GENERAL TERMS AND CONDITIONS OF SALE OF TOURIST PACKAGES
PREMISES - The agency ON THE ROAD TRAVEL acts both as a seller, as far as the sale of tourist packages and individual services organized by third parties are concerned, and as an organizer as far as the tailor-made trips elaborated on the specific request of the traveller are concerned.
1 - LEGISLATIVE SOURCES - The sale of packages and tourist services is governed by Law No. 1084 of 27/12/1977 (ratification and execution of the International Convention on the Travel Contract (CCV) in Brussels on 23/04/1970, by Legislative Decree no. 206/2005, by Legislative Decree 79/2011 (Tourism Code) and by Legislative Decree 62/2018.
2 - AUTHORIZATIONS - The agency ON THE ROAD TRAVEL is authorized to carry out the sales activities and organization of packages and tourist services in accordance with current regulations.
3 - DEFINITIONS - For the purposes of this contract is intended as:
"organizer": a trader who combines packages and sells them / offers them for sale directly / through / together with another trader, or who transmits the traveller's data to another trader in accordance with point c), number 2.4), Art. 33 of the Tourism Code;
"traveller" means any person who intends to enter into a contract, concludes a contract or is entitled to travel on the basis of a contract concluded within the scope of the Tourism Code, Title VI, Chapter I.
"tourist package" means a combination of at least two different types of tourist services for the purposes of the same trip or holiday, if at least one of the following conditions is met: (1) these services are combined by a single trader, even at the request of the traveller or according to one of the traveller's selections, before a single contract for all services is concluded; (2) these services, even if they are concluded under separate contracts with individual tourist service providers, are: 2.1) purchased at a single point of sale and selected before the traveller agrees to payment; 2.2) offered, sold or invoiced at a fixed or inclusive price; 2.3) advertised or sold under the name 'package' or similar name; 2.4) combined after the conclusion of a contract whereby the trader allows the traveller to choose between a selection of different types of tourist services, or purchased from separate traders through linked electronic booking processes where the name of the traveller, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more traders and the contract with the latter is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service (art. 33, paragraph 1, point C) Legislative Decree 62/2018).
"related travel services": at least two different types of travel services purchased for the purpose of the same trip or the same holiday, not constituting a package, and involving the conclusion of separate contracts with individual travel service providers, if a trader facilitates, alternatively: 1) on the occasion of a single visit or a single contact with his point of sale, the separate selection and payment of each travel service separately by travellers; 2) the targeted purchase of at least one additional travel service from another trader when such purchase is concluded within 24 hours of confirmation of the booking of the first travel service (art. 24 paragraph 1, point C) Legislative Decree 62/2018).
4 - MANDATORY INFORMATION - TECHNICAL SHEET - The organiser prepares a technical sheet (available in the catalogue or on the website) whose elements are: 4.1) Reference to the administrative authorisation; 4.2) reference to the insurance policy for civil liability in favour of the traveller; 4.3) reference to the insurance policy or the Guarantee Fund in favour of the traveller in accordance with art. 47 no. 2-3 "Tourism Code". For "tailor-made trips" organized by ON THE ROAD TRAVEL with specific requests of the customer, the organizer will provide the traveller with the exchange rates adopted at the time of stipulation of the contract, the cost of transport including the cost of fuel, duties and fees for landing, disembarkation or embarkation in ports and airports, local taxes.
5 - RESERVATIONS - The booking request must be drawn up on an appropriate contractual form, including an electronic one, filled out in full and signed by the customer, who shall receive a copy. The acceptance of the booking will be considered completed only when the organizer sends confirmation, even by electronic system, to the customer at the seller or at the customer's address.
6 - PAYMENTS - In case of sale of packages and related travel services of third parties.
At the time of booking the deposit must be paid to the extent required by the organizer, in addition to the registration fees and ancillary costs provided. The balance must always be paid 30 days before departure. In case the reservation is made within 30 days before departure, the traveller will be obliged to pay the full amount at the time of signing the contract.
Failure to pay the above amounts on the agreed dates authorises the intermediary travel agency to cancel the reservation immediately with the organiser due to the act and fault of the defaulting traveller. In any case, the traveller will be liable for all the amounts provided for by the organizer as a penalty accrued up to the time of cancellation.
In the case of "tailor-made" packages with specific requests from the customer and related travel services.
At the time of booking, the full amount of air, sea or other transport costs, both outward and return, as well as boarding and disembarkation fees at airports, ports or other places designated for the departure and arrival of the means of transport chosen by the customer, must be paid. In addition, at the time of booking, a deposit equal to 25% of the total cost of hotel services and any other service necessary for the fulfilment of the mandate, in addition to the registration fees and ancillary costs, must be paid.
