Tourist Services Terms

• LEGISLATIVE SOURCES
• DEFINITIONS
• TECHNICAL DATA SHEET
• BOOKINGS – COMMUNICATIONS TO THE TOURIST
• PAYMENTS
• PRICE
• TOURIST’S WITHDRAWAL
• ASSIGNMENT OF CONTRACT – CONTRACT AMENDMENT AT THE TOURIST’S REQUEST
• CANCELLATION OF THE CONTRACT
• LIABILITY REGIME
• COMPLAINTS AND CLAIMS
• LIMITS TO COMPENSATION FOR DAMAGES
• LEGAL ACTIONS
• ASSISTANCE
• OBLIGATIONS OF TOURISTS
• INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
• HOTEL CLASSIFICATION
• DISPUTE RESOLUTION
• APPLICABLE LAW AND JURISDICTION
• LIABILITY OF THE INTERMEDIARY

Contracts whose object is the offer of transport services only, accommodation only, or any other individual tourist service, which cannot be classified as the organization or sale of a package tour or linked travel service pursuant to Legislative Decree no. 79/2011 (Tourism Code), are governed by Law no. 1084/1977 ratifying and implementing the International Convention relating to Travel Contracts (CCV) signed in Brussels on 23.04.1970 (and in particular by the following articles: art. 1, nos. 3 and 6; arts. 17 to 23; arts. 24 to 31, limited to the parts of such provisions not referring to the organization contract), as well as by other agreements specifically relating to the sale of the individual service covered by the contract and by the provisions of the Consumer Code pursuant to Legislative Decree no. 206 of 6 September 2005.

For the purposes of this contract and pursuant to Article 1 of the International Convention relating to Travel Contracts (CCV) signed in Brussels on 23.04.1970, the following definitions shall apply:

• travel contract
  means both an organized travel contract and a travel intermediary contract;
• travel intermediary contract
  means any contract whereby a person undertakes, in return for a price, to procure for another person either an organized travel contract or one of the individual services enabling a trip or stay of any kind;
• travel intermediary
  means any person who habitually undertakes the obligations arising from a “travel intermediary contract”, whether or not as a principal activity and whether or not on a professional basis;
• traveler
  means any person who benefits from the performance of a “travel intermediary contract”, whether the contract is concluded or the price is paid by them or on their behalf.

The organizer provides, in the catalogue or in the out-of-catalogue program – even if made available electronically or online – a technical data sheet containing technical information relating to the legal obligations to which the Tour Operator is subject, including by way of example:

• details of the administrative authorization or S.C.I.A. of the organizer;
• details of traveler guarantees pursuant to art. 47 of the Tourism Code;
• details of the civil liability insurance policy;
• the validity period of the catalogue – whether paper or electronic – or of the out-of-catalogue program;
• parameters and criteria for price adjustment (Art. 39 of the Tourism Code).

At the time of contract conclusion, the organizer or seller shall inform passengers of the identity of the carrier(s), without prejudice to the provisions of art. 11 of Regulation (EC) No. 2111/2005 and of their possible inclusion in the so-called “black list” provided for by said Regulation.

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 tourist, who shall receive a copy thereof, including by electronic means.

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

Before departure, the tourist shall be provided with information relating to the tourist package not contained in the contractual documents, brochures or other written means of communication.

Prices per person are based on a minimum of two full-paying persons and depend on the number of travelers, the duration of the trip, any discounts applied to travelers, 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 the purposes of this contract, all communications shall be sent to the customer at the email address provided at the time of booking. Such communications shall be deemed known by the customer if regularly sent to the aforementioned email address.

Payments must be made in accordance with the methods set out below.

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

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

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

Bank Transfer
If available for the type of service or package, the customer may select 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 booking, no later than 4:00 p.m. on the day following the booking date. The transfer receipt must include either the CRO code or the SEPA transaction identification code. If the booking is made on a Friday, Saturday or Sunday, the deadline for sending the receipt is extended to the following Monday by 4:00 p.m. If the booking is made on a public holiday, the deadline is extended to the first following working day by 4:00 p.m. If the procedure is correctly completed, the customer will receive the travel documents by email (exceptions apply to flight, train, ferry, coach products included and, in general, services subject to different regulations).

Installment Payment
If the booking is made at least 50 days prior to the start date of the holiday and if the total amount of the stay exceeds €500.00, the customer may choose to pay in two installments, namely “deposit” and “balance”:
- the deposit equals 25% of the total holiday price plus the cost of any optional cancellation and/or medical and/or baggage insurance. The deposit may be paid using the methods and within the time limits described above. This amount is paid as a deposit, however the effects of art. 1385 of the Italian Civil Code shall not apply if the withdrawal depends on a supervening event not attributable to the withdrawing party or is justified by serious breach by the other party;
- the balance equals the remaining 75% of the holiday price and must be paid using the methods and within the time limits described above, no later than 31 calendar days prior to the start date of the holiday.
If the procedure is correctly completed, the customer will receive the “voucher” document by email summarizing the booked services (any additional travel documents will be sent later by email as soon as they become available).

