Terms and conditions
CONTENTS OF THE TOURIST PACKAGE SALES CONTRACT
In addition to the general conditions outlined hereafter, the description of the tourist package included in the quotation constitutes an integral part of the travel contract, as well as the confirmation of the reservation of the services requested by the traveler.
The confirmation of the reservation is forwarded by the tour operator to the traveler or to the travel agency as agent of the traveler and the latter shall have the right to receive it from said agent.
By signing the sales proposal for the tourist package, the traveler must keep in mind that the signing implies having read and accepted the travel contract as regulated therein, as well as the precautions set out therein and the general conditions, on its own behalf and on behalf of the persons for whom the all-inclusive services are requested.
Prior to concluding the contract, the organizer and broker shall inform third parties about the details of the insurance policy that covers risks deriving from professional liability, as well as provide details of other optional policies on travelers’ protection that provide coverage for events that may affect the performance or execution of the holiday, such as cancelling the trip or cover medical expenses, early return, loss or damaged luggage, as well as the details for insurance against risk of insolvency or bankruptcy of the organizer and broker, each as far as their competence, for purposes of returning the sums paid or have the traveler return to the place of departure if the tourist package includes transport services.
In compliance with article 18, paragraph VI of the Code of Tourism, using the word “travel agency”, “tourist agency”, “tour operator”, “travel broker" in the company name or business name or using any other similar word or expression in a foreign language is allowed only for companies certified as per section one.
a) professional: any natural or legal person, public or private, who acts on his or her own behalf, or through another person, within the scope of his or her commercial, industrial, artisanal or professional activities in organized tourist contracts, as organizer, seller or professional who provides tourist services or as provider of tourist services pursuant to the provisions of the Code of Tourism.
b) organizer: a professional who arranges packages and sells them or offers them for sale, directly or through another professional or jointly, or a professional who transfers data of the traveler to another professional
c) seller: a professional other than the organizer who sells or offers for sale packages arranged by an organizer.
d) traveler: any person who intends to conclude a contract or draw-up a contract or who is authorized to travel based on a concluded contract, within the scope of the law on organized tourism contracts.
e) establishment: refers to the establishment as defined in article 8, letter (e) of Legislative Decree 59 of 26 March 2010;
f) durable medium: any instrument that allows the traveler or professional to preserve the information personally addressed to him for a proper period of time, in order to access them in the future for the purposes for which they are intended, and that can allow the identical reproduction of the stored data;
g) unavoidable and extraordinary circumstances: a situation beyond the control of the party who invokes said situation and whose consequences would not be avoided even if all the reasonable measures are adopted;
h) conformity defect: a breach due to non-performance of the tourist services included in the package.
i) point of sale: any movable or immovable place intended for retail sale or online retail sale or similar online sales instrument, even in case in which retail sale websites or online sales instruments are presented to travelers as a single instrument, included in the telephone service;
l) repatriation: when a traveler returns to the place of departure or other place agreed by the contracting parties.
A combination of at least two different types of tourist services, such as:
1. transport of passengers;
2. accommodation that does not constitute an integral part of the passenger transportation and is not intended for residential purposes or for long-term language courses;
3. rental of cars, other vehicles or motorcycles and that require a class A driver's license;
4. any other tourist service that does not constitute an integral part of one of the tourist services outlined in numbers (1), (2) or (3) and that is not a financial or insurance service for purposes of the travel or holiday, if at least one of the following conditions applies: 1) said services are arranged by a single professional, upon the traveler’s request or in accordance with his/her selection, before a single contract is concluded for all services;
2) said services, even if concluded with separate contracts with individual suppliers, are:
2.1) purchased from a single point of sale and selected before the traveler approves payment;
2.2) offered, sold or billed at a lump-sum or inclusive price;
2.3) advertised or sold under the name of “package” or similar name;
2.4) arranged after the conclusion of a contract with which the professional consents the traveler to choose from different types of tourist services or services purchased from different professionals through online booking processes. In this case, the name of the traveler, payment details and email address are transferred by the professional with whom a first contract is concluded to one or more professional and the contract with the latter is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service.
