Terms and Conditions
GENERAL CONTRACT TERMS AND CONDITIONS FOR THE SALE OF TOURIST PACKAGES
Montepisano DMC Territorio Ospitale di Timesis srl is a registered Travel Agency operating with license n°225817 released by Pisa province on 15/09/2014, and seated S. Giuliano Terme (PI) Largo Shelley, 20
Tel. +39 050 7846847; Fax +39 050 818801;
PEC (certified email inbox) firstname.lastname@example.org
Web site: www.montepisano.travel
Hereinafter referred to as the Organizer
The following General Terms and Conditions construe the Contract between Montepisano DMC Territorio Ospitale di Timesis srl and the Traveler, and apply to any TOURIST PACKAGES sold by Montepisano DMC Territorio Ospitale di Timesis srl or any of its trademarks.
The Travel Contract of a tourist package is composed by the below terms and conditions together with the program description edited in the catalogue, the web site, or separated travel program, as well as by the confirmation of the services booked by the Traveler.
The Confirmation of any service implies that the Traveler, or any participant listed in the booking have read and accepted the regulations relevant to the Travel Contract, the terms and conditions below and any advice contained either in the program and the sales proposal.
1) LEGISLATIVE SOURCES
The sale of tourist packages and linked travel arrangements is ruled by the art. 32-51-novies of the Codice Del Turismo (Tourist Code), as modified by the Legislative Decree 62/2018 executing the EU Decree 2015/2302 and subsequent amendments, as well as by the Italian Civil Code as regards of transportation and mandate, where applicable.
2) ADMINISTRATIVE AUTHORIZATION & RULES
Any sale of a Tourist Package can exclusively be provided by Organizers or Sellers regularly licensed for carrying out their activities, in full compliance with the legislation in force, including the Regional or Municipal ones.
Either the Organizer or Seller operating in the Italian Territory shall be covered by Third Party Liability Insurance against any damages caused to the Traveler deriving by any contractual unfulfillment.
Tourist Packages are protected either by insurance or bank guarantee policies from insolvency or bankruptcy of the Organizer, which, upon request of the Traveler, grant the latter for the reimbursement of the price paid for the tourist package and, if it is the case, the immediate repatriation costs or any related additional overnights and meals before which might be necessary prior to the return.
This protection should apply to business Travelers, including members of liberal professions, or self-employed or other natural persons, where they do not make travel arrangements on the basis of a general agreement.
- Traveler: any person who is seeking to conclude a contract, or is entitled to travel on the basis of the stipulation of a Tourist Package contract or linked travel arrangements contract;
For any communication the address and contacts of the Traveler are the ones in the contract.
- Trader: any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by and complying with the current legislation, whether acting in the capacity of Organizer, retailer, trader facilitating a linked travel arrangement or as a travel service provider;
- Organizer: a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader, or the trader who transmits the Traveler’s data to another trader in accordance with point c), n° 2.4) of art 33. of the Tourist Code;
- Retailer: a trader other than the Organizer who sells or offers for sale packages combined by an Organizer;
- Establishment: establishment as defined in point 5 of Article 4 of Directive 2006/123/EC;
- Durable Medium: any instrument which enables the Traveler or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
- Unavoidable and extraordinary circumstances: a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;
- Lack of Conformity: a failure to perform or improper performance of the travel services included in a package;
- Minor: a person below the age of 18 years;
- Point of Sale: any retail premises, whether movable or immovable, or a retail website or similar online sales facility, including where retail websites or online sales facilities are presented to Travelers as a single facility, including a telephone service;
- Repatriation: the Traveler’s return to the place of departure or to another place the contracting parties agree upon.
