LEGISLATIVE SOURCES

The sale of package tours relating to services to be provided both within national territory and internationally is governed by:

  • Articles 32 to 51-novies of Legislative Decree No. 79 of 23 May 2011 (“Tourism Code”);
  • the provisions of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”), insofar as compatible;
  • until its repeal and insofar as applicable, the provisions of Law No. 1084/1977 ratifying and implementing the International Convention relating to Travel Contracts (CCV) signed in Brussels on 23 April 1970;
  • the provisions of the Civil Code on transport and mandate, insofar as applicable.

The provisions set out in Title VI, Chapter I of Legislative Decree No. 79/2011 do not apply to:

a) packages and linked travel services with a duration of less than 24 hours, unless an overnight stay is included;

b) packages and linked travel services purchased under a general agreement for the organisation of business travel concluded between a professional and another natural or legal person acting within the scope of their commercial, entrepreneurial, craft or professional activity.

DEFINITION OF “PACKAGE TOUR”

Pursuant to Article 33 of Legislative Decree No. 79/2011, a package tour consists of the combination of at least two different types of travel services for the purpose of the same trip or holiday, such as:

1) passenger transport;

2) accommodation that 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 or other motor vehicles pursuant to the Ministerial Decree of 28 April 2008, or motorcycles requiring a category A driving licence pursuant to Legislative Decree No. 2 of 16 January 2013;

4) any other travel service that is not an integral part of one of the travel services referred to in points 1), 2) or 3) and is not a financial or insurance service,

provided that at least one of the following conditions is met:

1) such services are combined by a single professional, also at the request of the traveller or in accordance with their selection, before a single contract for all services is concluded;

2) such services, even if concluded through separate contracts with individual travel service providers, are:

2.1) purchased from a single point of sale and selected before the traveller agrees to pay;

2.2) offered, sold or invoiced at an inclusive or global price;

2.3) advertised or sold under the term “package” or a similar term;

2.4) combined after the conclusion of a contract by which the professional allows the traveller to choose from a selection of different types of travel services, or purchased from separate professionals through linked online booking processes where the traveller’s name, payment details and email address are transmitted by the professional with whom the first contract is concluded to one or more other professionals, and the contract with such other professional(s) is concluded no later than 24 hours after confirmation of the booking of the first travel service.

A combination of travel services is not considered a package tour if one of the travel services referred to in points 1), 2) or 3) above is combined with one or more of the travel services referred to in point 4), provided that such latter services do not account for 25% or more of the value of the combination and are neither advertised nor otherwise represent an essential feature of the combination, or are selected and purchased only after the performance of one of the travel services referred to in points 1), 2) or 3) has begun.

OTHER DEFINITIONS

For the purposes of these conditions and pursuant to Article 33 of Legislative Decree No. 79/2011 (Tourism Code), the following definitions apply:

  • “ancillary travel service”: ancillary services such as, among others, luggage transport provided as part of passenger transport; use of paid parking facilities at stations or airports; short-distance passenger transport during guided tours or transfers between an accommodation facility and a travel terminal by other means; organisation of entertainment or sports activities; provision of meals, drinks and cleaning services as part of accommodation; use of bicycles, skis and other equipment of the accommodation facility or access to on-site facilities such as swimming pools, beaches, gyms, saunas, wellness or spa centres, including for hotel guests; any other typical ancillary service, including according to local practice;
  • “package tour 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 travel services included in the package;
  • “start of the package”: the beginning of the performance of the travel services included in the package;
  • “linked travel service”: at least two different types of travel services purchased for the purpose of the same trip or holiday that do not constitute a package and that result in the conclusion of separate contracts with individual travel service providers, if a professional facilitates, alternatively:

1) during a single visit or single contact with their point of sale, the separate selection and separate payment of each travel service by the travellers;

2) the targeted purchase of at least one additional travel service from another professional, where such purchase is concluded within 24 hours of confirmation of the booking of the first travel service.

