European Parliament and of the Council and repealing Council Directive 90/314 / EEC. (18G00086) (GU General Series n.129 of 06-06-2018)
Notes: The provision came into force: 01/07/2018.
Taken from the Official Gazette, full text here:
Https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
Notes: The provision came into force: 01/07/2018.
Taken from the Official Gazette, full text here:
Https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
ANNEX A
STANDARD INFORMATION FORM FOR TOURIST PACKAGE CONTRACTS WHERE THE USE OF HYPERLINK LINKS IS POSSIBLE
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights that apply to packages. The INSITE TOURS tourism company will be fully responsible for the correct execution of the package as a whole. In addition, as required by law, the INSITE TOURS tourism company has a protection to reimburse your payments and, if transport is included in the package, to guarantee your repatriation in the event that it becomes insolvent. For more information on fundamental rights under Directive (EU) 2015/2302:
https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
Fundamental rights under Directive (EU) 2015/2302:
1. Travelers will receive all essential information on the package prior to the conclusion of the package travel contract.
2. There is always at least one professional responsible for the correct execution of all tourist services included in the contract.
3. Travelers are given an emergency telephone number or the details of a contact point through which they can reach the organizer or travel agent.
4. Travelers may transfer the package to another person upon reasonable notice and possibly upon payment of additional costs.
5. The price of the package can only be increased if specific costs increase (for example, fuel prices) and if expressly provided for in the contract and, in any case, no later than 20 days from the start of the package. If the price increase is higher than 8% of the package price, the traveler can terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction if there is a decrease in the relevant costs.
6. Travelers can terminate the contract without paying termination fees and obtain full refund of payments if any of the essential elements of the package, other than the price, are substantially changed. If, before the start of the package, the professional responsible for the package cancels the package, travelers are entitled to obtain reimbursement and, where appropriate, compensation.
7. Travelers may, in exceptional circumstances, terminate the contract without paying termination fees prior to the start of the package, for example if there are serious security problems at the destination that may affect the package. - Furthermore, travelers may at any time, before the start of the package, terminate the contract upon payment of adequate and justifiable termination fees.
8. If, after the start of the package, substantial elements of the package cannot be provided as agreed, suitable alternative solutions must be offered to the traveler, at no additional cost. Travelers can terminate the contract, without paying termination fees, if the services are not performed as agreed and this significantly affects the execution of the package and the organizer has not remedied the problem.
9. Travelers are also entitled to a price reduction and / or compensation for damage in the event of failure or non-compliant execution of the tourist services.
10. The organizer is required to provide assistance if the traveler is in difficulty.
11. If the organizer or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organizer or, if applicable, the seller becomes insolvent after the start of the package and if transport is included in the package, the repatriation of the travelers is guaranteed. INSITE TOURS has taken out protection in the event of insolvency and liability insurance with ALLIANZ. Travelers can contact this entity or, if necessary, the competent authority (I4T, Corso Regina Margherita, 29 - 10124 Turin tel. 011 812 5025 info@i4t.it) if the services are denied due to the insolvency of INSITE TOURS.
Directive (EU) 2015/2302, transposed into national legislation
https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
STANDARD INFORMATION FORM FOR TOURIST PACKAGE CONTRACTS WHERE THE USE OF HYPERLINK LINKS IS POSSIBLE
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights that apply to packages. The INSITE TOURS tourism company will be fully responsible for the correct execution of the package as a whole. In addition, as required by law, the INSITE TOURS tourism company has a protection to reimburse your payments and, if transport is included in the package, to guarantee your repatriation in the event that it becomes insolvent. For more information on fundamental rights under Directive (EU) 2015/2302:
https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
Fundamental rights under Directive (EU) 2015/2302:
1. Travelers will receive all essential information on the package prior to the conclusion of the package travel contract.
2. There is always at least one professional responsible for the correct execution of all tourist services included in the contract.
3. Travelers are given an emergency telephone number or the details of a contact point through which they can reach the organizer or travel agent.
4. Travelers may transfer the package to another person upon reasonable notice and possibly upon payment of additional costs.
5. The price of the package can only be increased if specific costs increase (for example, fuel prices) and if expressly provided for in the contract and, in any case, no later than 20 days from the start of the package. If the price increase is higher than 8% of the package price, the traveler can terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction if there is a decrease in the relevant costs.
6. Travelers can terminate the contract without paying termination fees and obtain full refund of payments if any of the essential elements of the package, other than the price, are substantially changed. If, before the start of the package, the professional responsible for the package cancels the package, travelers are entitled to obtain reimbursement and, where appropriate, compensation.
7. Travelers may, in exceptional circumstances, terminate the contract without paying termination fees prior to the start of the package, for example if there are serious security problems at the destination that may affect the package. - Furthermore, travelers may at any time, before the start of the package, terminate the contract upon payment of adequate and justifiable termination fees.
8. If, after the start of the package, substantial elements of the package cannot be provided as agreed, suitable alternative solutions must be offered to the traveler, at no additional cost. Travelers can terminate the contract, without paying termination fees, if the services are not performed as agreed and this significantly affects the execution of the package and the organizer has not remedied the problem.
9. Travelers are also entitled to a price reduction and / or compensation for damage in the event of failure or non-compliant execution of the tourist services.
10. The organizer is required to provide assistance if the traveler is in difficulty.
11. If the organizer or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organizer or, if applicable, the seller becomes insolvent after the start of the package and if transport is included in the package, the repatriation of the travelers is guaranteed. INSITE TOURS has taken out protection in the event of insolvency and liability insurance with ALLIANZ. Travelers can contact this entity or, if necessary, the competent authority (I4T, Corso Regina Margherita, 29 - 10124 Turin tel. 011 812 5025 info@i4t.it) if the services are denied due to the insolvency of INSITE TOURS.
Directive (EU) 2015/2302, transposed into national legislation
https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg
LEGISLATIVE DECREE 21 May 2018, n. 62
Organized tourism contracts
Section I.
Tourist packages and related tourist services
Art. 32 (Scope of application).
1. The provisions of this Chapter apply to packages offered for sale or sold by professionals to travelers and to related tourist services whose offer or sale to travelers is facilitated by professionals.
2. The provisions of this Chapter do not apply to:
a) packages and related tourist services whose duration is less than 24 hours, unless an overnight stay is included;
b) packages and related tourist services whose offer or sale to travelers is facilitated by the associations referred to in Article 5, where they act occasionally, in any case not more than twice a year, on a non-profit basis and only to a limited group of travelers, without offering to the public; the aforementioned associations are in any case required to provide professionals and travelers with adequate information on the fact that such packages or connected tourist services are not subject to this regulation;
c) packages and related travel services purchased under a general agreement for the organization of travel of a professional nature concluded between a professional and another natural or legal person acting in the context of his own commercial, entrepreneurial, craft or professional.
3. For matters not covered by this Chapter, the provisions of the consumer code referred to in Legislative Decree 6 September 2005, n. 206.
Art. 33 (Definitions). -
1. For the purposes of this Chapter, the following definitions apply:
a) "tourist service":
1) the transport of passengers;
2) accommodation which is not an integral part of passenger transport and is not intended for residential purposes or for long-term language courses;
3) the rental of cars, other motor vehicles pursuant to the decree of the Minister of Infrastructure and Transport of 28 April 2008, published in the Official Journal of the Italian Republic no. 162 of 12 July 2008, or motorcycles requiring a category A driving license, pursuant to Legislative Decree 16 January 2013, n. 2;
4) any other tourist service that 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;
b) "supplementary tourist service": ancillary services such as, among others, the transport of baggage provided as part of the transport of passengers; the use of paid parking spaces in stations or airports; the transport of passengers over short distances on the occasion of guided tours or transfers between an accommodation facility and a travel station by other means; the organization of entertainment or sporting activities; the provision of meals, drinks and cleaning provided within the accommodation; the use of bicycles, skis and other facilities of the accommodation or access to on-site facilities, such as swimming pools, beaches, gyms, saunas, wellness centers or spas, including for hotel guests; any other typical supplementary service also according to local practice;
c) "package": the combination of at least two different types of travel services for the purpose of the same trip or holiday, if at least one of the following conditions is met:
1) these services are combined by a single professional, even at the request of the traveler or in accordance with his / her selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual tourism service providers, are:
2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
2.2) offered, sold or billed at a flat rate or global price;
2.3) advertised or sold under the name "package" or similar name;
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 distinct professionals through proceedings online booking connections 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 the latter or the latter professionals is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service;
d) "tourist package contract": the contract relating to the entire package or, if the package is provided on the basis of separate contracts, the set of contracts relating to the tourist services included in the package;
e) "start of the package": the beginning of the execution of the tourist services included in the package;
f) "connected tourist service": at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with the individual tourist service providers, if a professional facilitates, alternatively:
1) at the time of a single visit or a single contact with your point of sale, the separate selection and separate payment of each tourist service by travelers;
2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of confirming the booking of the first tourist service;
g) "traveler": anyone who intends to conclude a contract, enters into a contract or is authorized to travel on the basis of a concluded contract, within the scope of this Chapter;
h) "professional": any public or private natural or legal person who, in the context of his commercial, industrial, craft or professional activity, acts, in the contracts covered by this Chapter, also through another person who operates in his name or on his behalf account, as organizer, seller, professional who facilitates related tourist services or as a supplier of tourist services, in accordance with current legislation;
i) "organizer": 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 traveler data to another professional in accordance with letter c), number 2.4);
l) "seller": the professional other than the organizer who sells or offers for sale combined packages by an organizer;
m) "establishment": the establishment defined by article 8, paragraph 1, letter e), of the legislative decree 26 March 2010, n. 59;
n) "durable medium": any tool that allows the traveler or professional to keep the information that is personally addressed to him in order to be able to access it in the future for a period of time appropriate to the purposes for which they are intended and that allows identical reproduction of the stored information;
o) "unavoidable and extraordinary circumstances" means a situation beyond the control of the party invoking such a situation and the consequences of which would not have been avoided even by taking all reasonable measures;
p) "lack of conformity": a non-fulfillment of the tourist services included in a package;
q) "minor": person under the age of 18;
r) "point of sale": any premises, mobile or immovable, used for retail sale or retail website or similar online sales tool, even in the case where retail websites or online sales tools are presented to travelers as a single tool, including telephone service;
s) "return": the return of the traveler to the place of departure or to another place agreed by the contracting parties.