2. The traveler has the right to receive a paper copy if the tourist package sales contract is drawn-up with the parties involved physically present.
3. As for contracts negotiated outside business premises, as defined in article 45, paragraph 1, letter (h) of Legislative Decree 206 of 6 September 2005, a copy or confirmation of the tourist package sales contract is provided to the traveler on paper or on another durable medium if the traveler consents.
4. The contract constitutes a valid document that can be used to request the guarantee fund envisaged in section 21.
a) departure and return times, intermediate stopping area and connections. If the exact times are not yet established, the organizer and, if applicable, the seller, shall inform the traveler of the approximate departure and return time;
b) information on the identity of the operating air carrier, if not known at the time of booking, pursuant to article EC Regulation 2111/05 (Article 11, paragraph 2 EC Regulation 2111/05: “If the identity of the actual air carrier or the actual air carriers is not yet known at the time of booking, the air transport contractor shall ensure that the passenger is informed of the name of the air carrier or air carriers that will operate as effective air carriers for the flight or involved flights. In this case, the air transport contractor will ensure that the passenger is informed of the identity of the actual carrier or air carriers as soon as their identity is established, as well as their possible operating ban in the European Union”.
c) location, main features and, where applicable, the tourist category of the accommodation, pursuant to the regulations of the country of destination;
d) meals provided, included or not;
e) tours, excursions and other services included in the total price agreed for the package;
f) the tourist services provided to the traveler;
g) the language in which the services are provided;
h) whether the trip or vacation are suitable for individuals with restricted mobility and, upon request of the traveler, precise information on the suitability of the trip or vacation considering the specific needs of the traveler. Special requests on the distribution and execution methods of certain services that are included in the tourist package, including the need of airport support for individuals with restricted mobility or special meals onboard and in the stay area, must be made during the booking request and are subject to specific agreement between the traveler and the organizer and, if applicable, through the travel agency.
i) the total price of the package inclusive of taxes and all fees and other additional costs, including any administrative expenses and management expenses for paperwork or, if they cannot be reasonably calculated prior to concluding the contract, an indication of the type of additional costs that the traveler may have to pay;
j) the methods of payment, including any sum or percentage of the price to be paid as advance payment and the due date to pay the balance or the financial guarantees that the traveler must pay or provide;
k) the minimum number of persons required for the package and the term envisaged in section 41, paragraph 5, letter (a) prior to starting the package for a possible termination of the contract in case the minimum number is not reached;
l) general information regarding conditions on passports or visas, including the approximate times to obtain visas and health formalities required by the country of destination;
m) information on the traveler’s right to withdraw from the contract at any time prior to starting the package upon payment of the appropriate withdrawal fees or, if required, standard withdrawal expenses requested by the organizer pursuant to article 41, paragraph 1 of Legislative Decree 79/2011 and specified in section 10, paragraph 3;
n) information on the optional conclusion of an insurance policy to cover for expenses on unilateral withdrawal from the contract by the traveler or assistance expenses, including repatriation, possible accidents, diseases or death;
o) details on the insurance coverage envisaged in article 47, paragraphs 1, 2 and 3 of Legislative Decree 79/2011.
p) For contracts negotiated outside the business premises, the traveler has the right to withdraw from the tourist package sales contract within a period of five days as of the conclusion date of the contract or as of the date in which the traveler receives the contractual conditions and preliminary information without incurring any penalties and without having to provide any reason. In case of contracts with rates considerably decreased in comparison to current offers, the right of withdrawal is excluded. In this last case, the organizer shall document the change in price, thereby highlighting the exclusion of the withdrawal right.