A second deposit of an additional 25% must be paid 60 days before departure.
The total balance of the remaining amount must be paid 30 days before departure.
If the reservation is made in the period between 60 and 30 days prior to departure, the deposit to be paid will be 50% of the total cost of hotel services and any other services necessary for the fulfillment of the mandate, in addition to the cost of transport.
In the case of reservations made after the 30th day before departure, the traveller will be required to pay the full amount at the time of signing the contract.
Failure to pay the above amounts on the agreed dates constitutes an express termination clause that will determine, by the agency ON THE ROAD TRAVEL, in its capacity as organizer, the legal termination of the contract, without prejudice to compensation for further damages suffered.
7 - PRICE - The price of the package and/or services is determined in the contract, with reference to what is stated in the catalog or program out of the catalog, and may be increased or decreased up to 20 days prior to departure as a result of changes: 7.1) transport costs, including fuel costs; 7.2) landing, boarding and disembarkation fees at ports and airports, local taxes; 7.3) exchange rates.
For variations, reference shall be made to the exchange rates and costs referred to above in force on the date of publication of the programme.
8 – WITHDRAWAL OF THE TRAVELLERTHE ORGANIZER - The traveller may terminate the travel package contract, without paying penalties, in the following cases: A) increase in the price referred to in art. 6 above in excess of 8% of the total price of the package; B) significant change in one or more of the main features of travel services as listed in art. 34 paragraph 1 point a) "Tourism Code"; C) inability of the organizer to meet the specific requests of the traveller already previously accepted. In the event of termination, the organizer shall repay to the traveller the sums received within 14 days.
Alternatively, the organiser may offer the traveller a substitute package of equal or higher quality, or even lower, with the traveller entitled to an appropriate price reduction.
The organiser shall inform the traveller of the proposed changes, their impact on the price, the period within which the traveller must communicate his decision, the consequences of the failure to respond within the terms indicated, any replacement package and its price. In the case of a package organised by ON THE ROAD TRAVEL, the traveller may withdraw from the contract by notifying the e-mail address email@example.com in writing within 48 hours of receipt of the notice of increase or change. In the absence of express notification within the terms, the proposal of the organizer is deemed as accepted.
9 - WITHDRAWAL OF THE TRAVELLER - The traveller who terminates the contract before departure except in the cases listed in points A), B) and C) of art. 8) above, will be charged (regardless of the deposit referred to in art. 6) cancellation penalties in proportion to the time between the date of departure and the date of notice of termination as follows: in the case of sale of packages and travel services of third parties, the General Conditions of Contract of the organizer chosen by the traveller will prevail.
In case of "tailor-made trip" organized by ON THE ROAD TRAVEL on specific requests of the customer:
Air, sea or other transport costs
-100% for total or partial cancellations made from the date of booking
Costs of hotel services and other services necessary for the fulfilment of the mandate
-30% for total or partial cancellations made from the date of booking to the 45th day before departure;
-50% for total or partial cancellations made from 44 to 30 days prior to departure;
-75% for total or partial cancellations made from 29 to 7 days prior to departure;
-100% for total or partial cancellations made from the 7th day before departure onwards.
Registration fees and additional costs will be charged to the traveller to the extent of 100% of their value. In the case of pre-established groups (over nine participants) these amounts will be agreed from time to time at the signing of the contract.
10 - EXTRAORDINARY CASES - In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity, which have a significant impact on the performance of the package or on the carriage of passengers to the destination, the traveller has the right to terminate the contract before the start of the package, without paying withdrawal costs (penalties).
The organiser may withdraw from the tourist package contract and offer the traveller a full reimbursement of the payments made for the package, but is not obliged to pay supplementary compensation if: A) the number of people registered in the package is lower than the minimum stipulated in the contract and the organiser notifies the traveller of the withdrawal from the contract within the period laid down in the contract and in any case no later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, forty-eight hours before the start of the package in the case of trips lasting less than two days; B) the organizer is not able to perform the contract due to unavoidable and extraordinary circumstances and shall give notice of withdrawal from the contract to the traveller without undue delay before the start of the package.
11 – WITHDRAWAL FOR OFF-PREMISES CONTRACTS - In the case of off-premises contracts, the traveller has the right to withdraw from the tourist package contract within a period of five (5) days from the day of conclusion of the contract, without penalty and without any obligation to provide reasons. In the case of offers with significantly lower prices than the current offers, the right of withdrawal is excluded.