The purchase of one of the types of travel services referred to in points 1), 2) or 3) above together with one or more of the travel services referred to in point 4) does not constitute a linked travel service if such latter services do not represent a significant portion of 25% or more of the combined value of the services and are not advertised as an essential element of the trip or holiday and do not, in any case, constitute an essential element thereof;

  • “traveller”: any person who intends to conclude a contract, concludes a contract or is authorised to travel on the basis of a concluded contract, within the scope of application of Title VI, Chapter I of Legislative Decree No. 79/2011;
  • “professional”: any public or private natural or legal person who, in the context of their commercial, industrial, craft or professional activity, acts in contracts covered by Title VI, Chapter I of Legislative Decree No. 79/2011, also through another person acting in their name or on their behalf, as an organiser, retailer, professional facilitating linked travel services or travel service provider, pursuant to applicable law;
  • “organiser”: a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmits the traveller’s data to another professional in accordance with letter c), point 2.4) of Article 33 of Legislative Decree No. 79/2011;
  • “retailer”: a professional other than the organiser who sells or offers for sale packages combined by an organiser;
  • “unavoidable and extraordinary circumstances”: a situation beyond the control of the party invoking such a situation, the consequences of which could not have been avoided even if all reasonable measures had been taken;
  • “lack of conformity”: a failure to perform the travel services included in a package;
  • “minor”: a person under the age of 18;
  • “return”: the traveller’s return to the place of departure or to another place agreed by the contracting parties.

TECHNICAL DATA SHEET

The organiser prepares, in the catalogue or in the out-of-catalogue programme – even if provided on electronic media or online – a technical data sheet. This contains technical information relating to the legal obligations to which the Tour Operator is subject, including by way of example:

  • details of the organiser’s administrative authorisation or S.C.I.A.;
  • details of the guarantees for travellers pursuant to Art. 47 of the Tourism Code;
  • details of the civil liability insurance policy;
  • the period of validity of the catalogue – in paper or electronic format, where applicable – or of the out-of-catalogue programme;
  • parameters and criteria for price adjustment of the trip (Art. 39 of the Tourism Code).

At the time of conclusion of the contract, the organiser or the retailer will inform passengers of the identity of the carrier(s), without prejudice to the provisions of Art. 11 of EC Regulation 2111/2005 and of their possible inclusion in the so-called “black list” provided for by said Regulation.

PRE-CONTRACTUAL INFORMATION

Before the conclusion of the package tour contract or a corresponding offer and pursuant to Article 34 of Legislative Decree No. 79/2011, the organiser and, where the package is sold through a retailer, the latter as well, shall provide the traveller with the relevant standard information form referred to in Annex A, Part I or Part II, of the same Legislative Decree No. 79/2011, as well as the following information:

a) the main characteristics of the travel services;

b) the commercial name and geographical address of the organiser and, where applicable, of the retailer, their telephone numbers and email addresses;

c) the total price of the package inclusive of taxes and all fees, charges and other additional costs, including any administrative and handling fees, or, where these cannot reasonably be calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may still have to bear;

d) payment arrangements, including any amount or percentage of the price to be paid as a deposit and the schedule for payment of the balance, or the financial guarantees to be paid or provided by the traveller;

e) the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5, letter a), of Legislative Decree No. 79/2011, prior to the start of the package, for possible termination of the contract if such number is not reached;

f) general information on passport and visa requirements, including approximate time limits for obtaining visas and the health formalities of the destination country;

g) information on the traveller’s right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal fees, or, where applicable, the standard withdrawal fees requested by the organiser pursuant to Article 41, paragraph 1, of Legislative Decree No. 79/2011;

h) information on optional or mandatory insurance covering the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including repatriation, in the event of accident, illness or death;

i) details of the coverage referred to in Article 47, paragraphs 1, 2 and 3, of Legislative Decree No. 79/2011.

Pursuant to and for the purposes of Article 35, paragraph 1, of Legislative Decree No. 79/2011, the traveller expressly agrees that the information provided to them – and referred to above – may be modified.

BOOKINGS – COMMUNICATIONS TO THE TRAVELLER

The booking proposal must be drawn up on a specific form, including in electronic format, completed in all its parts and signed, including electronically, by the traveller, who will receive a copy thereof.

The booking proposal shall be deemed accepted, with consequent conclusion of the contract, only when the traveller receives the relevant confirmation/voucher, including by electronic means.

Prices per person are based on a minimum of two full-paying persons and depend on the number of travellers, the duration of the trip, any discounts applied to travellers and the options selected at the time of booking. The “third bed” reduction is calculated on the youngest child, while the “fourth bed” reduction is calculated on the oldest child.

For contractual purposes, relevant communications will be sent to the traveller at the email address provided at the time of booking. Such communications shall be deemed known to the traveller if duly sent to the aforementioned email address.

PAYMENTS

Payments must be made according to the methods set out below.

