GENERAL CONDITIONS OF THE TRAVEL CONTRACT
1) DEFINITION OF PACKAGE TOUR
According to Article 34 of the Tourism Code, package tours cover travels, holidays, all-inclusive circuits, tourist
cruises, resulting from the combination by anyone and in any way of at least two of the elements listed below, sold or
offered for sale at a lump sum price,
- A) transport;
- B) accommodation;
- C) non-incidental tourist services to transport or accommodation (omitted) that constitute, for the satisfaction of the tourist's recreational needs, a significant part of the "package tour".
The tourist has the right to receive a copy of the package travel sale contract (pursuant to Articles 35 and 36 of the
Tourism Code). The contract constitutes entitlement to possibly access the Guarantee Fund referred to in the
subsequent Article 18.
2) LEGISLATIVE SOURCES
The sale of a package tour, whether it involves services to be provided domestically or abroad, is governed until its
repeal according to Article 3 of Legislative Decree no. 79 of May 23, 2011 (the "Tourism Code") - by Law 27/12/1977
- 1084 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 as applicable, as well as by the Tourism Code (Articles 32 - 51) and subsequent amendments.
3) MANDATORY INFORMATION – TECHNICAL SHEET
The organizer is obliged to create a technical sheet in the online catalog or in the off-catalog program. The mandatory
elements to be included in the technical sheet of the catalog or off-catalog program are:
- details of the organizer's administrative authorization;
- details of the civil liability insurance policy;
- the validity period of the catalog or off-catalog program;
- reference exchange rate for currency adjustments, day or value;
4) BOOKINGS
Reservations must be made online. The acceptance of reservations is considered finalized, with the consequent
conclusion of the contract, only when the organizer sends a confirmation, also by means of an electronic system.
Information about the package tour not contained in the contractual documents, in brochures, or in other written
communication means will be provided by the organizer in regular fulfillment of the obligations incumbent on them by
Legislative Decree 111/95 in a timely manner before the start of the trip.
5) PAYMENTS
The balance must be paid at the time of booking. Failure to pay the above amount constitutes an express termination
clause such as to determine, by the intermediary agency and/or the organizer, the termination of the contract by law.
6) PRICE
The price of the package tour is determined in the contract, with reference to what is indicated in the catalog or offcatalog program and to any subsequent updates of these catalogs or off-catalog programs. It can be varied up to 20 days before departure and only due to variations of:
- transport costs, including the cost of fuel;
- rights and taxes on certain types of tourist services such as taxes, landing, disembarking, or boarding fees at ports
and airports;
- exchange rates applied to the package in question.
For such variations, reference will be made to the exchange rates and costs in force on the date of publication of the
program as reported in the catalog or on the date reported in the above updates. Fluctuations will affect the allinclusive price of the package tour in the percentage expressly indicated in the catalog or off-catalog program.
7) CONSUMER WITHDRAWAL
The consumer may withdraw from the contract, without paying penalties, in the following cases:
increase in the price referred to in the previous Article 6 exceeding 10%;
significant modification of one or more elements of the contract objectively definable as fundamental for the
enjoyment of the package tour as a whole and proposed by the organizer after the conclusion of the contract itself but
before departure and not accepted by the consumer. In the above cases, the consumer alternatively has the right to:
enjoy an alternative package tour without any extra charge or with the refund of the excess price if the second package
tour has a lower value than the first;
the refund of only the part of the price already paid. Such refund must be made within 7 working days from the moment
of receiving the refund request. The consumer must communicate their decision (to accept the change or to withdraw)
within no more than 2 working days from the moment they received the notice of increase or change. In the absence
of express communication within the said term, the proposal made by the organizer is deemed accepted. The
consumer who withdraws from the contract before departure outside the cases listed in the first paragraph will be
charged, as a penalty, the individual cost of handling the practice or registration fee, the insurance premiums, and the
following percentages of the participation fee, calculated based on how many days before the start of the trip the
cancellation occurs (the calculation of days does not include the day of withdrawal, whose communication must
arrive on a working day prior to the start of the trip):
Package tours (hotel + ground services):
- Up to 30 days - No penalty
- From 29 to 21 days 15% Participation fee
- From 20 to 9 days 50% Participation fee
- From 8 to 0 days 100% Participation fee
No refund is due to the traveler who does not show up at the start or interrupts the trip or stay already undertaken.