2. A tourist package is not a combination of tourist services in which there are one of the types of tourist services referred to in paragraph 1, letter a), numbers 1), 2) or 3), combined with one or more of the services tourism referred to in paragraph 1, letter a), number 4), if the latter services do not represent a part equal to or greater than 25 percent of the value of the combination and are not advertised, nor do they otherwise represent an essential element of the combination, or are selected and purchased only after the start of the execution of a tourist service referred to in paragraph 1, letter a), numbers 1), 2) or 3).
3. The separate invoicing of the elements of the same package referred to in paragraph 1, letter b), does not exempt the organizer or the seller from the obligations of this Chapter.
4. The purchase of one of the types of tourist services referred to in paragraph 1, letter a), numbers 1), 2) or 3), with one or more of the tourist services referred to in paragraph does not constitute a tourist service. 1, letter a), number 4), if the latter services do not represent a significant portion equal to or greater than 25 percent of the combined value of the services and are not advertised as an essential element of the trip or vacation and do not constitute any, in any case , an essential element.
Section II
Information and content obligations
of the tourist package contract
Art. 34 (Pre-contractual information). - 1. Before the conclusion of the travel package contract or a corresponding offer, the organizer and, in the event that the package is sold through a seller, also the latter, provide the traveler with the relevant standard information form referred to Annex A, Part I or Part II, to this Code, as well as the following information:
a) the main characteristics of the tourist services, such as:
1) the destination or destinations of the trip, the itinerary and periods of stay with relative dates and, if accommodation is included, the number of nights included;
2) the means, the characteristics and the categories of transport, the places, the dates and times of departure and return, the duration and the place of intermediate stop and the connections; in the event that the exact time has not yet been established, the organizer and, if applicable, the seller, inform the traveler of the approximate time of departure and return;
3) the location, the main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
4) the meals provided;
5) visits, excursions or other services included in the agreed total price of the package;
6) the tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group;
7) the language in which the services are provided;
8) if the trip or vacation is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler;
b) the trade name and geographical address of the organizer and, where present, of the seller, their telephone numbers and e-mail addresses;
c) the total price of the package including taxes and all rights, taxes and other additional costs, including any administrative and handling costs, or, if these are not reasonably calculable before the conclusion of the contract, an indication the type of additional costs the traveler may still have to bear;
d) the methods of payment, 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;
e) 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;
f) general information concerning passport and visa conditions, including approximate times for obtaining visas and health formalities in the country of destination;
g) information on the traveller'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, of the standard withdrawal costs requested by the organizer pursuant to article 41 , paragraph 1;
h) information on the optional or compulsory subscription of an insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including return, in the event of accident, illness or death;
i) the details of the coverage referred to in article 47, paragraphs 1, 2 and 3.
2. For tourist package contracts referred to in Article 33, paragraph 1, letter d), stipulated by telephone, the organizer or professional shall provide the traveler with the standard information referred to in Annex A, Part II, hereby decree, and the information referred to in paragraph 1.
3. With reference to packages purchased from distinct professionals referred to in Article 33, paragraph 1, letter c), number 2.4), the organizer and the professional to whom the data are transmitted guarantee that each of them provides, before the traveler is bound by a contract or a corresponding offer, the information listed in paragraph 1, insofar as it is relevant to the respective tourist services offered.
At the same time, the organizer also provides the standard information of the form referred to in Annex A, part III, to this code.
4. The information referred to in paragraphs 1, 2 and 3 is provided in a clear and precise manner and, where it is provided in writing, must be legible.
Art. 35 (Binding nature of pre-contractual information and conclusion of the tourist package contract). - 1. The information provided to the traveler pursuant to article 34, paragraph 1, letters a), c), d), e) and g), form an integral part of the tourist package contract and cannot be modified unless explicitly agreed by contracting parties.
2. The organizer and the seller communicate to the traveler all changes to the pre-contractual information in a clear and evident way before the conclusion of the tourist package contract.
3. If the organizer and the seller have not complied with the obligations regarding information on taxes, rights or other additional costs referred to in Article 34, paragraph 1, letter c), before the conclusion of the tourist package contract , the traveler is not required to pay these costs.
Art. 36 (Content of the tourist package contract and documents to be provided before the start of the package). - 1. The tourist package contracts are formulated in simple and clear language and, where in written form, legible.
2. Upon conclusion of the tourist package contract or, in any case, as soon as possible, the organizer or the seller, provides the traveler with a copy or a confirmation of the contract on a durable medium.
3. The traveler has the right to a paper copy if the tourist package contract has been stipulated in the simultaneous physical presence of the parties.
4. With regard to contracts negotiated away from business premises, defined in article 45, paragraph 1, letter h), of Legislative Decree no. 206, a copy or confirmation of the travel package contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium.
5. The tourist package contract or its confirmation contain the entire content of the agreement which contains all the information referred to in Article 34, paragraph 1, as well as the following:
a) the specific requests of the traveler accepted by the organizer;
b) a declaration stating that the organizer is responsible for the exact execution of all the tourist services included in the contract pursuant to article 42 and is required to provide assistance if the traveler is in difficulty pursuant to article 45;
c) the name and contact details, including the geographical address, of the person in charge of the protection in the event of insolvency;
d) the name, address, telephone number, e-mail address and, if present, the fax number of the local representative of the organizer, of a contact point or other service that allows the traveler to communicate quickly and effectively with the organizer to request assistance or to address any complaints relating to lack of conformity found during the execution of the package;
e) the fact that the traveler is required to communicate, without delay, any lack of conformity detected during the execution of the package pursuant to article 42, paragraph 2;
f) in the case of minors, unaccompanied by a parent or other authorized person, traveling on the basis of a package travel contract that includes accommodation, information that allows direct contact to be established with the minor or the person responsible for the minor in his place of stay;
g) information regarding existing complaints handling procedures and alternative dispute resolution mechanisms (ADR - Alternative Dispute Resolution), pursuant to legislative decree no. 206 and, if present, to the ADR body by which the trader is governed and to the online dispute resolution platform pursuant to Regulation (EU) no. 524/2013;
h) information on the traveller's right to assign the contract to another traveler pursuant to Article 38.
6. With reference to packages purchased from separate professionals referred to in Article 33, paragraph 1, letter b), number 2.4), the professional to whom the data is transmitted informs the organizer of the conclusion of the contract that will lead to the creation of a package and provides the organizer with the information necessary to fulfill its obligations. The organizer promptly provides the traveler with the information referred to in paragraph 5 on a durable medium.
7. The information referred to in paragraphs 5 and 6 are presented in a clear and precise manner.
8. In good time before the start of the package, the organizer provides the traveler with the necessary receipts, vouchers and tickets, information on the scheduled departure time and the deadline for acceptance, as well as the times of the stops intermediate, coincidences and arrival.
Art. 37 (Burden of proof and prohibition of providing misleading information).
1. The burden of proof relating to the fulfillment of the information obligations referred to in this section lies with the professional.
2. It is however forbidden to provide misleading information on the modalities of the service offered, on the price and on the other elements of the contract whatever the means by which such information is communicated to the traveler.
Section III
Changes to the tourist package contract
before the start of the package
Art. 38 (Transfer of the tourist package contract to another traveler). - 1. The traveler, subject to prior 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 contract to a person who satisfies all the conditions for the use of the service.
2. The transferor and the transferee of the tourist package contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and handling costs resulting from this transfer.
3. The organizer informs the transferor of the actual costs of the transfer, which cannot be unreasonable and do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package contract, and provides the transferor with proof of the rights, taxes or other additional costs resulting from the assignment of the contract.
Art. 39 (Price revision). - 1. After the conclusion of the tourist package contract, prices can be increased only if the contract expressly provides for it and specifies that the traveler is entitled to a price reduction, as well as the methods of calculating the price revision. In this case, the traveler is entitled to a reduction in the price corresponding to the decrease in costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the start of the package.
2. Price increases are only possible as a result of changes concerning:
a) the price of passenger transport based on the cost of fuel or other energy sources;
b) the level of taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and embarkation taxes in ports and airports;
c) the exchange rates relevant to the package.
3. If the price increase referred to in this article exceeds 8 percent of the total price of the package, article 40, paragraphs 2, 3, 4 and 5 shall apply.
4. A price increase, regardless of its extent, is only possible after clear and precise communication on a durable medium by the organizer to the traveler, together with the justification for this increase and the calculation methods, at least twenty days before the start. of the package.
5. 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 reimbursement due to the traveler, of which he is required to provide proof at the request of the traveler.