Credit card
Payments by Mastercard or Visa credit cards are accepted, including prepaid cards such as PostePay, and for purchases via tablet/mobile also Apple Pay. Upon successful completion of the payment transaction for the full amount of the stay, the customer will receive the travel documents called “vouchers” by email, to be printed and presented at the accommodation facility as confirmation (except for flight, train, ferry, coach products included and, in any case, services subject to different regulations).

PayPal
The customer may select payment via PayPal and, upon successful completion of the payment transaction for the full amount of the stay, will receive the travel documents called “vouchers” by email, to be printed and presented at the accommodation facility as confirmation (except for flight, train, ferry, coach products included and, in any case, services subject to different regulations).

Scalapay
The customer may select payment via Scalapay where the booking is made less than 50 days in advance of the holiday start date and where the total amount of the stay is greater than €300.00 and less than €4,500.00. Upon successful completion of the Scalapay payment transaction, the customer will receive the travel documents called “vouchers” by email, to be printed and presented at the accommodation facility as confirmation (except for flight, train, ferry, coach products included and, in any case, services subject to different regulations). The customer acknowledges that the instalments will be assigned to SCALAPAY S.R.L., to related parties and to their assignees, and authorises such assignment.

Bank transfer
The customer may select, where available for the type of service or package, payment by bank transfer at the time of booking and is required to send a copy of the transfer receipt by email, to the addresses indicated on the confirmation page and/or in the booking, no later than 4:00 p.m. on the day following the booking date. The copy of the transfer must include either the CRO code or the SEPA code identifying the transaction. If the booking is made on Friday, Saturday or Sunday, the deadline for sending the copy of the transfer is extended to the following Monday, always by 4:00 p.m. If the booking is made on a public holiday, the deadline is extended to the first following working day, always by 4:00 p.m. If the procedure is correctly carried out by the customer, they will receive the travel documents by email (except for flight, train, ferry, coach products included and, in any case, services subject to different regulations).

Instalment payment
If the booking is made at least 50 days before the holiday start date and where the total amount of the stay is greater than €500.00, the customer may choose to pay in two instalments, respectively “deposit” and “balance”:
- the deposit is equal to 25% of the total holiday amount plus the cost of any optional insurance for trip cancellation and/or medical and/or baggage coverage. The deposit may be paid according to the methods and within the time limits described above. This amount is paid as a deposit, but the effects set out in Art. 1385 of the Italian Civil Code shall not apply where withdrawal is due to a supervening event not attributable to the withdrawing party, or is justified by the serious breach of the other party;
- the balance is equal to the remaining 75% of the holiday and must be paid according to the methods and within the time limits described above, no later than 31 calendar days prior to the holiday start date.
If the procedure is correctly carried out by the customer, they will receive the “voucher” document by email with a summary of the booked services (any additional travel documents will be sent at a later time by email as soon as they become available).

Failure to comply with the above payment and communication methods prevents acceptance of the booking proposal by Italy Will s.r.l. and, in the case of instalment payments, results in cancellation of the booking and the effects set out in the following paragraph.

The booking form or any other written communication shall indicate:

  • in the case of instalment payments, the amount not exceeding 25% of the total price of the travel service, to be paid at the time of booking or at the time of the binding request; such amount is paid as a deposit, but the effects set out in Art. 1385 of the Italian Civil Code shall not apply where withdrawal is due to a supervening event not attributable to the withdrawing party, or is justified by the serious breach of the other party;
  • again in the case of instalment payments, the date by which the balance must be paid prior to departure;
  • in the case of payment in a single instalment, the date by which the price must be paid prior to departure.

CONTENT OF THE PACKAGE TOUR CONTRACT – DOCUMENTS

At the time of conclusion of the package tour contract, the organiser or the retailer shall provide the traveller with confirmation of the contract.

Such confirmation shall contain the information referred to in the previous point 5.1, as well as that provided for by Article 36, paragraph 5, of Legislative Decree No. 79/2011.

Pursuant to and for the purposes of Article 36, paragraph 4, of Legislative Decree No. 79/2011, the traveller expressly agrees that confirmation of the package tour contract may also be provided by email.

Before the start of the package, the organiser shall provide the traveller with the necessary receipts, vouchers and tickets, information on the scheduled departure time and the latest time for acceptance, as well as the times of intermediate stops, connections and arrival.

TRANSFER OF THE PACKAGE TOUR CONTRACT TO ANOTHER TRAVELLER

The traveller, upon prior notice given to the organiser by email no later than seven days before the start of the package, may transfer the package tour contract to a person who satisfies all the conditions for use of the service.