2. Technical Data Sheet
a) Administrative Authorization no. 925 of 27/03/2001, issued by the Province of Padua.
b) Insurance Policies signed with the insurance company Allianz Spa: Third Party Liability of the Travel Organizer, policy no. 66312636, Catastrophic Events.
c) TRAVELLERS GUARANTEE: “ASTOI FUND FOR THE PROTECTION OF TRAVELLERS (Association of Italian Tour Operators)”, with head office located in Viale Pasteur no. 10, 00144 – Rome, Tax ID 97896580582 Register of Juridical Persons of Rome no. 1162/2016
d) Reference exchange rate: Euro 1 = USD 1.16 (for the USA website only)
e) The cost of fuel is subject to changes that may alter the contract price. Said changes are calculated based on each passenger and result from the application of the calculation criteria adopted by the carrier that provides the services.
f) Additional country-specific information for US citizens can be found on the US Government’s website www.travel.state.gov. Here, you can find the most up-to-date information about destination descriptions, passports/visas, safety and security, transportation, travel local laws, alerts/warnings, vaccinations, and more. For citizens of other nations, we recommend you consult your local consulate for travel information, regulations, and requirements.
a) A deposit of 25% of the total amount + any non-refundable services (such as flights, entrances, hotels and activities outlined in the quotation as non-refundable)
b) The remaining balance of 75% must be paid 30 days before the departure date
2. For bookings made at a later date than the one indicated as the deadline for the payment, the entire amount must be paid upon the signing of the purchase proposal.
3. If the Organizer fails to receive the sums specified above at the agreed dates or if the Tour Operator does not receive the sums paid by the Traveler to the broker, this will result in the automatic termination of the contract, to be notified by reasonable written notice by fax or by email, addressed to the broker agency or the address (even electronic address) where available, of the traveler, notwithstanding any warranties envisaged in article 47 of Legislative Decree 79/2011 that can be exercised by the traveler. The balance of the price is considered as paid when the sums are received by the organizer directly from the traveler or through the broker chosen by the traveler.
It may vary, increase or decrease, only due to the following changes in:
- cost of transportation, including cost of fuel;
- duties and taxes concerning air transportation, landing fees, landing and boarding in ports and airports;
- exchange rates applied to the package under discussion.
In any case, the price cannot be increased in the 20 days before the departure and a revision may not exceed 8% of the price with respect to its original amount.
If the price decreases, the organizer has the right to deduct the administrative expenses. as well as management expenses for paperwork from the actual reimbursement due to the traveler, for which supporting documentation must be provided upon request of the traveler.
The price consists of:
a) the participation share: indicated in the quotation for the package provided to the broker or to the traveler;
b) costs for any insurance policies;
c) costs for any visas, entry or exit taxes from the country of destination of the vacation.
d) airport and harbor taxes
2. If before the departure, the organizer needs to make significant changes to one or more main features of the tourist services envisaged in section 34, paragraph 1, letter (a) or is unable to meet the specific requests made by the traveler that have been already accepted by the Organizer, or proposes an increase in the price of the package by more than 8%, the traveler may accept the proposed changes or withdraw from the contract without incurring any withdrawal expenses.
3. If the traveler fails to accept the change proposal envisaged in section 2 and exercises the withdrawal right, the organizer may offer the traveler a substitute package with the same or higher quality.
4. The organizer shall inform the traveler by email without unjustified delay and in a clear and precise manner, indicating the proposed changes envisaged in paragraph 2 and their effect on the price of the package pursuant to paragraph 6.
5. The traveler shall inform the organizer or broker of his/her own decision within two business days from the time in which the traveler receives the notice envisaged in paragraph 1.
Failure to provide a notice within the above term will result in the proposal made by the organizer to be accepted.
6. If the changes in the tourist package sales contract or substitute package envisaged in paragraph 2 entail a package with a lower quality or cost, the traveler shall have the right to a proper reduction in the price.
7. In case of withdrawal from the tourist package sales contract pursuant to section 2 and in case the traveler does not accept a substitute package, the organizer shall make a reimbursement without unjustified delay and in any case within 14 days after the withdrawal from the contract, repaying all payments made from or on behalf of the traveler and have the right to be indemnified for failing to execute the contract, except in the following cases:
a. No compensation can result from a cancellation of the tourist package when the package is cancelled because the minimum number of required participants has not been reached;
b. No compensation can result from a cancellation of the tourist package if the organizer proves that the conformity defect is attributed to a force majeure event or fortuitous event.
c. Likewise, no compensation can result from a cancellation of the package if the organizer proves that the conformity defect is attributed to the traveler or a third party not involved in the provision of tourist services included in the tourist package contract and is unforeseeable or unavoidable.