Failure to comply with the above payment and communication methods shall prevent acceptance of the booking proposal by Italy Will s.r.l. and, in the case of installment payments, shall result in cancellation of the booking and the effects set forth in the following paragraph.

The booking form or any other written communication shall indicate:

• in the case of installment payment, the amount not exceeding 25% of the total price of the tourist service, to be paid at the time of booking or upon binding request; such amount is paid as a deposit, however the effects of art. 1385 of the Italian Civil Code shall not apply if withdrawal depends on a supervening event not attributable to the withdrawing party or is justified by serious breach by the other party;
• in the case of installment payment, the date by which the balance must be paid prior to departure;
• in the case of single payment, the date by which the full price must be paid prior to departure.

The price of the tourist service is determined with reference to what is indicated in the catalogue, in the out-of-catalogue program, on the website, and to any subsequent updates to such catalogues or out-of-catalogue programs.

It is expressly understood that any promotions and discount codes shall be valid and usable solely and exclusively for their respective period of validity, as specifically indicated, and may not be used for purchases made prior to the effective date of the promotion or discount code, any retroactive effect of such promotions or discount codes being expressly excluded.

Should the tourist withdraw from the contract prior to departure, the following amounts shall be charged – irrespective of the payment of the deposit referred to in the preceding paragraph –: the full cost of the transport service, the individual administrative handling fee, any consideration for insurance coverage already requested at the time of contract conclusion or for other services already rendered, as well as a penalty in the amount indicated below:

• 25% of the price (net of the above-mentioned costs) in the event of withdrawal communicated within 31 days prior to departure;
• 80% of the price (net of the above-mentioned costs) in the event of withdrawal communicated within 16 days prior to departure;
• 100% of the price in the event of withdrawal communicated within 15 days prior to departure.

If the tourist has already paid the balance of the price, such amount shall be applied toward the penalty in the corresponding amount.

Any different conditions communicated in relation to individual tourist services covered by the contract shall remain unaffected.

In the case of pre-constituted groups, such amounts shall be agreed upon from time to time at the time of contract execution.

The withdrawing tourist may be replaced by a third party provided that:

• the assignee meets all the conditions required to enjoy the service;
• the assignor notifies the organizer or intermediary in writing, no later than seven working days prior to departure, of their inability to use the tourist package and provides the personal details of the assignee.

The assignor and the assignee shall be jointly and severally liable for payment of the balance of the price, as well as for any additional costs arising from the assignment, such as – by way of example – booking change fees, changes to the names of travel participants, and airline ticket reissuance fees. Such costs shall be quantified at the time the assignment request is made.

Any requests made by the tourist relating to changes in the flight departure date, arrival date at the accommodation facility, or an increase in the number of tourists per room shall not be binding in any way or for any reason on Italy Will s.r.l. Should such a variation request be accepted, the related cost shall be charged to the tourist and quantified at the time the booking modification request is made.

The organizer may, without compensation, cancel the contract, in whole or in part, if before or during the performance of the contract exceptional circumstances arise that the organizer could not have known at the time the contract was concluded and which, had they been known at that time, would have provided valid reasons not to enter into the contract.

The tour organizer may also cancel the contract without compensation when the minimum number of travelers specified in the travel document has not been reached, provided that the traveler is informed of this circumstance at least 15 days before the date on which the trip or stay was due to begin.

In the event of cancellation of the contract before its execution, the organizer must fully refund any payments received from the traveler. In the event of cancellation of the contract during its execution, the organizer must take all necessary measures in the interest of the traveler; furthermore, the parties are required to compensate each other fairly.

In fulfilling the obligations arising from their respective contracts, the organizer and the intermediary protect the rights and interests of tourists in accordance with the general principles of law and the applicable best practices.

The organizer is liable for damages suffered by the tourist as a result of total or partial non-performance of the contractually agreed services, unless such non-performance is caused by the act of the tourist (including initiatives independently undertaken by the tourist during the performance of the tourist services), or by the act of a third party that is unforeseeable or unavoidable, by circumstances unrelated to the provision of the services stipulated in the contract, by unforeseeable events, by force majeure, or by circumstances that the organizer could not reasonably foresee or remedy with professional diligence.

The traveler is liable for damage caused by his or her own fault to the organizer or the intermediary due to failure to comply with the obligations incumbent upon him or her under the International Convention relating to Travel Contracts (CCV) signed in Brussels on 23.04.1970, or under the contracts governed thereby, with fault being assessed by considering the normal behavior of a traveler.