The transferor and the transferee of the package tour contract shall be jointly and severally liable for payment of the balance of the price and of any duties, taxes and other additional costs, including any administrative and handling fees, arising from such transfer.

The organiser shall inform the transferor of the actual costs of the transfer and shall provide the transferor with proof relating to the duties, taxes or other additional costs resulting from the transfer of the contract.

PRICE – PRICE REVISION

The price of the package tour is determined with reference to what is indicated in the catalogue, in the out-of-catalogue programme, on the website and to any subsequent updates of such catalogues or out-of-catalogue programmes.

After the conclusion of the package tour contract and pursuant to and for the purposes of Article 39, paragraph 1, of Legislative Decree No. 79/2011, prices may be modified as a result of changes relating to:

a) the price of passenger transport due to the cost of fuel or other energy sources;

b) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including landing, disembarkation and embarkation fees at ports and airports;

c) the exchange rates relevant to the package.

Pursuant to and for the purposes of Article 39, paragraph 1, of Legislative Decree No. 79/2011, the traveller expressly agrees to any price revisions referred to in the previous point.

The traveller shall be entitled to a price reduction corresponding to any decrease in the costs referred to in the previous point, letters a), b) and c), occurring after the conclusion of the contract and before the start of the package.

For such variations, reference shall be made to the exchange rates and the above-mentioned costs in force on the date of publication of the programme, as indicated in the technical data sheet of the catalogue, or to the date indicated in any subsequent updates.

If the price increase exceeds 8 per cent of the total price of the package, Article 40, paragraphs 2, 3, 4 and 5, of Legislative Decree No. 79/2011 shall apply.

A price increase, regardless of its amount, shall be possible only upon prior written notice by the organiser to the traveller, together with the justification for such increase and the calculation method, at least twenty days before the start of the package.

In the event of a price reduction, the organiser shall be entitled to deduct the actual administrative and handling costs from the refund due to the traveller.

MODIFICATION OF OTHER TERMS OF THE PACKAGE TOUR CONTRACT

Before the start of the package and pursuant to and for the purposes of Article 40, paragraph 1, of Legislative Decree No. 79/2011, the organiser reserves the right to modify contract terms other than the price, provided that the modification is of minor importance, and shall notify the traveller thereof in writing.

If, before the start of the package, the organiser is forced to significantly modify one or more of the main characteristics of the travel services referred to in Article 34, paragraph 1, letter a), of Legislative Decree No. 79/2011, or is unable to fulfil the specific requirements referred to in Article 36, paragraph 5, letter a), of Legislative Decree No. 79/2011, or proposes to increase the price of the package by more than 8 per cent pursuant to Article 39, paragraph 3, of Legislative Decree No. 79/2011, the traveller may, within 48 hours of the relevant communication, accept the proposed modification or withdraw from the contract without paying withdrawal fees. In the event of withdrawal, the organiser may offer the traveller a substitute package of equivalent or higher quality.

If the modifications to the package tour contract or the substitute package referred to in the previous point result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.

In the event of withdrawal from the package tour contract pursuant to the previous point, if the traveller does not accept a substitute package, the organiser shall refund, without undue delay and in any event within fourteen days of withdrawal from the contract, all payments made by or on behalf of the traveller; moreover, the provisions of Article 43, paragraphs 2, 3, 4, 5, 6, 7 and 8, of Legislative Decree No. 79/2011 shall apply.

RIGHT OF WITHDRAWAL BEFORE THE START OF THE PACKAGE

The traveller may withdraw from the package tour contract at any time before the start of the package, subject to reimbursement to the organiser of the costs incurred.

In the event of withdrawal from the contract by the traveller before departure, for any reason whatsoever, including unforeseen and supervening reasons, outside the cases listed in the previous point and in the subsequent point 12.3, the traveller shall be charged the following costs, calculated on the basis of the number of days prior to the start of the package on which the withdrawal occurs and quantified according to the following percentages:

  • 25% of the price, in the event of withdrawal communicated within 31 days before the start;
  • 80% of the price, in the event of withdrawal communicated within 16 days before the start;
  • 100% of the price, in the event of withdrawal communicated within 15 days before the start.

If the traveller has already paid the balance of the price, it shall be applied to the withdrawal costs in the corresponding amount.

In the case of pre-formed groups, such amounts shall be agreed from time to time at the time of signing the contract.

A reduction in the number of travellers within a booking shall be considered a partial withdrawal, with the consequent charging of the above withdrawal costs.