Art. 40 (Modification of other conditions of the tourist package contract). - 1. Before the start of the package, the organizer cannot unilaterally change the conditions of the contract other than the price pursuant to Article 39, unless this right has been reserved in the contract and the change is of minor importance. The organizer communicates the change to the traveler clearly and precisely on a durable medium.
2. If, before the start of the package, the organizer is forced to significantly modify one or more main characteristics of the tourist services referred to in article 34, paragraph 1, letter a), or cannot meet the requests specifications referred to in Article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 percent pursuant to Article 39, paragraph 3, within a reasonable period specified by the organizer, can accept the proposed change or withdraw from the contract without paying withdrawal costs. In the event of withdrawal, the organizer may offer the traveler a replacement package of equivalent or higher quality.
3. The organizer informs the traveler, without undue delay, clearly and precisely on a durable medium:
a) the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 4;
b) a reasonable period within which the traveler is required to inform the organizer of his decision pursuant to paragraph 2;
c) the consequences of the traveler's failure to reply within the period referred to in letter b) and of any replacement package offered and the relative price.
4. If the changes to the tourist package contract or the replacement package referred to in paragraph 2 involve a package of lower quality or cost, the traveler is entitled to an adequate reduction in the price.
5. In case of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer will reimburse without undue delay and in any case within fourteen days of withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 apply.
Art. 41 (Right of withdrawal before the start of the package). - 1. The traveler can withdraw from the tourist package contract at any time before the start of the package, upon reimbursement to the organizer of the expenses incurred, adequate and justifiable, the amount of which the latter provides reasons to the traveler who requests it.
2. The package travel contract may include reasonable standard costs for withdrawal, calculated on the basis of the time of withdrawal from the contract and the expected cost savings and expected revenues resulting from the reallocation of tourist services.
3. In the absence of specification of the standard withdrawal costs, the amount of the withdrawal costs corresponds to the price of the package minus the cost savings and revenues deriving from the reallocation of tourist services.
4. 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 transport of passengers to the destination, the traveler has the right to withdraw from the contract, before of the beginning of the package, without paying withdrawal costs, and to the full refund of the payments made for the package, but is not entitled to additional compensation.
5. The organizer can withdraw from the tourist 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:
a) the number of people registered in 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 the 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;
b) 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 undue delay before the start of the package.
6. The organizer shall make all the reimbursements prescribed in accordance with paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1, 2 and 3, reimburse any payment made by or on behalf of the traveler for the package after having deducted the adequate expenses, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the termination of functionally related contracts stipulated with third parties is determined.
7. In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the tourist package contract within a period of five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information if later , without penalties and without giving any reasons. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal.
Section IV
Execution of the package
Art. 42 (Responsibility of the organizer for the incorrect execution of the package and for the unexpected impossibility during the execution of the package). - 1. The organizer is responsible for the execution of the tourist services provided for in the tourist package contract, regardless of the fact that such tourist services must be provided by the organizer himself, by his auxiliaries or persons in charge when they act in the exercise of their functions , by third parties whose work it uses or by other tourism service providers, pursuant to article 1228 of the civil code.
2. The traveler, pursuant to 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 service tourism foreseen by the tourist package contract.
3. If one of the tourist services is not performed as agreed in the tourist package contract, the organizer remedies the lack of conformity, unless this is impossible or excessively burdensome, taking into account the extent of the lack of conformity and of the value of the tourist services affected by the defect. If the organizer does not remedy the defect, Article 43 applies.
4. Without prejudice to the exceptions referred to in paragraph 3, if the organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made pursuant to paragraph 2 , the traveler can personally remedy the defect and request the reimbursement of the necessary, reasonable and documented expenses; if the organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveler does not need to specify a deadline.
5. If a lack of conformity, pursuant to article 1455 of the civil code, constitutes a non-fulfillment of no small importance of the tourist services included in a package and the organizer has not remedied it within a reasonable period established by the traveler in in relation to the duration and characteristics of the package, with the complaint made pursuant to paragraph 2, the traveler may, without expenses, terminate the tourist package contract by right and with immediate effect or, if necessary, request, pursuant to 43, a reduction in the price, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the transport of passengers, the organizer also provides for the return of the traveler with an equivalent transport without undue delay and without additional costs for the traveler.
6. Where it is impossible to ensure the return of the traveler, the organizer bears the costs of the necessary accommodation, where possible of a category equivalent to what was provided for in the contract, for a period not exceeding three nights per traveler or for the longer period. as long as may be required by European Union legislation on passenger rights, applicable to the relevant means of transport.
7. The cost limitation referred to in paragraph 6 does not apply to people with reduced mobility, as defined in Article 2, paragraph 1, letter a), of Regulation (EC) no. 1107/2006, and their companions, pregnant women, unaccompanied minors and people in need of specific medical assistance, provided that the organizer has received notice of their particular needs at least forty-eight hours before the start of the package . The organizer cannot invoke unavoidable and extraordinary circumstances to limit the liability referred to in this paragraph if the transport service provider cannot assert the same circumstances under the applicable European Union legislation.
8. If due to supervening circumstances not attributable to the organizer it is impossible to provide, in the course of execution, a substantial part, in terms of value or quality, of the combination of the tourist services agreed in the tourist package contract, the organizer offers price supplement to be paid by the traveler, adequate alternative solutions of quality, where possible equivalent or higher, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler to the place departure is not provided as agreed. If the proposed alternative solutions involve a package of lower quality than that specified in the tourist package contract, the organizer grants the traveler an adequate reduction in the price.
9. The traveler can reject the alternative solutions proposed only if they are not comparable to what was agreed in the tourist package contract or if the price reduction granted is inadequate.
10. If it is impossible to arrange alternative solutions or the traveler rejects the proposed alternative solutions, compliant with the provisions of paragraph 8, the traveler is granted a price reduction. In the event of non-fulfillment of the offer obligation referred to in paragraph 8, paragraph 5 shall apply.
11. Where, due to supervening circumstances not attributable to the organizer, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, paragraphs 6 and 7 apply.
Art. 43 (Price reduction and compensation for damages). - 1. The traveler has the right to an adequate price reduction for the period during which there was a lack of conformity, unless the organizer proves that this defect is attributable to the traveler.
2. The traveler has the right to receive from the organizer, without undue delay, adequate compensation for any damage that he may have suffered as a result of a lack of conformity.
3. The traveler is not awarded compensation for damages if the organizer proves that the lack of conformity is attributable to the traveler or to a third party unrelated to the provision of the tourist services included in the tourist package contract and is unpredictable or inevitable or it is due to unavoidable and extraordinary circumstances.
4. The organizer is subject to the limitations provided for by the international conventions in force that bind Italy or the European Union, relating to the extent of compensation or to the conditions to which it is due by a supplier providing a tourist service including in one package.
5. The tourist package contract may provide for the limitation of the compensation due by the organizer, except for personal injury or damage caused intentionally or through negligence, provided that this limitation is not less than three times the total price of the package.
6. Any right to compensation or price reduction pursuant to this Chapter does not affect the rights of travelers provided for by Regulation (EC) no. 261/2004, by regulation (EC) no. 1371/2007, by regulation (EC) no. 392/2009, by regulation (EU) no. 1177/2010 and by regulation (EU) no. 181/2011 of the European Parliament and of the Council, as well as by international conventions, it being understood that the compensation or reduction of the price granted pursuant to this Chapter and the compensation or reduction of the price granted pursuant to said regulations and international conventions are deducted from each other.
7. The right to a price reduction or compensation for damages provided for in this article expires in two years, starting from the date of the traveler's return to the place of departure, without prejudice to the provisions of paragraph 8.
8. The right to compensation for personal injury expires in three years from the date of the traveler's return to the place of departure or in the longer period provided for compensation for personal damage by the provisions governing the services included in the package. .
Art. 44 (Possibility of contacting the organizer through the seller). - 1. The traveler can send messages, requests or complaints relating to the execution of the package directly to the seller through whom he purchased it, who, in turn, promptly forwards such messages, requests or complaints to the organizer.
2. For the purposes of compliance with the terms or periods of limitation, the date on which the seller receives messages, requests or complaints referred to in paragraph 1 is also considered the date of receipt for the organizer.
Art. 45 (Obligation to provide assistance). - 1. The organizer provides adequate assistance without delay to the traveler who is in difficulty even in the circumstances referred to in Article 42, paragraph
7, in particular by providing appropriate information regarding health services, local authorities and consular assistance and assisting the traveler in making remote communications and helping him find alternative tourist services.
2. The organizer can demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveler or through his own fault, within the limits of the costs actually incurred.
Art. 46 (Compensation for damage caused by a ruined holiday). - 1. In the event that the non-fulfillment of the services that form the subject of the package is not of little importance pursuant to article 1455 of the civil code, the traveler can ask the organizer or the seller, according to the resulting liability from the violation of the respective obligations assumed with the respective contracts, as well as and regardless of the termination of the contract, compensation for the damage related to the vacation time unnecessarily spent and the unrepeatable opportunity lost.
2. The right to compensation expires in three years, or in the longer period for compensation for personal injury provided for by the provisions governing the services included in the package, starting from the date of the traveler's return to the place of departure.
Section V
Protection in the event of insolvency or bankruptcy
Art. 47 (Effectiveness and scope of protection in the event of insolvency or bankruptcy). - 1. The organizer and the seller established in the national territory are covered by an insurance contract for civil liability in favor of the traveler for compensation for damages deriving from the violation of the respective obligations assumed with the respective contracts.