Any lack in the performance of the contract must be reported by the tourist during the enjoyment of the service by promptly submitting a complaint, so that the organizer, its local representative, or the tour leader may promptly remedy the issue.

The tourist may also lodge a complaint by sending a registered letter or other means that provide proof of receipt to the organizer or the intermediary within 10 working days from the date of return to the place of departure.

Failure to submit a complaint may be assessed for the purposes of Article 1227 of the Italian Civil Code.

The compensation payable by the organizer for personal injury damages shall in no case exceed the limits provided for by the international conventions to which Italy and the European Union are parties, with reference to the services whose non-performance gave rise to the liability.

Actions arising from a travel contract governed by this Convention, based on death, injury or any other damage to the physical or psychological integrity of a traveler, shall be time-barred within two years from the date indicated in the contract as the end date of the service giving rise to the dispute. In any event, in the case of injury or other damage to physical or psychological integrity resulting in the traveler’s death after the date indicated as the end of the service giving rise to the dispute, the limitation period shall commence from the date of death, without however exceeding three years from the date scheduled for the end of such service.

Actions arising from a travel contract governed by this Convention, other than those mentioned in the preceding point, shall be time-barred within one year; such period shall commence from the date indicated in the contract as the end of the service giving rise to the dispute.

The organizer is required to provide the traveler with assistance measures demanded by professional diligence, solely with reference to the obligations incumbent upon it by law or contract.

The organizer and the intermediary shall be released from their respective liabilities where failure or improper performance of the contract is attributable to the traveler or is due to the act of a third party that is unforeseeable or unavoidable, or is caused by force majeure.

During negotiations and, in any case, before concluding the contract, Italian citizens shall be provided in writing with general information concerning health obligations and the documentation required for travel abroad.

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

In any case, before departure, tourists shall verify updates with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115), and comply accordingly before traveling.

Failure to carry out such verification shall not incur any liability on the organizer or intermediary for the failure of one or more tourists to depart.

Tourists must inform the organizer or intermediary of their nationality and, at the time of departure, ensure they have valid vaccination certificates, individual passports, and any other documents required for all countries on the itinerary, as well as residence, transit visas, and any required health certificates.

Furthermore, in order to assess the health and safety situation of destination countries and thus the objective usability of purchased or to-be-purchased services, tourists shall obtain official general information from the Ministry of Foreign Affairs, which explicitly indicates whether destinations are subject to formal travel warnings.

Tourists must also observe rules of ordinary prudence and diligence, specific regulations in force in destination countries, all information provided by the organizer or intermediary, as well as administrative or legislative provisions related to the tourist service.

Tourists shall be liable for any damages suffered by the organizer or intermediary due to non-compliance with the above obligations, including repatriation expenses.

Tourists must provide the organizer or intermediary with all documents, information, and elements in their possession useful for exercising subrogation rights, and are responsible for any prejudice caused to such rights.

Tourists shall also communicate in writing to the organizer or intermediary, at the time of booking, any specific personal requests that may form the subject of specific agreements regarding the travel arrangements, provided implementation is feasible.

Tourists are always required to inform the organizer or intermediary of any special needs or conditions (e.g., pregnancy, food intolerances, disabilities) and explicitly specify requests for related personalized services.

If not expressly included in the price, it is possible at the time of booking to take out special insurance policies against expenses arising from cancellation of the travel package and repatriation.

Details regarding insurance premiums and general policy conditions are provided on the website or in the catalog.

The official classification of hotel facilities is provided on the website, in the catalog, or in other informational material solely based on the explicit and formal indications of the competent authorities of the country in which the service is provided.

In the absence of official classifications recognized by the competent authorities of the countries, including EU member countries to which the service refers, the organizer reserves the right to provide its own description of the accommodation facility, allowing the traveler to assess and consequently accept it.

The traveler has the option to resort to voluntary or bilateral negotiation procedures or to the conciliation procedure before arbitration or conciliation commissions for resolving disputes between companies and consumers and users concerning the provision of tourist services, established under Article 2, paragraph 4, letter a) of Law no. 580/1993.

In the conciliation procedure, tourists may make use of consumer associations. This conciliation procedure is governed by Articles 140 and 141 of the Consumer Code.

These General Terms and Conditions are governed by Italian law, except as provided by mandatory rules for the protection of the traveler and consumer.

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

In the event that Italy Will s.r.l. acts as an “intermediary,” the conditions set by the organizer shall apply.

The travel intermediary is responsible for any non-compliance committed in fulfilling its obligations, with non-compliance assessed according to the duties of a diligent travel intermediary.

The travel intermediary is not liable for total or partial non-performance of trips, stays, or other services covered by the contract.

Italian law punishes with imprisonment offenses related to child prostitution and pornography, even if committed abroad.

Rev-25.0301 of 01/03/2025