12 - CHANGES AFTER DEPARTURE - If, after departure, the organiser is unable to provide an essential part of the agreed services for any reason, except for the traveller's own purposes, he will provide alternative solutions without any surcharge, reimbursing the differences to the traveller when the services provided are of a lower value than theenvisaged ones.
If there is no alternative solution, or when the solution provided by the organizer is refused on proven and justified grounds, the organizer will provide at no additional cost and consistent with the availability of means and places, a means of transport equal to that originally planned for the return to the place of departure, and will reimburse the difference between the cost of services provided and that of services provided until the time of early return.
13 – TRANSFER OF THE TOURIST PACKAGE CONTRACT TO ANOTHER TRAVELLER - The traveller, in accordance with art. 38 of the Tourism Code, can transfer the tourist package to another person provided that: A) the replacement is made possible by the legislation of the carriers and destination countries; B) the organiser is informed in writing at least seven (7) working days before the day of departure, receiving simultaneously notice of the reasons for the replacement and the personal details of the transferee; C) the transferee meets all the conditions for the use of the service and in particular the requirements for passports, visas, health certificates; D) the same services or other replacement services can be provided following the replacement; E) the replacement reimburses the organizer for the costs incurred for the replacement, in the amount to be quantified before the transfer. The transferor and the transferee are jointly and severally liable for the payment of the price, as well as for any expenses referred to in point E) of this article.
14 – OBLIGATIONS OF TRAVELLERS - Travellers will inform ON THE ROAD TRAVEL of their citizenship and make sure that they are in possession of an individual passport and any other valid document for the countries included in the itinerary, as well as residence visas, transit visas and health certificates when required.Travellers will obtain information from government channels, and will check with the competent authorities before departure for updates. No responsibility for the non-departure of one or more travellers can be attributed to the organiser.
Travellers will have to comply with the rules of normal prudence in addition to the specific ones in force in the destination countries of the trip, the information provided by the organiser and the administrative or legislative provisions concerning the tourist package. Travellers will be held responsible for all damages that the organizer may suffer also due to failure to comply with the above obligations.
The traveller is required to provide the organizer with all documents and information in his possession useful for the exercise of the right of subrogation of the latter towards third parties responsible for the damage, and is responsible towards the organizer for the prejudice caused to the right of subrogation.
The traveller is required to inform the seller and the organizer of any special needs or conditions (pregnancy, food intolerance, disability, etc. ...) and to specify the request for personalized services. The Traveller will communicate in writing to the organizer, at the time of booking, the details to be considered subject to specific agreements on travel arrangements, provided that it is possible to implement them.
15 - LIABILITY REGIME – PERFORMANCE OF THE PACKAGE - The organiser is responsible for the performance of the tourist services provided under the package contract, regardless of whether these services are provided by the organiser himself, by his auxiliaries or agents when acting in the exercise of their functions, by third parties whose work he uses or by other service providers, in accordance with art. 1228 of the Italian Civil Code, unless it proves that the non-fulfilment is due to the fact of the traveller (including initiatives taken independently by the latter during the performance of tourist services) or to circumstances unrelated to the provision of services envisaged, by chance, by force majeure and by circumstances that the organiser could not reasonably foresee or resolve.
The seller is responsible for his status as an intermediary and in any case within the limits provided by the legislation on the subject.
The traveller, pursuant to Articles. 1175 and 1375 of the Civil Code, shall inform the organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any lack of conformity detected during the performance of a service under the package contract.
16 – LIMITS OF COMPENSATION - In the event of a lack of conformity of the package that has caused damage to the traveller, the compensation may not, in any case, exceed the limits indicated in art. 43, paragraph 5 of the "Code of Tourism".
17- OBLIGATION TO PROVIDE ASSISTANCE - The organizer provides adequate assistance, without delay, to the traveller who finds himself in difficulty, as provided by art. 45 paragraphs 1-2 of the "Code of Tourism".
18 - HOTEL CLASSIFICATION - The classification of hotel facilities is provided according to the indications of the competent authorities of the country in which the service is provided. In accordance with international regulations, the rooms and/or apartments will be available after 4 p.m. while on the day of departure they will have to be vacated by 10 a.m. (local time) unless otherwise indicated.
19 – OBLIGATIONS TO PROTECT IN THE EVENT OF INSOLVENCY OR BANKRUPTCY AND TO PROVIDE INFORMATION ON RELATED TOURIST SERVICES - In case of purchase of a related tourist service or a corresponding offer, the traveller: a) cannot invoke any of the rights applicable exclusively to packages pursuant to Chapter I, Title VI of Annex 1 to Legislative Decree 79/2011; b) each service provider will be the sole responsible for the exact contractual execution of his service; c) the traveller can invoke protection in case of insolvency or bankruptcy pursuant to art. 47 c. 2 of the Tourism Code.