8. For cancellations other than those envisaged in section 7, letters (a), (b) and (c), the organizer who cancels shall refund the traveler a sum equals to twice the amount paid and actually cashed by the organizer through the travel agent.
9. If the traveler cancels the package, the sum subject to refund shall never exceed twice the sums which the traveler would owe as of the same date pursuant to section 10, paragraph 3.
- increase in price exceeding 8%;
- major changes of one or more parts of the contract that are objectively alleged as fundamental for purposes of using the tourist package overall considered. Such changes shall be proposed by the organizer after the conclusion of the contract but before the departure and not accepted by the traveler;
- inability to meet the specific requests made by the traveler that have already been accepted by the Organizer.
In the above cases, the traveler may:
- accept the alternative proposal made by the organizer, if applicable;
- request the reimbursement of the sums already paid. Said reimbursement shall be made pursuant to law as envisaged in the previous section.
2. In case of unavoidable or extraordinary events occurring at the place of destination or in the immediate vicinity which have a significant effect on the execution of the package or on the transportation of passengers to their destination, the traveler shall be entitled to withdraw from the contract, before the start of the package, without having to pay for any withdrawal expenses and receive full refund of the payments made for the package. However, the traveler shall not be entitled to receive any additional compensation.
3. Cancellation policy
For cancellation up to 30 days before departure, the traveler incurs a penalty of 25% (equals to the non-refundable deposit paid upon confirmation) + any non-refundable services
For cancellation from 29 to 15 days before departure, the traveler incurs a penalty of 50% + any non-refundable services
No reimbursement for cancellation requests received 14 days before departure
No reimbursement in case of no show
No reimbursement for unused services
4. The organizer may withdraw from the tourist package and offer the traveler full reimbursement of the payments made for the package, but does not have to pay additional compensation if:
the number of persons registered to the package is less than the minimum set out in the contract and the organizer notifies the traveler of the withdrawal within the terms set out in the contract and in any case by no later than twenty days before the start of the package for trips that last more than six days, seven days before the start of the package for trips that last between two to six days and forty hours before the start of the package for trips that last less than two days;
- The organizer is unable to execute the contract due to extraordinary and unavoidable circumstances and notifies the withdrawal from the contract to the traveler without unjustified delay before the start of the package.
5. The organizer shall make all the reimbursements envisaged in section 2 and 6 without unjustified delay and in any case within 14 days after the withdrawal. In the above cases, the related contracts drawn-up with third parties are terminated.
6. In case of contracts negotiated outside the business premises, the traveler has the right to withdraw from the tourist package sales contract within a period of five days as of the conclusion date of the contract or as of the date in which the traveler receives the contractual conditions and preliminary information without incurring any penalties and without having to provide any reason. In case of contracts with rates considerably lower when compared to current offers, the right of withdrawal is excluded. In this last case, the organizer shall document the change in price, thereby highlighting the exclusion of the withdrawal right.
2. In compliance with obligations of correctness and good faith envisaged in articles 1175 and 1375 of the Italian Civil Code, the traveler shall inform the organizer, directly or through the seller in due course, having considered the circumstances of the case, of any defects in conformity encountered during the execution of the tourist services set out in the tourist package sales contract.
3. If any of the tourist services is not performed according to what is agreed in the tourist package sales contract, the organizer shall remedy the conformity defect, unless it is impossible to do so or is excessively burdensome when considering the severity of the conformity defect and the value of the tourist services affected by the defect. If the organizer fails to remedy the defect, the traveler shall have the right to reduce the price, as well as claim compensation for damages that are suffered as a result of the conformity defect, unless the organizer proves that the conformity defect is attributed to the traveler or to a third party not involved in the provision of tourist services or due to an unforeseeable and unavoidable circumstance or any other extraordinary, unavoidable circumstances.