In the event of unavoidable and extraordinary circumstances occurring at the destination or in its immediate vicinity and having a substantial impact on the performance of the package or on the transport of passengers to the destination, the traveller shall be entitled to withdraw from the contract, before the start of the package, without paying withdrawal costs and to a full refund of payments made for the package, but shall not be entitled to additional compensation.

Any subsequent impossibility for the traveller to make use of the holiday shall not entitle the traveller to withdraw without penalties, as the traveller may protect themselves against the economic risk associated with cancellation of the contract by taking out a specific insurance policy.

The organiser may withdraw from the package tour contract and offer the traveller a full refund of payments made for the package, but shall not be required to pay additional compensation if:

a) the number of persons registered for the package is less than the minimum required by the contract and the organiser notifies the traveller of the withdrawal from the contract within the period set out 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, or forty-eight hours before the start of the package in the case of trips lasting less than two days;

b) the organiser is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the traveller of the withdrawal therefrom without undue delay before the start of the package.

The organiser shall proceed with all refunds prescribed pursuant to the previous points or, with regard to what is provided for therein, shall refund any payment made by or on behalf of the traveller for the package after deducting the appropriate costs, without undue delay and in any event within fourteen days of withdrawal.

In the case of contracts negotiated outside commercial premises, the traveller shall have the right to withdraw from the package tour contract within a period of five days from the date of conclusion of the contract or from the date on which they receive the contractual conditions and preliminary information, if later, without penalties and without providing any reason. In the case of offers with fares significantly reduced compared to current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price variation, clearly highlighting the exclusion of the right of withdrawal.

VARIATION OF THE CONTRACT AT THE TRAVELLER’S REQUEST

Any requests by the traveller relating to a change of the flight departure date, the arrival date at the tourist accommodation or an increase in the number of travellers per room shall not, in any way or for any purpose, be binding on Italy Will s.r.l.

If the request for modification submitted by the traveller is accepted, the related cost shall be charged to the traveller and shall be quantified at the time the booking modification is requested.

LIABILITY OF THE ORGANISER FOR IMPROPER PERFORMANCE OF THE PACKAGE AND FOR SUBSEQUENT IMPOSSIBILITY DURING PERFORMANCE – COMPLAINTS

The organiser shall be responsible for the performance of the travel services included in the package tour contract, regardless of whether such services are to be performed by the organiser itself, by its assistants or agents acting within the scope of their duties, by third parties whose services it uses, or by other travel service providers, pursuant to Article 1228 of the Italian Civil Code.

Pursuant to Articles 1175 and 1375 of the Italian Civil Code, the traveller shall promptly inform the organiser, directly or through the seller, taking into account the circumstances of the case, of any lack of conformity detected during the performance of a travel service included in the package tour contract.

If one of the travel services is not performed as agreed in the package tour contract, the organiser shall remedy the lack of conformity, unless this is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. If the organiser fails to remedy the lack of conformity, Article 43 of Legislative Decree No. 79/2011 shall apply.

Without prejudice to the exceptions referred to above, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller in relation to the duration and characteristics of the package, following the complaint made pursuant to the previous paragraph, the traveller may remedy the defect personally and request reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if immediate action is required, the traveller shall not be required to specify a deadline.

If a lack of conformity, pursuant to Article 1455 of the Italian Civil Code, constitutes a breach of not minor importance of the travel services included in a package and the organiser has not remedied it within a reasonable period set by the traveller, the traveller may, without charge, terminate the package tour contract by operation of law and with immediate effect or, where appropriate, request a price reduction pursuant to Article 43 of Legislative Decree No. 79/2011, without prejudice to any claim for damages. In the event of termination, if the package included passenger transport, the organiser shall also provide for the traveller’s return using equivalent transport without undue delay and at no additional cost to the traveller.

If it is impossible to ensure the traveller’s return, the organiser shall bear the cost of the necessary accommodation, where possible of an equivalent category to that provided for in the contract, for a period not exceeding three nights per traveller or for any longer period provided for by European Union legislation on passenger rights applicable to the relevant means of transport.

The cost limitation referred to above shall not apply to persons with reduced mobility as defined in Article 2(1)(a) of Regulation (EC) No. 1107/2006 and their accompanying persons, pregnant women, unaccompanied minors and persons requiring specific medical assistance, provided that the organiser has been notified of their particular needs at least forty-eight hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit liability under this paragraph where the transport service provider cannot rely on such circumstances under the applicable European Union legislation.