2. Travel package organization contracts are backed by insurance policies or bank guarantees which, for travel abroad and travel taking place within a single country, including travel to Italy, in cases of insolvency or bankruptcy of the organizer or seller guarantee, without delay at the request of the traveler, the refund of the price paid for the purchase of the package and the immediate return of the traveler in the event that the package includes the transport of the traveler, as well as, if necessary , the payment of food and accommodation before returning.
3. The organizers and intermediaries may form consortia or other forms of association capable of providing collectively, also by setting up a specific fund, for the coverage of the risks referred to in paragraph 2. The purposes of this paragraph may also be pursued through direct involvement in consortia and other forms of associations of companies and trade associations in the insurance sector, also by providing for forms of reinsurance.
4. The guarantee referred to in paragraph 2 is effective, adequate to the volume of business and covers reasonably foreseeable costs, the amounts of payments made by or on behalf of travelers in relation to packages, taking into account the duration of the period between advance payments and the final balance and completion of the packages, as well as the estimated cost for repatriation in the event of insolvency or bankruptcy of the organizer or seller.
5. Travelers benefit from the protection in the event of insolvency or bankruptcy of the organizer or the retailer regardless of their place of residence, place of departure or place of sale of the package and regardless of the Member State in which the subject is established. charged with providing protection in the event of insolvency or bankruptcy.
6. In the cases provided for in paragraph two, as an alternative to reimbursement of the price or immediate return, the traveler may be offered the continuation of the package with the methods referred to in articles forty and 42.
7. The obligation referred to in paragraph 1 does not exist for the organizer and retailer of a Member State of the European Union who establishes himself on the national territory if the conditions referred to in Article 33 of the legislative decree 26 March 2010 are met. , no. 59.
8. Organizers and vendors not established in a Member State who sell or offer for sale packages in Italy or in another Member State or who, by any means, direct such activities towards Italy or another Member State are obliged to provide a guarantee equivalent to that provided for in paragraph 2.
9. In any case, the Ministry of Foreign Affairs and International Cooperation may ask the interested parties the reimbursement, in whole or in part, of the expenses incurred for the rescue and repatriation of persons who, abroad, have deliberately exposed themselves, without prejudice to justified reasons related to the exercise of professional activities, to risks that they could have known with the use of normal diligence.
10. It is without prejudice to the right to take out other insurance policies for assistance to the traveler.
Art. 48 (Mutual recognition of protection in the event of insolvency and administrative cooperation). - 1. Any protection in the event of insolvency or bankruptcy that an organizer and a vendor provide in accordance with the corresponding measures provided for by the Member State in which he is established is recognized as complying with the discipline referred to in Article 47.
2. The Ministry of Cultural Heritage and Activities and Tourism - Directorate General for Tourism is designated as the central contact point to facilitate administrative cooperation and control of organizers and sellers operating in different Member States. communicated to all other Member States and to the Commission.
3. The central contact point shall make available to its counterparts all the necessary information regarding their respective national obligations regarding protection in the event of insolvency or bankruptcy and the entities in charge of providing such protection for the specific organizers or sellers established on its own territory, authorizing on reciprocity conditions access to any available register, made accessible to the public also online, in which the organizers and sellers who comply with the obligation of protection in the event of insolvency or bankruptcy are listed.
4. If a Member State has doubts about the protective measures in the event of the insolvency of an organizer, it requests clarification from the contact point referred to in paragraph 2. The contact point responds to requests from other Member States as quickly as possible, taking into account the urgency and complexity of the matter, and in any case providing an initial response within fifteen working days of receipt of the request.
Section VI
Related tourist services
Art. 49 (Obligations of protection in the event of insolvency or bankruptcy and information in relation to connected tourist services). - 1. For the reimbursement of all payments they receive from travelers, the provisions of Articles 47 and 48 shall apply to professionals who facilitate linked travel arrangements to the extent that a travel service which is part of a linked travel service is not carried out due to the state of insolvency or bankruptcy of the professionals.
2. Before the traveler is bound by a contract that leads to the creation of a connected tourist service or a corresponding offer, the professional who facilitates connected tourist services, even in cases where he is not established in a Member State but, by any means, directs such activities to a Member State, declares clearly and precisely that the traveler:
a) may not invoke any of the rights that apply
Exclusively to packages pursuant to this Chapter and that each service provider will be solely responsible for the exact contractual execution of its service;
b) may invoke protection in the event of insolvency or bankruptcy pursuant to paragraph 1.
3. The trader shall provide the traveler with this information by means of the relevant standard information form set out in Annex B to this Code or, if the specific type of linked travel arrangements is not covered by any of the
forms provided for in this annex, providing the information contained therein.
4. If the professional who facilitates connected tourist services has not complied with the obligations referred to in paragraphs 1 and 2, the rights and obligations provided for by articles 38 and 41 and section IV in relation to the tourist services included in the connected tourist service shall apply. .
5. If a linked tourist service is the result of the conclusion of a contract between a traveler and a professional who does not facilitate the linked tourist service, that professional informs the professional who facilitates the linked tourist service of the stipulation of the relevant contract.
Section VII
Responsibility of the seller
Art. 50 (Responsibility of the seller). - 1. The seller is responsible for the execution of the mandate given to him by the traveler with the travel brokerage contract, regardless of whether the service is rendered by the seller himself, by his auxiliaries or persons in charge when they act in the exercise of their functions or by the third parties whose work it makes use of, as the fulfillment of the obligations assumed must be evaluated with regard to the diligence required for the exercise of the corresponding professional activity.
Art. 51 (Responsibility in case of booking error). - 1. The professional is responsible for errors due to technical defects in the booking system that are attributable to him and, if he has agreed to organize the booking of a package or travel services that are part of related travel services, for errors made during the booking process.
2. The professional is not responsible for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
Art. 51-bis (Obligation of the seller to indicate his own quality). - 1. The seller is considered as an organizer if, in relation to a travel package contract, he fails to provide the traveler, pursuant to article 34, with the relevant standard information form referred to in Annex A, part II or part III to this code, and the information relating to the commercial name, geographical address, telephone number and e-mail address of the organizer, or fails to inform the traveler that he is acting as a seller.
Art. 51-ter (Specific obligations of the seller when the organizer is established outside the European Economic Area). -
1. If the organizer is established outside the European Economic Area, the seller established in a Member State is subject to the obligations laid down for organizers in Sections IV and V, unless he provides proof that the organizer complies the rules contained in these Sections.
Art. 51-quater (Prescription of the right to compensation for damage). - 1. Without prejudice to the provisions of article 46 and the effects of articles 51-bis and 51-ter, the traveller's right to compensation for damages provided for in this Section expires in two years from the date of the traveller's return to the place of departure.
Section VIII
General provisions
Art. 51-quinquies (Right to recourse and right of subrogation). - 1. The organizer or seller who has granted compensation or a price reduction, or paid compensation for damage or has been forced to comply with other obligations under the provisions of this Chapter, has the right of recourse against subjects who have contributed to the occurrence of the circumstances or event from which the compensation, price reduction, compensation for damage or other obligations in question arose, as well as subjects required to provide assistance and accommodation services under of other provisions, in the event that the traveler cannot return to the place of departure.
2. The organizer or the seller who have compensated the traveler are subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards responsible third parties; the traveler provides the organizer or the seller with all documents, information and elements in his own
possession useful for exercising the right of subrogation.
Art. 51-sexies (Ineligibility of the regulations relating to the rights of the traveler). - 1. A declaration that an organizer of a package or a professional who facilitates a linked travel arrangement acts exclusively as a provider of a travel service, intermediary or any other title, or that a package or a linked travel service does not constitutes a package or a connected tourist service, it does not exempt organizers or professionals from the obligations imposed on them by this Chapter.
2. Travelers may not renounce the rights conferred on them by the provisions of this Chapter.
3. Except as otherwise established by specific legal provisions, any contractual clauses or declarations of the traveler that exclude or limit, directly or indirectly, the rights deriving from this Chapter or whose purpose is to evade the application of the provisions referred to in this Chief, they don't bind the traveler.
Section IX
Administrative and judicial protection
Art. 51-septies (Administrative sanctions). - 1. Unless the fact constitutes a crime or constitutes an administrative offense sanctioned by the law of the regions and autonomous provinces of Trento and Bolzano, or an unfair commercial practice sanctioned by the legislative decree 6 September 2005, n. 206, the professional, the organizer or the seller who infringes:
a) the provisions referred to in articles 34, 35, paragraph 2, 36, 38, paragraph 3, 39, paragraph 4, 40, paragraph 4, 41, paragraph 7, third sentence, and 49, paragraphs 2 and 3, of this Capo, is punished, for every single violation, with a pecuniary administrative sanction from 1,000 euros to 5,000 euros;
b) the provisions of articles 37, paragraph 2, 42, paragraphs 7 and 8, and 45, paragraph 1, of this Chapter, shall be punished, for each individual violation, with a pecuniary administrative sanction from 2,000 to 10,000 euros ;
c) the provisions of article 47, paragraphs 1 to 5 and paragraphs 7 and 8, of this Chapter, shall be punished, for each individual violation, with a pecuniary administrative sanction from 4,000 euros to 20,000 euros.
2. Without prejudice to the provisions of paragraph 1, the professional, the organizer or the seller who fails to provide the information to the traveler, or hinders the exercise of the right of withdrawal or termination or provides incomplete or incorrect information or in any case not compliant with the right of withdrawal provided for in articles 40, 41 and with the right of termination provided for in article 42 of this Chapter, or does not reimburse the consumer any sums paid by them, is punished with a pecuniary administrative sanction from 1,000 to 5,000 euros EUR.