20 – PROTECTION IN THE EVENT OF INSOLVENCY AND BANKRUPTCY - The contracts of tourist packages and related tourist services are covered by insurance policies or guarantee funds to protect travellers who, in the event of insolvency or bankruptcy of the organizer or seller, guarantee the refund of the price paid for the purchase of the package or service and the immediate return of the traveller where the package includes transport.
21 – ADR PROCEDURES - For the dispute settlement concerning the tourist package, the traveller can activate a mediation or assisted negotiation procedure (Alternative Dispute Resolution procedures) pursuant to Legislative Decree 206/2005.
GENERAL TERMS AND CONDITIONS OF SALE OF INDIVIDUAL TOURIST SERVICES
A)LEGISLATIVE PROVISIONS. Contracts covering only the supply of transport services, accommodation, or any other separate tourist service, since they cannot be configured as contractual cases of travel organization or tourist package, are governed by the following provisions of the CCV: art. 1, n.3 and n.6; art. 17 to 23; art. 24 to 31, with regard to provisions differing from those relating to the arrangement contract as well as other agreements specifically referred to the sale of the individual service covered by the contract.
B)CONTRACTUAL TERMS AND CONDITIONS. To these contracts are also applicable the following clauses of the general conditions of contract for the sale of tourist packages above: art. 4, paragraph 1; art. 5; art. 7; art. 8; art. 9; art. 10, paragraph 1; art. 11; art. 15; art. 17. In no way does the application of these clauses determine the configuration of the relative contracts as a tourist package. The terminology of these clauses relating to the tourist package contract (organizer, travel, etc..) must therefore be understood with reference to the corresponding figures in the contract of sale of individuals tourist services (seller, accommodation, etc.).
Mandatory communication pursuant to art. 17 of Law no. 38/2006: Italian law punishes with imprisonment crimes concerning prostitution and child pornography even if committed abroad.
TECHNICAL SHEET OF ON THE ROAD TRAVEL di LUCE s.r.l. - VAT/Tax code 02411290204, Via Chiassi, 20/E - 46100 Mantua (MN) - Tel. 0376 337149 - 342 8328292
COMMERCIAL INFORMATION(ARTICLE 34 OF LEGISLATIVE DECREE 62/2018)
The combination of tourist services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights applying to the packages.
Methods of payment: cash, cheques, bank transfer, credit card. Deposit 30% upon confirmation. Balance one month before departure.
Documents and visas. It is the responsibility of the traveller to verify the validity of personal documents and the procedures for obtaining entry visas required to visit the country chosen for the holiday. Non-EU citizens or those with a foreign passport, on the other hand, will have to find the corresponding information through their diplomatic representations in Italy and/or through the respective official government information channels.
All minors must be in possession of an individual passport, so it will no longer be possible for the parent to enter the minor child in their passport. For any further information, please contact the Police Headquarters or consult the website of the Italian State Police www.poliziadistato.it
All information and updates on the countries of destination are available on the website of the Ministry of Foreign Affairs and Internal cooperation of the Crisis Unit "Viaggiare sicuri" www.viaggiaresicuri.it.
Withdrawal of the traveller: the traveller has the right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs.
The amount of the penalty will be quantified by adding the individual lump sum fee for practical management, the insurance premiums (the practical management fees and insurance premiums are never refundable) and the following percentages of the participation fee, calculated on the basis of how many days before the start of the trip the cancellation took place (the calculation of the days does not include that of withdrawal, whose communication must be received on a working day before the start of the trip):
- from the day following the booking up to 30 days before departure 10%.
- from 29 to 20 days before departure 30%.
- from 19 to 10 days before departure 50%.
- from 9 to 4 days before departure 75%.
- from 3 to 0 days before departure 100%.
Some services may be subject to different penalties, the same will be communicated at the time of booking.
Withdrawal of the organiser. The organiser may withdraw from the contract without any obligation to pay compensation if he is unable to perform the contract due to unavoidable and extraordinary circumstances and shall notify the traveler of the withdrawal without undue delay before the start of the package.
On 11/10/2013 On The Road Travel has stipulated the damage insurance policy n. 8589932 - Civil Liability Travel Organizers and Intermediaries with Europ Assistance Italia S.P.A., Piazza Trento 8 - 20135 Milan, tel. 02 583841, EuropAssistenceSpA@pec.europassistance.it
In the event of insolvency or bankruptcy
If On The Road Travel becomes insolvent, payments will be refunded.