If, due to circumstances arising after the conclusion of the contract and not attributable to the organiser, it is impossible during performance to provide a substantial part, in terms of value or quality, of the combination of travel services agreed in the package tour contract, the organiser shall offer, at no additional cost to the traveller, suitable alternative arrangements of equivalent or higher quality, where possible, to those specified in the contract, so that the performance of the package may continue, including where the traveller’s return to the place of departure is not provided as agreed. If the proposed alternative arrangements result in a package of lower quality than that specified in the package tour contract, the organiser shall grant the traveller an appropriate price reduction.

The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package tour contract or if the price reduction granted is inadequate.

If it is impossible to arrange alternative solutions or if the traveller rejects the proposed alternative arrangements in accordance with the previous paragraph, the traveller shall be entitled to a price reduction.

If, due to circumstances not attributable to the organiser, it is impossible to ensure the traveller’s return as agreed in the package tour contract, the above provisions shall apply.

PRICE REDUCTION AND COMPENSATION FOR DAMAGES

The traveller shall be entitled to an appropriate price reduction for the period during which there was a lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.

The traveller shall be entitled to receive from the organiser, without undue delay, appropriate compensation for any damage suffered as a result of a lack of conformity.

The traveller shall not be entitled to compensation if the organiser proves that the lack of conformity is attributable to the traveller or to a third party unconnected with the provision of the travel services included in the package tour contract and is unforeseeable or unavoidable, or is due to unavoidable and extraordinary circumstances.

The organiser shall be 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 the conditions under which it is due by a supplier providing a travel service included in a package.

In any event, Italy Will s.r.l. shall not be liable for compensation for damages, except in the case of personal injury or damage caused intentionally or by negligence, up to a maximum of three times the total price of the package.

Any right to compensation or price reduction pursuant to Title VI, Chapter I, of Legislative Decree No. 79/2011 shall not prejudice the rights of travellers under Regulation (EC) No. 261/2004, Regulation (EC) No. 1371/2007, Regulation (EC) No. 392/2009, Regulation (EU) No. 1177/2010 and Regulation (EU) No. 181/2011 of the European Parliament and of the Council, as well as under international conventions, it being understood that compensation or price reduction granted pursuant to Title VI, Chapter I, of Legislative Decree No. 79/2011 and compensation or price reduction granted pursuant to such regulations and international conventions shall be deducted from one another.

The right to a price reduction or compensation for damages provided for herein shall be time-barred after two years from the date of the traveller’s return to the place of departure, without prejudice to the provisions of the following paragraph.

The right to compensation for personal injury shall be time-barred after three years from the date of the traveller’s return to the place of departure or after the longer period provided for compensation for personal injury by the provisions governing the services included in the package.

POSSIBILITY TO CONTACT THE ORGANISER THROUGH THE SELLER

The traveller may address messages, requests or complaints relating to the performance of the package directly to the seller through whom the package was purchased, who shall promptly forward such messages, requests or complaints to the organiser.

For the purposes of compliance with time limits or limitation periods, the date on which the seller receives the messages, requests or complaints referred to above shall also be considered the date of receipt by the organiser.

ASSISTANCE TO THE TRAVELLER

If the organiser is required to provide assistance to a traveller who is in difficulty, it may request payment of an appropriate and reasonable cost for such assistance if the problem is caused intentionally by the traveller or through the traveller’s fault, within the limits of the expenses actually incurred.

COMPENSATION FOR A RUINED HOLIDAY

If the non-performance of the services included in the package is not of minor importance pursuant to Article 1455 of the Italian Civil Code, the traveller may claim from the organiser or the seller, according to the liability arising from the breach of their respective contractual obligations, in addition to and independently of termination of the contract, compensation for the damage related to the wasted holiday time and the irretrievable loss of the opportunity.

The right to compensation shall be time-barred after three years, or after the longer period provided for compensation for personal injury by the provisions governing the services included in the package, from the date of the traveller’s return to the place of departure.

INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS

If not expressly included in the price, special insurance policies against costs arising from cancellation of the package tour and repatriation may be taken out at the time of booking.

Details relating to insurance premiums and general policy conditions are available on the website or in the catalogue.

OBLIGATIONS OF TRAVELLERS

During negotiations and, in any event, before the conclusion of the contract, Italian citizens shall be provided in writing with general information regarding health requirements and documentation required for travel abroad.

Foreign citizens shall obtain the corresponding information through their diplomatic representations in Italy and/or their respective official government information channels.