Note: At the time of booking, the cancellation conditions of each hotel structure are specified, which may vary also
based on the type of room offered; such withdrawal conditions may differ and be more onerous than those indicated
above.
8) MODIFICATION OR CANCELLATION OF THE PACKAGE TOUR BEFORE DEPARTURE
In the event that, before departure, the organizer communicates in writing their inability to provide one or more of the
services subject to the package tour, proposing an alternative solution, the consumer may alternatively exercise the
right to regain the sum already paid or enjoy the offer of a substitute package tour proposed (pursuant to the previous
Article 7). The consumer may also exercise the rights provided above when the cancellation depends on the failure to
reach the minimum number of participants provided in the Catalog or Off-Catalog Program (with communication to
occur in writing at least 20 days before departure), or due to force majeure and unforeseeable circumstances related
to the package tour purchased. For cancellations other than those caused by force majeure, unforeseeable
circumstances, and the failure to reach the minimum number of participants, as well as for those other than the nonacceptance by the consumer of the alternative package tour offered (pursuant to the previous Art. 7), the organizer who cancels (ex Article 1469 bis n. 5 of the Civil Code), will return to the consumer double the amount paid and
collected by the organizer. The sum subject to refund will never be more than double the amounts that the consumer
would be a debtor of at the same date according to the previous Art. 7, should they be the one to cancel.
9) CHANGES AFTER DEPARTURE
The organizer, if after departure finds themselves unable to provide for any reason, except for a fact proper to the
consumer, an essential part of the services contemplated in the contract, must arrange alternative solutions, without
any extra charge to the contractor and if the services provided are of lower value compared to those foreseen,
reimburse them to the extent of such difference.
10) SUBSTITUTIONS
The renouncing client may be replaced by another person provided that:
- the organizer is informed in writing at least 4 working days before the date set for departure, receiving at the same
time notification of the transferee's personal details;
- the substitute meets all the conditions for the use of the service (pursuant to Article 10 of Legislative Decree
111/95) and in particular the requirements relating to the passport, visas, health certificates;
- the subject taking over reimburses the organizer for all expenses incurred to proceed with the substitution to the
extent that will be quantified before the transfer.
The transferor and the transferee are also jointly liable for the payment of the balance of the price as well as the
amounts referred to in letter c) of this article. In relation to certain types of services, it may happen that a third service
provider does not accept the change of the transferee's name, even if made within the term referred to in the previous
point a). The organizer will therefore not be responsible for any non-acceptance of the change by third service
providers. Such non-acceptance will be promptly communicated by the organizer to the interested parties before
departure.
11) PARTICIPANTS' OBLIGATIONS
Participants must possess an individual passport or other valid document for all the countries touched by the itinerary,
as well as residence and transit visas and health certificates that may be required. Furthermore, they must comply
with the rules of normal prudence and diligence and those specific in force in the destination countries of the trip, to
all the information provided to them by the organizer, as well as to regulations and administrative or legislative
provisions relating to the package tour. Participants will be held accountable for all damages that the organizer may
suffer due to their failure to comply with the above-mentioned obligations. The consumer is required to provide the
organizer with all documents, information, and elements in their possession useful for exercising the organizer's right
of subrogation towards third parties responsible for the damage and is liable towards the organizer for the prejudice
caused to the right of subrogation. The consumer will also communicate in writing to the organizer, at the time of
booking, the particular personal requests that could be the object of specific agreements on travel arrangements,
provided that it is possible to implement them.
12) HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog or other informational material only based on the
express 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 Public Authorities of the countries, including EU
member countries to which the service refers, the organizer reserves the right to provide in the catalog or brochure
their own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of it
by the consumer.