If it becomes insolvent after the start of the package and if transport is included in the package, the repatriation of passengers is guaranteed.
On 16/03/2017 On The Road Travel for the protection of Travellers has stipulated the Protection policy no. 6006000482/O with Nobis Compagnia di Assicurazioni, with registered office in Via Lanzo 29 -10071 Borgaro Torinese (TO), General Management in Via Paracelso 14 - 20864 Agrate Brianza (MB), tel 0396056804.
Agency stamp and signature
I declare that I have received this pre-contractual information together with the standard information form. Mantua, ____________________
On The Road Travel di Luce S.R.L., Via G. Chiassi 20/E - Mantova, tel. 0376 337149, fax 0376 1850180, mail firstname.lastname@example.org, email@example.com
STANDARD INFORMATION FORM FOR TOURIST PACKAGE CONTRACTS
The combination of tourism services offered to you is a package and, therefore, you will benefit from all EU rights applying to packages.
The travel organiser, whose necessary contact details and references you receive, will be fully responsible for the proper performance of the package as a whole.
The seller of the package is our agency whose references and contact details are indicated in the contract, on the website and we also confirm them with the delivery of this form.
As required by law, the organizer and the seller have protection to refund your payments and, if transport is included in the package, ensure your repatriation in case they become insolvent.
For the sake of fairness, we are pleased to list the following fundamental rights in accordance with Directive (EU) 2015/2302
1) Travellers will receive all the relevant information on the package before the conclusion of the package contract as defined by the legislation based on the characteristics, needs and demands;
2) There is always at least one trader responsible for the proper performance of all tourist services included in the contract;
(3) Passengers shall be provided with an emergency telephone number or the details of a contact point through which they can reach the organiser or travel agent;
(4) Travellers may transfer the package to another person upon reasonable notice and possibly at additional cost;
5) The price of the package can only be increased if the specific costs (e.g. fuel prices) increase and if expressly provided for in the contract, and in any case no later than 20 days before the start of the package. If the price increase is more than 8% of the package price, the traveller may terminate the contract. If the organizer reserves the right to increase the price, the traveller is entitled to a price reduction if there is a decrease in the relevant costs;
(6) Travellers may terminate the contract without incurring termination fees and obtain full reimbursement of payments if any of the essential elements of the package, other than the price, has changed substantially. If, before the start of the package, the trader responsible for the package cancels it, travellers have the option of obtaining a refund and, where applicable, compensation;
(7) Travellers may, in exceptional circumstances, terminate the contract without incurring any termination costs before the start of the package, for example if there are serious security problems at the place of destination which may affect the package. In addition, travellers may at any time, before the start of the package, terminate the contract by paying appropriate and justifiable termination fees;
8) If, after the start of the package, substantial elements of the package cannot be provided as agreed, appropriate alternative solutions shall be offered to the traveller, at no extra cost. I Travellers may terminate the contract, without any termination fees, if the services are not performed as agreed and this significantly affects the performance of the package and the organizer has not remedied the problem;
9) Travellers are also entitled to a price reduction and / or compensation for damages in the event of failure or improper performance of tourist services;
10) The organiser is required to provide assistance in the event that the traveler is in difficulty;
11) If the organiser or, in some Member States, the seller becomes insolvent, the payments will be reimbursed. If the organiser or, if applicable, the seller becomes insolvent after the start of the package and if transport is included in the package, the repatriation of travellers is guaranteed. The organiser has subscribed to insolvency protection with a guarantee fund or insurance company whose details are provided to you and can also be specified on the website and/or in the travel documents and are always available at our offices. Travellers may contact this entity or, if applicable, the Ministry of Cultural Heritage and Activities and Tourism - Directorate General for Tourism, Italian competent authority under art. 48, paragraph 2 of the Tourism Code if the services are denied due to insolvency of the organizer or seller;
12) The traveller is informed that he has the right to subscribe, within the time established by the granting authority, insurance coverage that covers the penalties for withdrawal by the traveller or the costs of assistance and return, in the event of injury, illness or death. Coverage may also be indicated by the organiser as compulsory for his own package offers.
For any further information on the fundamental rights of the traveller purchasing travel packages, please visit the website www.ontheroadtravel.it
Signature of the traveller ___________ date ____________
for receipt ________________________________________
Pursuant to Directive (EU) 2015/2302 implemented in Italy by Legislative Decree 21.5.2018, n.62, which amended Articles. 32-50 of Legislative Decree 79/2011 (Tourism Code).