In any case, before departure, travellers shall verify that such information is up to date with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Operations Centre telephone number +39 06 491115), and shall comply with it before travelling.

In the absence of such verification, no liability for the failure of one or more travellers to depart may be attributed to the organiser or the intermediary.

Travellers shall inform the organiser or intermediary of their citizenship and, at the time of departure, shall ensure that they are in possession of vaccination certificates, an individual passport and any other document required for all countries included in the travel itinerary, as well as any residence or transit visas and health certificates that may be required.

Furthermore, in order to assess the health and security situation of the destination countries and thus the objective usability of the services purchased or to be purchased, the tourist shall obtain official general information from the Ministry of Foreign Affairs using the sources indicated above, which expressly states whether or not destinations are subject to a formal travel warning.

Travellers shall also comply with the rules of normal prudence and diligence and with those specifically in force in the destination countries, with all information provided by the organiser or intermediary, and with regulations, administrative provisions or legislative measures relating to the travel service.

Travellers shall be liable for all damages that the organiser or intermediary may suffer as a result of failure to comply with the above obligations, including the costs necessary for their repatriation.

The tourist is required to provide the organiser or intermediary with all documents, information and elements in their possession useful for the exercise of the organiser’s right of subrogation against third parties responsible for the damage and is liable towards the organiser and intermediary for any prejudice caused to the right of subrogation.

The tourist shall also communicate in writing to the organiser or intermediary, at the time of booking, any specific personal requests that may be the subject of specific agreements regarding travel arrangements, provided that their implementation is possible.

The tourist shall always inform the organiser or intermediary of any special needs or personal conditions (for example, and by way of illustration only: pregnancy, food intolerances, disabilities) and shall expressly specify any request for related personalised services.

HOTEL CLASSIFICATION

The official classification of accommodation facilities is provided on the website, in the catalogue or in other informational material solely on the basis of the express and formal indications of the competent authorities of the country in which the service is provided.

In the absence of official classifications recognised by the competent authorities of the countries, including EU Member States, to which the service refers, the organiser reserves the right to provide its own description of the accommodation facility, allowing the traveller to assess and accept it accordingly.

EFFECTIVENESS AND SCOPE OF PROTECTION IN THE EVENT OF INSOLVENCY OR BANKRUPTCY

Package tour contracts are covered by insurance policies or bank guarantees which, for travel abroad and for travel taking place within a single country, including travel in Italy, in cases of insolvency or bankruptcy of the organiser or seller, guarantee, without delay upon request by the traveller, reimbursement of the price paid for the purchase of the package and the immediate return of the traveller where the package includes passenger transport, as well as, where necessary, payment for board and lodging prior to return.

Travellers benefit from protection in the event of insolvency or bankruptcy of the organiser or seller 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 entity responsible for providing insolvency or bankruptcy protection is established.

The identification details of the legal entity responsible for providing the guarantee on behalf of the organiser shall be indicated in the catalogue and/or on the tour operator’s website, together with the procedures and deadlines for accessing such protection. With regard to packages organised by Italy Will s.r.l., the procedures for accessing the guarantee and the deadlines for submitting refund claims are indicated on the website of the insurance company Bene Assicurazioni S.p.A., available at www.bene.it. In order to avoid forfeiture, travellers are advised to carefully note the deadlines indicated for submitting claims. It is understood that failure to meet the deadline due to impossibility of submitting the claim, and not due to the traveller’s inertia, allows for reinstatement of the deadline.

In the cases provided for above, as an alternative to reimbursement of the price or immediate return, continuation of the package may be offered to the traveller in accordance with Articles 40 and 42 of Legislative Decree No. 79/2011.

EFFECTIVENESS AND SCOPE OF PROTECTION IN THE EVENT OF INSOLVENCY OR BANKRUPTCY RELATING TO LINKED TRAVEL SERVICES

In the event of the purchase of linked travel services (as defined by Article 33(1)(f) of Legislative Decree No. 79/2011), the traveller may invoke protection in the event of insolvency or bankruptcy pursuant to Article 49(1) of Legislative Decree No. 79/2011, which provides that: “Professionals facilitating linked travel services shall be subject, for the reimbursement of all payments received from travellers, to the provisions of Articles 47 and 48 to the extent that a travel service forming part of a linked travel service is not performed due to the insolvency or bankruptcy of the professionals.”