4. Notwithstanding the above exceptions, if the organizer fails to remedy the conformity defect within a period reasonably established by the traveler with a complaint made pursuant to section 2, the latter may remedy the defect personally and request reimbursement of the necessary expenses that are reasonable and documented accordingly. If the organizer refuses to remedy the conformity defect or if immediate action is necessary, the traveler does not have to specify a term.
If a conformity defect constitutes a major breach in relation to the duration and characteristics of the package and the organizer fails to remedy the breach after a due complaint is made by the traveler, ,the traveler may then terminate the contract immediately or demand a reduction of the price, if it is the case, notwithstanding any claims for compensation of damages.
If after departure, the Organizer is unable to render an essential part of the services set out in the contract due to any reason, unless decided by the traveler, the Organizer must implement the appropriate alternative solutions to continue the scheduled trip without additional costs of any sort to be incurred by the traveler or otherwise reimburse the latter for the difference between the services originally planned and those actually provided.
The traveler may refuse the alternative solutions that are offered only if they are not comparable to what was agreed in the contract or if the reduction of the price granted is inappropriate. If it is impossible to implement any alternative solution, or the solution set out by the organizer is refused by the traveler because is not comparable to what was agreed in the contract or because the granted reduction of the price is inappropriate, the organizer shall provide means of transportation similar to the one planned originally to return to the departure place or different place possibly agreed without any additional costs and in accordance with the available means of transportation and seats and furthermore a refund shall be paid for the difference between the cost of the services planned and costs of the actual services provided up until the early return.
2. The assignor and the assignee of the tourist package sales contract are jointly and severally liable for the balance payment and any fees, taxes or other additional costs, including any administrative and file management fees deriving from the assignment of the contract.
3. The organizer shall inform the assignor of the actual costs for the assignment, which will not exceed the expenses actually borne by the organizer as a result of the assignment of the tourist package sales contract and provide the assignor proof regarding the entitlements, taxes and other additional costs resulting from the assignment of the contract. If the travel contract includes air transport for which a discounted rate or non-refundable ticket is granted, the assignment could require the issue of a new airline ticket with the rate available at the time of the assignment.
2. Regulations on the expatriation of minors shall be expressly referred to provisions set out by competent authorities of the country of residence. It must be noted that minors must have a valid personal document to travel abroad.
3. Foreign citizens must get the corresponding information through their diplomatic representatives in Italy or the respective official government information channels.
In any case, before departing, travelers should check for any updates with competent authorities and make the necessary arrangements before the trip. Without doing so, no liability due to missed departure of one or more travelers may be attributed to the broker or organizer.
4. Travelers must in any case inform the broker and organizer of their own citizenship when making the booking request for the tourist package or tourist service and they must make sure to have the vaccination certificates, individual passport and any other document valid for all countries covered by the itinerary before departing, as well as stay visas, transit visas and health certificates that may be requested.
5. Moreover, to evaluate the safety, social, political and health situation and other useful information concerning the countries of destination and hence, the objective usability of the purchased services or services to be purchased, the traveler shall have the burden to acquire general official information from the Ministry of Foreign Affairs, disseminated through the institutional website of Farnesina www.viaggiaresicuri.it.
The above information is not included in the catalogues of the Tour Operator - online or through paper copies - as they include general descriptive information as envisaged in article 34 of the Code of Tourism and not information that is subject to change over time. Therefore, they must be acquired by the travelers accordingly.
6. If on the booking date, the chosen destination is an area subject to “warning” for safety reasons based on institutional information channels, travelers who subsequently should exercise a withdrawal right, may not nullify the contractual cause associated with the safety conditions of the country for purposes of exempting from the reduction of the compensation claim for withdrawal.
7. Travelers must also abide by rules of standard prudence and diligence and specific regulations in force in the countries of destination, including all information provided to them by the organizer, as well as rules, administrative or legislative orders regarding the tourist package. Travelers shall be held liable for any damages that the organizer or broker suffers due to a breach of the obligations specified above, including the necessary repatriation expenses.
8. Travelers must provide the organizer all the documents, information and elements in their possession that can be useful to exercise the right of subrogation of the latter with respect to third parties responsible for the damage and responsible towards the organizer for the damages caused to the right of subrogation.