3. In case of reiteration, the administrative pecuniary sanctions provided for in paragraphs 1 and 2 are increased by one third, where the reiteration occurs if the same violation has been committed twice in a year, even if payment has been made of the sanction by oblation.
4. In the event of a further reiteration, the administrative pecuniary sanctions provided for in paragraphs 1 and 2 are doubled.
5. In case of violation of the insurance obligations provided for in articles 47 and 48, the accessory administrative sanction of suspension from the exercise of the activity from fifteen days to three months is applied to the professional, to the organizer or to the of recurrence, the competent authority orders the cessation of the activity.
6. For the administrative pecuniary sanctions consequent to the violations of this decree, the provisions contained in Chapter I, Section I, and in articles 26, 27, 28 and 29 of the law 24 November 1981, n. 689, and subsequent amendments.
7. Without prejudice to the provisions of article 51-novies, the payment of the administrative pecuniary sanctions referred to in this article shall be made within thirty days of notification of the provision.
8. In article 148 of law no. 388, the following changes are made:
a) in paragraph 1, the following words are added: ", except as provided in the second sentence of paragraph 2";
b) in paragraph 2, the following sentence is added finally: "The revenues deriving from the administrative sanctions referred to in Article 51-septies, Section IX, Chapter I, Title VI of Annex 1 to Legislative Decree 23 May 2011, n. 79, are intended for initiatives for the benefit of travelers. These revenues flow to a specific chapter / article of income of the newly established state budget and can be reallocated by decree of the Minister of Economy and Finance to a specific fund registered in the state of provision of the Ministry of Cultural Heritage and Activities and Tourism to be allocated to the initiatives referred to in the first period, identified from time to time by decree of the Minister of Cultural Heritage and Activities and Tourism, after consulting the parliamentary commissions. .
Art. 51-octies (Application of administrative sanctions). - 1. Without prejudice to the provisions of articles 51-septies, paragraph 1, and 51-novies, the Antitrust Authority, ex officio or at the request of any subject or organization that has an interest, ascertains the violations of the provisions referred to in article 51-septies, inhibits its continuation and eliminates its effects, making use for this purpose of the instruments, including sanctions, provided for by Legislative Decree 6 September 2005, n. 206.
Art. 51-novies (Administrative sanctions provided for by law of the regions and autonomous provinces of Trento and Bolzano). - 1. The regions and autonomous provinces of Trento and Bolzano provide for effective, proportionate and dissuasive administrative sanctions for violations of the provisions of this Chapter which fall within the scope of their powers.
Organized tourism contracts
Section I.
Tourist packages and related tourist services
Art. 32 (Scope of application).
1. The provisions of this Chapter apply to packages offered for sale or sold by professionals to travelers and to related tourist services whose offer or sale to travelers is facilitated by professionals.
2. The provisions of this Chapter do not apply to:
a) packages and related tourist services whose duration is less than 24 hours, unless an overnight stay is included;
b) packages and related tourist services whose offer or sale to travelers is facilitated by the associations referred to in Article 5, where they act occasionally, in any case not more than twice a year, on a non-profit basis and only to a limited group of travelers, without offering to the public; the aforementioned associations are in any case required to provide professionals and travelers with adequate information on the fact that such packages or connected tourist services are not subject to this regulation;
c) packages and related travel services purchased under a general agreement for the organization of travel of a professional nature concluded between a professional and another natural or legal person acting in the context of his own commercial, entrepreneurial, craft or professional.
3. For matters not covered by this Chapter, the provisions of the consumer code referred to in Legislative Decree 6 September 2005, n. 206.
Art. 33 (Definitions). -
1. For the purposes of this Chapter, the following definitions apply:
a) "tourist service":
1) the transport of passengers;
2) accommodation which is not an integral part of passenger transport and is not intended for residential purposes or for long-term language courses;
3) the rental of cars, other motor vehicles pursuant to the decree of the Minister of Infrastructure and Transport of 28 April 2008, published in the Official Journal of the Italian Republic no. 162 of 12 July 2008, or motorcycles requiring a category A driving license, pursuant to Legislative Decree 16 January 2013, n. 2;
4) any other tourist service that 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;
b) "supplementary tourist service": ancillary services such as, among others, the transport of baggage provided as part of the transport of passengers; the use of paid parking spaces in stations or airports; the transport of passengers over short distances on the occasion of guided tours or transfers between an accommodation facility and a travel station by other means; the organization of entertainment or sporting activities; the provision of meals, drinks and cleaning provided within the accommodation; the use of bicycles, skis and other facilities of the accommodation or access to on-site facilities, such as swimming pools, beaches, gyms, saunas, wellness centers or spas, including for hotel guests; any other typical supplementary service also according to local practice;
c) "package": the combination of at least two different types of travel services for the purpose of the same trip or holiday, if at least one of the following conditions is met:
1) these services are combined by a single professional, even at the request of the traveler or in accordance with his / her selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual tourism service providers, are:
2.1) purchased at a single point of sale and selected before the traveler agrees to payment;
2.2) offered, sold or billed at a flat rate or global price;
2.3) advertised or sold under the name "package" or similar name;
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 distinct professionals through proceedings online booking connections 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 the latter or the latter professionals is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service;
d) "tourist package contract": the contract relating to the entire package or, if the package is provided on the basis of separate contracts, the set of contracts relating to the tourist services included in the package;
e) "start of the package": the beginning of the execution of the tourist services included in the package;
f) "connected tourist service": at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with the individual tourist service providers, if a professional facilitates, alternatively:
1) at the time of a single visit or a single contact with your point of sale, the separate selection and separate payment of each tourist service by travelers;
2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of confirming the booking of the first tourist service;
g) "traveler": anyone who intends to conclude a contract, enters into a contract or is authorized to travel on the basis of a concluded contract, within the scope of this Chapter;
h) "professional": any public or private natural or legal person who, in the context of his commercial, industrial, craft or professional activity, acts, in the contracts covered by this Chapter, also through another person who operates in his name or on his behalf account, as organizer, seller, professional who facilitates related tourist services or as a supplier of tourist services, in accordance with current legislation;
i) "organizer": 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 traveler data to another professional in accordance with letter c), number 2.4);
l) "seller": the professional other than the organizer who sells or offers for sale combined packages by an organizer;
m) "establishment": the establishment defined by article 8, paragraph 1, letter e), of the legislative decree 26 March 2010, n. 59;
n) "durable medium": any tool that allows the traveler or professional to keep the information that is personally addressed to him in order to be able to access it in the future for a period of time appropriate to the purposes for which they are intended and that allows identical reproduction of the stored information;
o) "unavoidable and extraordinary circumstances" means a situation beyond the control of the party invoking such a situation and the consequences of which would not have been avoided even by taking all reasonable measures;
p) "lack of conformity": a non-fulfillment of the tourist services included in a package;
q) "minor": person under the age of 18;
r) "point of sale": any premises, mobile or immovable, used for retail sale or retail website or similar online sales tool, even in the case where retail websites or online sales tools are presented to travelers as a single tool, including telephone service;
s) "return": the return of the traveler to the place of departure or to another place agreed by the contracting parties.
2. A tourist package is not a combination of tourist services in which there are one of the types of tourist services referred to in paragraph 1, letter a), numbers 1), 2) or 3), combined with one or more of the services tourism referred to in paragraph 1, letter a), number 4), if the latter services do not represent a part equal to or greater than 25 percent of the value of the combination and are not advertised, nor do they otherwise represent an essential element of the combination, or are selected and purchased only after the start of the execution of a tourist service referred to in paragraph 1, letter a), numbers 1), 2) or 3).
3. The separate invoicing of the elements of the same package referred to in paragraph 1, letter b), does not exempt the organizer or the seller from the obligations of this Chapter.
4. The purchase of one of the types of tourist services referred to in paragraph 1, letter a), numbers 1), 2) or 3), with one or more of the tourist services referred to in paragraph does not constitute a tourist service. 1, letter a), number 4), if the latter services do not represent a significant portion equal to or greater than 25 percent of the combined value of the services and are not advertised as an essential element of the trip or vacation and do not constitute any, in any case , an essential element.
Section II
Information and content obligations
of the tourist package contract
Art. 34 (Pre-contractual information). - 1. Before the conclusion of the travel package contract or a corresponding offer, the organizer and, in the event that the package is sold through a seller, also the latter, provide the traveler with the relevant standard information form referred to Annex A, Part I or Part II, to this Code, as well as the following information:
a) the main characteristics of the tourist services, such as:
1) the destination or destinations of the trip, the itinerary and periods of stay with relative dates and, if accommodation is included, the number of nights included;
2) the means, the characteristics and the categories of transport, the places, the dates and times of departure and return, the duration and the place of intermediate stop and the connections; in the event that the exact time has not yet been established, the organizer and, if applicable, the seller, inform the traveler of the approximate time of departure and return;
3) the location, the main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination;
4) the meals provided;
5) visits, excursions or other services included in the agreed total price of the package;
6) the tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group;
7) the language in which the services are provided;
8) if the trip or vacation is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler;
b) the trade name and geographical address of the organizer and, where present, of the seller, their telephone numbers and e-mail addresses;
c) the total price of the package including taxes and all rights, taxes and other additional costs, including any administrative and handling costs, or, if these are not reasonably calculable before the conclusion of the contract, an indication the type of additional costs the traveler may still have to bear;
d) the methods of payment, 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;
e) 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;
f) general information concerning passport and visa conditions, including approximate times for obtaining visas and health formalities in the country of destination;
g) information on the traveller'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, of the standard withdrawal costs requested by the organizer pursuant to article 41 , paragraph 1;
h) information on the optional or compulsory subscription of an insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including return, in the event of accident, illness or death;
i) the details of the coverage referred to in article 47, paragraphs 1, 2 and 3.