LIABILITY OF THE SELLER

If Italy Will s.r.l. acts as a “seller” pursuant to Article 33(1)(l) of Legislative Decree No. 79/2011, the conditions prepared by the “organiser”, as defined by Article 33(1)(i) of Legislative Decree No. 79/2011, shall apply.

The seller shall be solely responsible for the execution of the mandate conferred by the traveller under the travel intermediation contract.

The seller shall not be responsible for booking errors attributable to the traveller or due to unavoidable and extraordinary circumstances.

Without prejudice to Article 46 of Legislative Decree No. 79/2011 and the effects of Articles 51-bis and 51-ter of the same decree, the traveller’s right to compensation for damages shall be time-barred after two years from the date of the traveller’s return to the place of departure.

DISPUTE RESOLUTION

Pursuant to Article 67(2) of Legislative Decree No. 79/2011, the traveller retains the right to resort to voluntary or joint negotiation procedures or to conciliation procedures before arbitration or conciliation committees for the resolution of disputes between businesses and consumers relating to the provision of travel services, established pursuant to Article 2(4)(a) of Law No. 580/1993.

In conciliation procedures, travellers may avail themselves of consumer associations. Such conciliation procedures are governed by Articles 140 and 141 of Legislative Decree No. 206/2005.

APPLICABLE LAW AND JURISDICTION

These General Conditions shall be governed by Italian law, without prejudice to mandatory provisions protecting travellers and consumers.

In the event of a dispute between the parties, the competent court shall be that of the consumer’s place of residence, if in Italy; otherwise, exclusive jurisdiction shall lie with the Court of Padua.

Mandatory notice pursuant to Article 17 of Law No. 38 of 6 February 2006

Italian law punishes with imprisonment crimes concerning child prostitution and child pornography, even if committed abroad.

STANDARD INFORMATION FORM FOR PACKAGE TRAVEL CONTRACTS

The combination of travel services offered to you constitutes a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights applicable to packages.

Italy Will s.r.l., as identified on the Legal Information page, shall be fully responsible for the proper performance of the package as a whole. Furthermore, as required by law, Italy Will s.r.l. provides protection to refund your payments and, if transport is included in the package, to ensure your repatriation in the event of insolvency.

Key rights under Directive (EU) 2015/2302

1. Travellers shall receive all essential information about the package before the conclusion of the package travel contract, as well as more detailed information in the online catalogue relating to the description of the chosen destination and in the general conditions of contract published on the website.

2. Italy Will s.r.l. is responsible for the proper performance of the travel services included in the contract.

3. Travellers shall be provided in the travel documents with an emergency telephone number or contact details through which the organiser or travel agent may be reached.

4. Travellers may transfer the package to another person who satisfies all conditions for use of the service, upon giving notice of no less than 7 days before departure and upon payment of the costs incurred by the organiser as a result of the transfer or other additional costs arising therefrom.

5. The price of the package may be increased only if specific costs increase (e.g. fuel prices, air transport taxes and charges, landing, embarkation or disembarkation fees, exchange rates applicable to the package), and in any case no later than 20 days before the start of the package. If the price increase exceeds 8% of the package price, the traveller may terminate the contract. The traveller is entitled to a price reduction if relevant costs decrease.

6. Travellers may terminate the contract without paying termination fees and obtain a full refund if any essential element of the package, other than the price, is substantially changed. If, before the start of the package, the professional responsible for the package cancels it, travellers shall be entitled to a refund and, where appropriate, compensation.

7. Travellers may, in exceptional circumstances, terminate the contract without paying termination fees before the start of the package, for example if there are serious security problems at the destination likely to affect the package. Travellers may also terminate the contract at any time before the start of the package upon payment of appropriate and justifiable standard termination fees indicated in the general conditions published on the website.

8. If, after the start of the package, substantial elements cannot be provided as agreed, suitable alternative arrangements shall be offered to the traveller at no extra cost. Travellers may terminate the contract without paying termination fees if the services are not performed as agreed and this significantly affects the performance of the package and the organiser has failed to remedy the problem.

9. Travellers are entitled to a price reduction and/or compensation for damages in the event of non-performance or improper performance of the travel services.

10. The organiser is required to provide assistance if the traveller is in difficulty.

11. If the organiser or, in some Member States, the seller becomes insolvent, payments shall be refunded. If insolvency occurs after the start of the package and transport is included, repatriation of travellers is guaranteed.

Directive (EU) 2015/2302, implemented by Legislative Decree No. 62 of 28 May 2018, is available on the website.

Version

Rev-25.0301 dated 01/03/2025