9. Likewise, travelers shall inform the organizer in writing, upon seeing the sales proposal of the tourist package and before receiving the service booking confirmation from the organizer, specifying any special personal requests that may constitute part of specific agreements on the travelling conditions, as long as it is possible to implement and is in any case subject to specific agreement between the travelers and the Organizer (see section 6, paragraph 1, letter (h))
Without official classifications recognized by competent public authorities of EU member countries where the services refer to, or in case of commercialized structures such as "Tourist Villages", the organizer shall reserve the right to include a description of the accommodation facility in a catalogue or a brochure so as to allow for an evaluation and consequent acceptance by the travelers.
The broker where the tourist package was booked shall not be liable for the obligations deriving from the organization and execution of the trip and shall only be liable for the obligations deriving from its broker capacity and for executing the mandate granted by the traveler, as envisaged in article 50 of the Code of Tourism, including warranty obligations pursuant to article 47.
a. The right to reduce the price or claim compensation for damages due to the changes in the tourist package sales contract or substitute package shall expire in two years after the date in which the traveler returns to the place of departure.
b. The right to claim compensation for personal damages expires in three years after the date in which the traveler returns to the place of departure or in the longest period set out by compensation for personal damages by provisions that regulate the services in the package.
2. The organizer may expect payment of a reasonable cost for said assistance whenever the issue is caused intentionally by the traveler or attributed to the latter’s fault and should not exceed the expenses actually borne.
In this case, the organizer shall indicate the type of alternative resolution proposed and the effects that said solution would entail.
The identification details of the legal person who, on behalf of the Organizer, is bound to provide a guarantee are included in the catalogue or website of the Organizer and may likewise be included in the booking confirmation of the services requested by the traveler.
The methods to receive the guarantee and the time to submit an application to receive reimbursement of the sums paid are outlined in the website of “ASTOI Fund for the Protection of Travelers” at www.fondoastoi.it, as legal entity to which Boscolo Tours belongs.
To prevent being disqualified, it is advisable to keep in mind the terms and conditions required for presenting applications. It is understood between the parties that, in case of expiration of the time limit due to inability to present an application and not to inaction by the traveler, will be allowed a remission of said terms and conditions.
The website address of the ASTOI Fund for the Protection of Travelers is outlined in the website, catalogues and documents regarding the purchase contract of the package.
ADDENDUM - GENERAL CCONTRACT CONDITIONS OF INDIVIDUAL TOURIST SERVICES
A seller who undertakes to procure a separate tourist service to third parties, even by electronic means, must provide the traveler the documents regarding said service, showing the amount paid for the service, and may not be in any way considered a travel organizer.
In compliance with article 17 of Law 38/2006, Italian law punishes with imprisonment offences related to prostitution and child pornography, even if they are committed abroad.
For the remaining terms of the contract refer to the "SALE OF TOURIST PACKAGES" above.
Your personal data will be subject to processing by our company in compliance with the above regulation, for the following purposes:
(1) fulfil the contract you concluded (and manage the payment and collection operations);
(2) fulfil obligations of law, regulations, EU standards, (e.g. standards on tax, accounting for billing, bookkeeping and accounting records);
(3) forward documentation regarding your purchase, where necessary, manage post sales activities and deal with any complaints or accident reports;
(4) fulfil obligations and exercise rights arising from the contract concluded with you, directly or through agents, during in court or out-of-court proceedings.
Moreover, to complete and manage your booking and any complaint or accident report, Boscolo Tours may process your personal data pertaining to special personal data categories (5).
Consent and legal basis of data processing: Processing your personal data for the purposes envisaged in section (1), (2), (3) and (4) does not require your consent pursuant to article 1, letter (b), (c) and (f) of the GDPR. Concerning the processing of your personal data that is part of special categories of personal data as outlined in section (5), the legal basis of said processing will be your consent (pursuant to article 9, paragraph 2, letter (a) of the GDPR.
If you do not intend to grant your consent, you may in any case complete your purchase. Keep in mind that your consent may be withdrawn at any time.
The complete text of the privacy statement for agencies and customers can be viewed at www.boscolo.com/us/tours.