2. For tourist package contracts referred to in Article 33, paragraph 1, letter d), stipulated by telephone, the organizer or professional shall provide the traveler with the standard information referred to in Annex A, Part II, hereby decree, and the information referred to in paragraph 1.
3. With reference to packages purchased from distinct professionals referred to in Article 33, paragraph 1, letter c), number 2.4), the organizer and the professional to whom the data are transmitted guarantee that each of them provides, before the traveler is bound by a contract or a corresponding offer, the information listed in paragraph 1, insofar as it is relevant to the respective tourist services offered.
At the same time, the organizer also provides the standard information of the form referred to in Annex A, part III, to this code.
4. The information referred to in paragraphs 1, 2 and 3 is provided in a clear and precise manner and, where it is provided in writing, must be legible.
Art. 35 (Binding nature of pre-contractual information and conclusion of the tourist package contract). - 1. The information provided to the traveler pursuant to article 34, paragraph 1, letters a), c), d), e) and g), form an integral part of the tourist package contract and cannot be modified unless explicitly agreed by contracting parties.
2. The organizer and the seller communicate to the traveler all changes to the pre-contractual information in a clear and evident way before the conclusion of the tourist package contract.
3. If the organizer and the seller have not complied with the obligations regarding information on taxes, rights or other additional costs referred to in Article 34, paragraph 1, letter c), before the conclusion of the tourist package contract , the traveler is not required to pay these costs.
Art. 36 (Content of the tourist package contract and documents to be provided before the start of the package). - 1. The tourist package contracts are formulated in simple and clear language and, where in written form, legible.
2. Upon conclusion of the tourist package contract or, in any case, as soon as possible, the organizer or the seller, provides the traveler with a copy or a confirmation of the contract on a durable medium.
3. The traveler has the right to a paper copy if the tourist package contract has been stipulated in the simultaneous physical presence of the parties.
4. With regard to contracts negotiated away from business premises, defined in article 45, paragraph 1, letter h), of Legislative Decree no. 206, a copy or confirmation of the travel package contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium.
5. The tourist package contract or its confirmation contain the entire content of the agreement which contains all the information referred to in Article 34, paragraph 1, as well as the following:
a) the specific requests of the traveler accepted by the organizer;
b) a declaration stating that the organizer is responsible for the exact execution of all the tourist services included in the contract pursuant to article 42 and is required to provide assistance if the traveler is in difficulty pursuant to article 45;
c) the name and contact details, including the geographical address, of the person in charge of the protection in the event of insolvency;
d) the name, address, telephone number, e-mail address and, if present, the fax number of the local representative of the organizer, of a contact point or other service that allows the traveler to communicate quickly and effectively with the organizer to request assistance or to address any complaints relating to lack of conformity found during the execution of the package;
e) the fact that the traveler is required to communicate, without delay, any lack of conformity detected during the execution of the package pursuant to article 42, paragraph 2;
f) in the case of minors, unaccompanied by a parent or other authorized person, traveling on the basis of a package travel contract that includes accommodation, information that allows direct contact to be established with the minor or the person responsible for the minor in his place of stay;
g) information regarding existing complaints handling procedures and alternative dispute resolution mechanisms (ADR - Alternative Dispute Resolution), pursuant to legislative decree no. 206 and, if present, to the ADR body by which the trader is governed and to the online dispute resolution platform pursuant to Regulation (EU) no. 524/2013;
h) information on the traveller's right to assign the contract to another traveler pursuant to Article 38.
6. With reference to packages purchased from separate professionals referred to in Article 33, paragraph 1, letter b), number 2.4), the professional to whom the data is transmitted informs the organizer of the conclusion of the contract that will lead to the creation of a package and provides the organizer with the information necessary to fulfill its obligations. The organizer promptly provides the traveler with the information referred to in paragraph 5 on a durable medium.
7. The information referred to in paragraphs 5 and 6 are presented in a clear and precise manner.
8. In good time before the start of the package, the organizer provides the traveler with the necessary receipts, vouchers and tickets, information on the scheduled departure time and the deadline for acceptance, as well as the times of the stops intermediate, coincidences and arrival.
Art. 37 (Burden of proof and prohibition of providing misleading information).
1. The burden of proof relating to the fulfillment of the information obligations referred to in this section lies with the professional.
2. It is however forbidden to provide misleading information on the modalities of the service offered, on the price and on the other elements of the contract whatever the means by which such information is communicated to the traveler.
Section III
Changes to the tourist package contract
before the start of the package
Art. 38 (Transfer of the tourist package contract to another traveler). - 1. The traveler, subject to prior 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 contract to a person who satisfies all the conditions for the use of the service.
2. The transferor and the transferee of the tourist package contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and handling costs resulting from this transfer.
3. The organizer informs the transferor of the actual costs of the transfer, which cannot be unreasonable and do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package contract, and provides the transferor with proof of the rights, taxes or other additional costs resulting from the assignment of the contract.
Art. 39 (Price revision). - 1. After the conclusion of the tourist package contract, prices can be increased only if the contract expressly provides for it and specifies that the traveler is entitled to a price reduction, as well as the methods of calculating the price revision. In this case, the traveler is entitled to a reduction in the price corresponding to the decrease in costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the start of the package.
2. Price increases are only possible as a result of changes concerning:
a) the price of passenger transport based on the cost of fuel or other energy sources;
b) the level of taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and embarkation taxes in ports and airports;
c) the exchange rates relevant to the package.
3. If the price increase referred to in this article exceeds 8 percent of the total price of the package, article 40, paragraphs 2, 3, 4 and 5 shall apply.
4. A price increase, regardless of its extent, is only possible after clear and precise communication on a durable medium by the organizer to the traveler, together with the justification for this increase and the calculation methods, at least twenty days before the start. of the package.
5. 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 reimbursement due to the traveler, of which he is required to provide proof at the request of the traveler.
Art. 40 (Modification of other conditions of the tourist package contract). - 1. Before the start of the package, the organizer cannot unilaterally change the conditions of the contract other than the price pursuant to Article 39, unless this right has been reserved in the contract and the change is of minor importance. The organizer communicates the change to the traveler clearly and precisely on a durable medium.
2. If, before the start of the package, the organizer is forced to significantly modify one or more main characteristics of the tourist services referred to in article 34, paragraph 1, letter a), or cannot meet the requests specifications referred to in Article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 percent pursuant to Article 39, paragraph 3, within a reasonable period specified by the organizer, can accept the proposed change or withdraw from the contract without paying withdrawal costs. In the event of withdrawal, the organizer may offer the traveler a replacement package of equivalent or higher quality.
3. The organizer informs the traveler, without undue delay, clearly and precisely on a durable medium:
a) the proposed changes referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 4;
b) a reasonable period within which the traveler is required to inform the organizer of his decision pursuant to paragraph 2;
c) the consequences of the traveler's failure to reply within the period referred to in letter b) and of any replacement package offered and the relative price.
4. If the changes to the tourist package contract or the replacement package referred to in paragraph 2 involve a package of lower quality or cost, the traveler is entitled to an adequate reduction in the price.
5. In case of withdrawal from the tourist package contract pursuant to paragraph 2, if the traveler does not accept a replacement package, the organizer will reimburse without undue delay and in any case within fourteen days of withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 apply.
Art. 41 (Right of withdrawal before the start of the package). - 1. The traveler can withdraw from the tourist package contract at any time before the start of the package, upon reimbursement to the organizer of the expenses incurred, adequate and justifiable, the amount of which the latter provides reasons to the traveler who requests it.
2. The package travel contract may include reasonable standard costs for withdrawal, calculated on the basis of the time of withdrawal from the contract and the expected cost savings and expected revenues resulting from the reallocation of tourist services.
3. In the absence of specification of the standard withdrawal costs, the amount of the withdrawal costs corresponds to the price of the package minus the cost savings and revenues deriving from the reallocation of tourist services.
4. 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 transport of passengers to the destination, the traveler has the right to withdraw from the contract, before of the beginning of the package, without paying withdrawal costs, and to the full refund of the payments made for the package, but is not entitled to additional compensation.
5. The organizer can withdraw from the tourist 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:
a) the number of people registered in 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 the 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;
b) 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 undue delay before the start of the package.
6. The organizer shall make all the reimbursements prescribed in accordance with paragraphs 4 and 5 or, with regard to the provisions of paragraphs 1, 2 and 3, reimburse any payment made by or on behalf of the traveler for the package after having deducted the adequate expenses, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraphs 4 and 5, the termination of functionally related contracts stipulated with third parties is determined.
7. In the case of contracts negotiated away from business premises, the traveler has the right to withdraw from the tourist package contract within a period of five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information if later , without penalties and without giving any reasons. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal.
Section IV
Execution of the package
Art. 42 (Responsibility of the organizer for the incorrect execution of the package and for the unexpected impossibility during the execution of the package). - 1. The organizer is responsible for the execution of the tourist services provided for in the tourist package contract, regardless of the fact that such tourist services must be provided by the organizer himself, by his auxiliaries or persons in charge when they act in the exercise of their functions , by third parties whose work it uses or by other tourism service providers, pursuant to article 1228 of the civil code.