13) LIABILITY REGIME
The organizer is liable for damages caused to the consumer due to total or partial non-fulfillment of the contractually
due services, whether these are performed by them personally or by third service providers, unless they prove that the
event was caused by the consumer (including initiatives independently undertaken by the latter during the execution
of the tourist services) or by circumstances unrelated to the provision of the services provided for in the contract, by
force majeure, by circumstances that the organizer, according to professional diligence, could not reasonably foresee
or solve. The seller at which the package tour booking was made is not liable in any case for obligations arising from
the organization of the trip, but is solely responsible for obligations arising from their role as intermediary and however
within the limits provided for such responsibility by the laws or conventions above mentioned.
14) COMPENSATION LIMITS
The compensation owed by the organizer for personal injury cannot in any case exceed the indemnities compensatory
foreseen by the international conventions in reference to the services whose non-fulfillment has determined the liability
15) OBLIGATION OF ASSISTANCE
The organizer is required to provide measures of assistance to the consumer imposed by the criterion of professional
diligence exclusively in relation to the obligations at their own expense by law or contract. The organizer and the seller
are exonerated from their respective responsibilities (Articles 13 and 14), when the failed or incorrect execution of the
contract is attributable to the consumer or depended on the fact of a third party of an unpredictable or unavoidable
nature, or by a case of force majeure.
16) COMPLAINTS AND DENUNCIATIONS
Every failure in the execution of the contract must be contested by the consumer without delay so that the organizer,
their local representative or the guide can remedy the situation promptly. The consumer can also lodge a complaint
by sending a registered letter, with acknowledgment of receipt, to the organizer or the seller, no later than ten working
days from the date of return to the departure locality.
17) INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is possible and indeed advisable, to stipulate at the time of booking at the
offices of the organizer or the seller special insurance policies against expenses arising from the cancellation of the
package, accidents, and luggage. It is also possible to sign a contract of assistance covering repatriation expenses in
case of accidents and illnesses.
18) GUARANTEE FUND
Venice Tours s.r.l. to protect travelers in case of insolvency or bankruptcy, has joined the Fondo Vacanze Felice S.c.a.r.l.
with certificate 1574. Tourists who have purchased a cruise, a package tour organized or intermediated by Venice Tours
s.r.l. are guaranteed by Fondo Vacanze Felice S.c.a.r.l. – Via Larga #6 – Milan – VAT & Tax Code 09566380961 In case of
insolvency or bankruptcy, tourists can contact Fondo Vacanze Felice S.c.a.r.l.
19) COMPETENT COURT
For all disputes arising in relation to this contract, the court where the Organization is based will be competent.
20) MANDATORY INFORMATION
Provincial License/Authorization: Authorization Metropolitan City of Venice. 659/2018 of 06/03/2018
To guarantee the exact fulfillment of the obligations undertaken towards the clients, the organizing Agency has taken
out the following policies in compliance with legal obligations: Venice Tours S.r.l. 4M – Vittoria Assurances Policy No.
800.014.0000910890. The insurance policies above cover the following risks:
-Civil liability covering risks to persons arising from participation in travel programs;
-Guarantee of the exact fulfillment of obligations towards the user of tourist services, in compliance with the
provisions provided for by the International Convention on Travel Contracts (CCV) of Law 27 December 1977, no. 1084
ADDENDUM: GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
- A) REGULATORY PROVISIONS
Contracts for the offer of only the transport service, accommodation, or any other separate tourist service, not being
able to be configured as travel organization or package tour contractual arrangements, are governed by the following
provisions of the CCV: art. 1, n.3 and n.6; arts. from 17 to 23; arts. from 24 to 31, regarding provisions different from
those relating to the organization contract as well as by other agreements specifically referring to the sale of the
individual service contract.
- B) CONTRACT CONDITIONS
These contracts are also subject to the clauses of the general conditions of contract for the sale of package tours. The
application of these clauses does not absolutely determine the configuration of the related contracts as package
tours. The terminology of the said clauses related to the package tour contract (organizer, travel, etc.) should therefore
be understood with reference to the corresponding figures of the contract of sale of individual tourist services (seller,
stay, etc.)