2. The traveler, pursuant to 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 service tourism foreseen by the tourist package contract.
3. If one of the tourist services is not performed as agreed in the tourist package contract, the organizer remedies the lack of conformity, unless this is impossible or excessively burdensome, taking into account the extent of the lack of conformity and of the value of the tourist services affected by the defect. If the organizer does not remedy the defect, Article 43 applies.
4. Without prejudice to the exceptions referred to in paragraph 3, if the organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made pursuant to paragraph 2 , the traveler can personally remedy the defect and request the reimbursement of the necessary, reasonable and documented expenses; if the organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveler does not need to specify a deadline.
5. If a lack of conformity, pursuant to article 1455 of the civil code, constitutes a non-fulfillment of no small importance of the tourist services included in a package and the organizer has not remedied it within a reasonable period established by the traveler in in relation to the duration and characteristics of the package, with the complaint made pursuant to paragraph 2, the traveler may, without expenses, terminate the tourist package contract by right and with immediate effect or, if necessary, request, pursuant to 43, a reduction in the price, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included the transport of passengers, the organizer also provides for the return of the traveler with an equivalent transport without undue delay and without additional costs for the traveler.
6. Where it is impossible to ensure the return of the traveler, the organizer bears the costs of the necessary accommodation, where possible of a category equivalent to what was provided for in the contract, for a period not exceeding three nights per traveler or for the longer period. as long as may be required by European Union legislation on passenger rights, applicable to the relevant means of transport.
7. The cost limitation referred to in paragraph 6 does not apply to people with reduced mobility, as defined in Article 2, paragraph 1, letter a), of Regulation (EC) no. 1107/2006, and their companions, pregnant women, unaccompanied minors and people in need of specific medical assistance, provided that the organizer has received notice of their particular needs at least forty-eight hours before the start of the package . The organizer cannot invoke unavoidable and extraordinary circumstances to limit the liability referred to in this paragraph if the transport service provider cannot assert the same circumstances under the applicable European Union legislation.
8. If due to supervening circumstances not attributable to the organizer it is impossible to provide, in the course of execution, a substantial part, in terms of value or quality, of the combination of the tourist services agreed in the tourist package contract, the organizer offers price supplement to be paid by the traveler, adequate alternative solutions of quality, where possible equivalent or higher, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler to the place departure is not provided as agreed. If the proposed alternative solutions involve a package of lower quality than that specified in the tourist package contract, the organizer grants the traveler an adequate reduction in the price.
9. The traveler can reject the alternative solutions proposed only if they are not comparable to what was agreed in the tourist package contract or if the price reduction granted is inadequate.
10. If it is impossible to arrange alternative solutions or the traveler rejects the proposed alternative solutions, compliant with the provisions of paragraph 8, the traveler is granted a price reduction. In the event of non-fulfillment of the offer obligation referred to in paragraph 8, paragraph 5 shall apply.
11. Where, due to supervening circumstances not attributable to the organizer, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, paragraphs 6 and 7 apply.
Art. 43 (Price reduction and compensation for damages). - 1. The traveler has the right to an adequate price reduction for the period during which there was a lack of conformity, unless the organizer proves that this defect is attributable to the traveler.
2. The traveler has the right to receive from the organizer, without undue delay, adequate compensation for any damage that he may have suffered as a result of a lack of conformity.
3. The traveler is not awarded compensation for damages if the organizer proves that the lack of conformity is attributable to the traveler or to a third party unrelated to the provision of the tourist services included in the tourist package contract and is unpredictable or inevitable or it is due to unavoidable and extraordinary circumstances.
4. The organizer is subject to the limitations provided for by the international conventions in force that bind Italy or the European Union, relating to the extent of compensation or to the conditions to which it is due by a supplier providing a tourist service including in one package.
5. The tourist package contract may provide for the limitation of the compensation due by the organizer, except for personal injury or damage caused intentionally or through negligence, provided that this limitation is not less than three times the total price of the package.
6. Any right to compensation or price reduction pursuant to this Chapter does not affect the rights of travelers provided for by Regulation (EC) no. 261/2004, by regulation (EC) no. 1371/2007, by regulation (EC) no. 392/2009, by regulation (EU) no. 1177/2010 and by regulation (EU) no. 181/2011 of the European Parliament and of the Council, as well as by international conventions, it being understood that the compensation or reduction of the price granted pursuant to this Chapter and the compensation or reduction of the price granted pursuant to said regulations and international conventions are deducted from each other.
7. The right to a price reduction or compensation for damages provided for in this article expires in two years, starting from the date of the traveler's return to the place of departure, without prejudice to the provisions of paragraph 8.
8. The right to compensation for personal injury expires in three years from the date of the traveler's return to the place of departure or in the longer period provided for compensation for personal damage by the provisions governing the services included in the package. .
Art. 44 (Possibility of contacting the organizer through the seller). - 1. The traveler can send messages, requests or complaints relating to the execution of the package directly to the seller through whom he purchased it, who, in turn, promptly forwards such messages, requests or complaints to the organizer.
2. For the purposes of compliance with the terms or periods of limitation, the date on which the seller receives messages, requests or complaints referred to in paragraph 1 is also considered the date of receipt for the organizer.
Art. 45 (Obligation to provide assistance). - 1. The organizer provides adequate assistance without delay to the traveler who is in difficulty even in the circumstances referred to in Article 42, paragraph
7, in particular by providing appropriate information regarding health services, local authorities and consular assistance and assisting the traveler in making remote communications and helping him find alternative tourist services.
2. The organizer can demand payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveler or through his own fault, within the limits of the costs actually incurred.
Art. 46 (Compensation for damage caused by a ruined holiday). - 1. In the event that the non-fulfillment of the services that form the subject of the package is not of little importance pursuant to article 1455 of the civil code, the traveler can ask the organizer or the seller, according to the resulting liability from the violation of the respective obligations assumed with the respective contracts, as well as and regardless of the termination of the contract, compensation for the damage related to the vacation time unnecessarily spent and the unrepeatable opportunity lost.
2. The right to compensation expires in three years, or in the longer period for compensation for personal injury provided for by the provisions governing the services included in the package, starting from the date of the traveler's return to the place of departure.
Section V
Protection in the event of insolvency or bankruptcy
Art. 47 (Effectiveness and scope of protection in the event of insolvency or bankruptcy). - 1. The organizer and the seller established in the national territory are covered by an insurance contract for civil liability in favor of the traveler for compensation for damages deriving from the violation of the respective obligations assumed with the respective contracts.
2. Travel package organization contracts are backed by insurance policies or bank guarantees which, for travel abroad and travel taking place within a single country, including travel to Italy, in cases of insolvency or bankruptcy of the organizer or seller guarantee, without delay at the request of the traveler, the refund of the price paid for the purchase of the package and the immediate return of the traveler in the event that the package includes the transport of the traveler, as well as, if necessary , the payment of food and accommodation before returning.
3. The organizers and intermediaries may form consortia or other forms of association capable of providing collectively, also by setting up a specific fund, for the coverage of the risks referred to in paragraph 2. The purposes of this paragraph may also be pursued through direct involvement in consortia and other forms of associations of companies and trade associations in the insurance sector, also by providing for forms of reinsurance.
4. The guarantee referred to in paragraph 2 is effective, adequate to the volume of business and covers reasonably foreseeable costs, the amounts of payments made by or on behalf of travelers in relation to packages, taking into account the duration of the period between advance payments and the final balance and completion of the packages, as well as the estimated cost for repatriation in the event of insolvency or bankruptcy of the organizer or seller.
5. Travelers benefit from the protection in the event of insolvency or bankruptcy of the organizer or the retailer regardless of their place of residence, place of departure or place of sale of the package and regardless of the Member State in which the subject is established. charged with providing protection in the event of insolvency or bankruptcy.
6. In the cases provided for in paragraph two, as an alternative to reimbursement of the price or immediate return, the traveler may be offered the continuation of the package with the methods referred to in articles forty and 42.
7. The obligation referred to in paragraph 1 does not exist for the organizer and retailer of a Member State of the European Union who establishes himself on the national territory if the conditions referred to in Article 33 of the legislative decree 26 March 2010 are met. , no. 59.
8. Organizers and vendors not established in a Member State who sell or offer for sale packages in Italy or in another Member State or who, by any means, direct such activities towards Italy or another Member State are obliged to provide a guarantee equivalent to that provided for in paragraph 2.
9. In any case, the Ministry of Foreign Affairs and International Cooperation may ask the interested parties the reimbursement, in whole or in part, of the expenses incurred for the rescue and repatriation of persons who, abroad, have deliberately exposed themselves, without prejudice to justified reasons related to the exercise of professional activities, to risks that they could have known with the use of normal diligence.
10. It is without prejudice to the right to take out other insurance policies for assistance to the traveler.
Art. 48 (Mutual recognition of protection in the event of insolvency and administrative cooperation). - 1. Any protection in the event of insolvency or bankruptcy that an organizer and a vendor provide in accordance with the corresponding measures provided for by the Member State in which he is established is recognized as complying with the discipline referred to in Article 47.
2. The Ministry of Cultural Heritage and Activities and Tourism - Directorate General for Tourism is designated as the central contact point to facilitate administrative cooperation and control of organizers and sellers operating in different Member States. communicated to all other Member States and to the Commission.
3. The central contact point shall make available to its counterparts all the necessary information regarding their respective national obligations regarding protection in the event of insolvency or bankruptcy and the entities in charge of providing such protection for the specific organizers or sellers established on its own territory, authorizing on reciprocity conditions access to any available register, made accessible to the public also online, in which the organizers and sellers who comply with the obligation of protection in the event of insolvency or bankruptcy are listed.
4. If a Member State has doubts about the protective measures in the event of the insolvency of an organizer, it requests clarification from the contact point referred to in paragraph 2. The contact point responds to requests from other Member States as quickly as possible, taking into account the urgency and complexity of the matter, and in any case providing an initial response within fifteen working days of receipt of the request.
Section VI
Related tourist services
Art. 49 (Obligations of protection in the event of insolvency or bankruptcy and information in relation to connected tourist services). - 1. For the reimbursement of all payments they receive from travelers, the provisions of Articles 47 and 48 shall apply to professionals who facilitate linked travel arrangements to the extent that a travel service which is part of a linked travel service is not carried out due to the state of insolvency or bankruptcy of the professionals.
2. Before the traveler is bound by a contract that leads to the creation of a connected tourist service or a corresponding offer, the professional who facilitates connected tourist services, even in cases where he is not established in a Member State but, by any means, directs such activities to a Member State, declares clearly and precisely that the traveler:
a) may not invoke any of the rights that apply
Exclusively to packages pursuant to this Chapter and that each service provider will be solely responsible for the exact contractual execution of its service;
b) may invoke protection in the event of insolvency or bankruptcy pursuant to paragraph 1.
3. The trader shall provide the traveler with this information by means of the relevant standard information form set out in Annex B to this Code or, if the specific type of linked travel arrangements is not covered by any of the
forms provided for in this annex, providing the information contained therein.
4. If the professional who facilitates connected tourist services has not complied with the obligations referred to in paragraphs 1 and 2, the rights and obligations provided for by articles 38 and 41 and section IV in relation to the tourist services included in the connected tourist service shall apply. .
5. If a linked tourist service is the result of the conclusion of a contract between a traveler and a professional who does not facilitate the linked tourist service, that professional informs the professional who facilitates the linked tourist service of the stipulation of the relevant contract.
Section VII
Responsibility of the seller
Art. 50 (Responsibility of the seller). - 1. The seller is responsible for the execution of the mandate given to him by the traveler with the travel brokerage contract, regardless of whether the service is rendered by the seller himself, by his auxiliaries or persons in charge when they act in the exercise of their functions or by the third parties whose work it makes use of, as the fulfillment of the obligations assumed must be evaluated with regard to the diligence required for the exercise of the corresponding professional activity.
Art. 51 (Responsibility in case of booking error). - 1. The professional is responsible for errors due to technical defects in the booking system that are attributable to him and, if he has agreed to organize the booking of a package or travel services that are part of related travel services, for errors made during the booking process.
2. The professional is not responsible for booking errors attributable to the traveler or due to unavoidable and extraordinary circumstances.
Art. 51-bis (Obligation of the seller to indicate his own quality). - 1. The seller is considered as an organizer if, in relation to a travel package contract, he fails to provide the traveler, pursuant to article 34, with the relevant standard information form referred to in Annex A, part II or part III to this code, and the information relating to the commercial name, geographical address, telephone number and e-mail address of the organizer, or fails to inform the traveler that he is acting as a seller.
Art. 51-ter (Specific obligations of the seller when the organizer is established outside the European Economic Area). -
1. If the organizer is established outside the European Economic Area, the seller established in a Member State is subject to the obligations laid down for organizers in Sections IV and V, unless he provides proof that the organizer complies the rules contained in these Sections.
Art. 51-quater (Prescription of the right to compensation for damage). - 1. Without prejudice to the provisions of article 46 and the effects of articles 51-bis and 51-ter, the traveller's right to compensation for damages provided for in this Section expires in two years from the date of the traveller's return to the place of departure.
Section VIII
General provisions
Art. 51-quinquies (Right to recourse and right of subrogation). - 1. The organizer or seller who has granted compensation or a price reduction, or paid compensation for damage or has been forced to comply with other obligations under the provisions of this Chapter, has the right of recourse against subjects who have contributed to the occurrence of the circumstances or event from which the compensation, price reduction, compensation for damage or other obligations in question arose, as well as subjects required to provide assistance and accommodation services under of other provisions, in the event that the traveler cannot return to the place of departure.
2. The organizer or the seller who have compensated the traveler are subrogated, within the limits of the compensation paid, in all the rights and actions of the latter towards responsible third parties; the traveler provides the organizer or the seller with all documents, information and elements in his own
possession useful for exercising the right of subrogation.
Art. 51-sexies (Ineligibility of the regulations relating to the rights of the traveler). - 1. A declaration that an organizer of a package or a professional who facilitates a linked travel arrangement acts exclusively as a provider of a travel service, intermediary or any other title, or that a package or a linked travel service does not constitutes a package or a connected tourist service, it does not exempt organizers or professionals from the obligations imposed on them by this Chapter.
2. Travelers may not renounce the rights conferred on them by the provisions of this Chapter.
3. Except as otherwise established by specific legal provisions, any contractual clauses or declarations of the traveler that exclude or limit, directly or indirectly, the rights deriving from this Chapter or whose purpose is to evade the application of the provisions referred to in this Chief, they don't bind the traveler.
Section IX
Administrative and judicial protection
Art. 51-septies (Administrative sanctions). - 1. Unless the fact constitutes a crime or constitutes an administrative offense sanctioned by the law of the regions and autonomous provinces of Trento and Bolzano, or an unfair commercial practice sanctioned by the legislative decree 6 September 2005, n. 206, the professional, the organizer or the seller who infringes:
a) the provisions referred to in articles 34, 35, paragraph 2, 36, 38, paragraph 3, 39, paragraph 4, 40, paragraph 4, 41, paragraph 7, third sentence, and 49, paragraphs 2 and 3, of this Capo, is punished, for every single violation, with a pecuniary administrative sanction from 1,000 euros to 5,000 euros;
b) the provisions of articles 37, paragraph 2, 42, paragraphs 7 and 8, and 45, paragraph 1, of this Chapter, shall be punished, for each individual violation, with a pecuniary administrative sanction from 2,000 to 10,000 euros ;
c) the provisions of article 47, paragraphs 1 to 5 and paragraphs 7 and 8, of this Chapter, shall be punished, for each individual violation, with a pecuniary administrative sanction from 4,000 euros to 20,000 euros.
2. Without prejudice to the provisions of paragraph 1, the professional, the organizer or the seller who fails to provide the information to the traveler, or hinders the exercise of the right of withdrawal or termination or provides incomplete or incorrect information or in any case not compliant with the right of withdrawal provided for in articles 40, 41 and with the right of termination provided for in article 42 of this Chapter, or does not reimburse the consumer any sums paid by them, is punished with a pecuniary administrative sanction from 1,000 to 5,000 euros EUR.
3. In case of reiteration, the administrative pecuniary sanctions provided for in paragraphs 1 and 2 are increased by one third, where the reiteration occurs if the same violation has been committed twice in a year, even if payment has been made of the sanction by oblation.
4. In the event of a further reiteration, the administrative pecuniary sanctions provided for in paragraphs 1 and 2 are doubled.
5. In case of violation of the insurance obligations provided for in articles 47 and 48, the accessory administrative sanction of suspension from the exercise of the activity from fifteen days to three months is applied to the professional, to the organizer or to the of recurrence, the competent authority orders the cessation of the activity.
6. For the administrative pecuniary sanctions consequent to the violations of this decree, the provisions contained in Chapter I, Section I, and in articles 26, 27, 28 and 29 of the law 24 November 1981, n. 689, and subsequent amendments.
7. Without prejudice to the provisions of article 51-novies, the payment of the administrative pecuniary sanctions referred to in this article shall be made within thirty days of notification of the provision.
8. In article 148 of law no. 388, the following changes are made:
a) in paragraph 1, the following words are added: ", except as provided in the second sentence of paragraph 2";
b) in paragraph 2, the following sentence is added finally: "The revenues deriving from the administrative sanctions referred to in Article 51-septies, Section IX, Chapter I, Title VI of Annex 1 to Legislative Decree 23 May 2011, n. 79, are intended for initiatives for the benefit of travelers. These revenues flow to a specific chapter / article of income of the newly established state budget and can be reallocated by decree of the Minister of Economy and Finance to a specific fund registered in the state of provision of the Ministry of Cultural Heritage and Activities and Tourism to be allocated to the initiatives referred to in the first period, identified from time to time by decree of the Minister of Cultural Heritage and Activities and Tourism, after consulting the parliamentary commissions. .
Art. 51-octies (Application of administrative sanctions). - 1. Without prejudice to the provisions of articles 51-septies, paragraph 1, and 51-novies, the Antitrust Authority, ex officio or at the request of any subject or organization that has an interest, ascertains the violations of the provisions referred to in article 51-septies, inhibits its continuation and eliminates its effects, making use for this purpose of the instruments, including sanctions, provided for by Legislative Decree 6 September 2005, n. 206.
Art. 51-novies (Administrative sanctions provided for by law of the regions and autonomous provinces of Trento and Bolzano). - 1. The regions and autonomous provinces of Trento and Bolzano provide for effective, proportionate and dissuasive administrative sanctions for violations of the provisions of this Chapter which fall within the scope of their powers.
The activity of the travel agency / Tour Operator Insite Tours is governed by LR n. 15 of 1988 to the text of which, for further information, please refer.
http://www.regione.taa.it/normativa/codice/LR_1988_15_it.pdf
http://www.regione.taa.it/normativa/codice/LR_1988_15_it.pdf