4) NOTIONS OF TOURIST PACKAGE AND LINKED TRAVEL ARRANGEMENTS
4.1. Tourist Packages means a combination of at least two different types of the below listed travel services, which are created for the purpose of the same trip or holiday:
- carriage of passengers;
- accommodation which is not intrinsically part of carriage of passengers and is not for residential purposes;
- rental of cars, other motor vehicles or motorcycles requiring a Category A driving license in accordance with point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council;
- any other tourist service not intrinsically part of a travel service within the meaning of points (a), (b) or (c), and which is not an insurance or financial service, nor an integrative tourist service;
and provided that at least one of the following conditions applies:
- those services are combined by one trader, including at the request of or in accordance with the selection of the Traveler, before a single contract on all services is concluded; or
- irrespective of whether separate contracts are concluded with individual travel service providers, those services are:
- purchased from a single point of sale and those services have been selected before the Traveler agrees to pay,
- offered, sold or charged at an inclusive or total price,
- advertised or sold under the term ‘package’ or under a similar term,
- combined after the conclusion of a contract by which a trader entitles the Traveler to choose among a selection of different types of travel services, or purchased from separate traders through linked online booking processes where the Traveler’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
4.2. Linked Travel Arrangement means at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if a trader facilitates:
- on the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each travel service by Travelers; or
- In a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.
5) INFORMATION FORM
5.1. Before the Traveler is bound by any package travel contract or any corresponding offer, the Organizer and, where the package is sold through a retailer, also the retailer shall provide the Traveler with the standard information by means of the relevant form, and, where applicable to the package, with the following information:
- the main characteristics of the travel services such as:
- the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;
- the means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections. Where the exact time is not yet determined, the Organizer and, where applicable, the retailer shall inform the Traveler of the approximate time of departure and return;
- the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;
- the meal plan;
- visits, excursion(s) or other services included in the total price agreed for the package;
- where it is not apparent from the context, whether any of the travel services will be provided to the Traveler as part of a group and, if so, where possible, the approximate size of the group;
- where the Traveler’s benefit from other tourist services depends on effective oral communication, the language in which those services will be carried out; and
- whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the Traveler’s request, precise information on the suitability of the trip or holiday taking into account the Traveler’s needs;
- the trading name and geographical address of the Organizer and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address;
- the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the Traveler may still have to bear;
- the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the Traveler;
- the minimum number of persons required for the package to take place and the time-limit, referred to in point (41) of Article 5(a), before the start of the package for the possible termination of the contract if that number is not reached;
- general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;
- information that the Traveler may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardized termination fees requested by the Organizer;
- information on optional or compulsory insurance to cover the cost of termination of the contract by the Traveler or the cost of assistance, including repatriation, in the event of accident, illness or death.
- The data of the guarantee policy against insolvency or bankruptcy, and of the Third Party Liability insurance policy.
5.2. For package travel contracts concluded by telephone, the Organizer and, where applicable, the retailer shall provide the Traveler with the standard information set out in enclosure A, part II of the Tourist Code.
5.3. Due to large anticipation when programs are published it is understood that any timings set out in the programs or contract are subject to changes, and to final reconfirmation from the Organizer a few days prior to departure.
6) SALE PROPOSAL- RESERVATIONS
6.1 The Traveler should receive all necessary information before purchasing a package, whether it is sold through means of distance communication, over the counter or through other types of distribution, and he is entitled to receive a copy of the tourist package contract at the time of its conclusion, or as soon as possible, by mean of a durable medium.
6.2 The Traveler is entitled to receive a paper copy of the contract when it is stipulated in presence of both contractors
6.3 Travelers who stipulate a tourist package contract at a distance, as defined by art 45, comma 1, h) of the legislative decree 6/9/2005, n. 206, are entitled to receive either a paper copy of it or a confirmation of the tourist package contract by mean of a durable medium.
6.4. The tourist package contract is concluded upon the Organizer confirmation to the Traveler, or retailer, either via e-mail, website, or electronic system. and which also implies the Traveler’s full acceptance of the contract. The date of the booking is the one of the Organizer confirmation to the Traveler, or retailer.
6.5. Any particular or special requests must be communicated to the retailer or Organizer at the moment of the booking request, and will be considered binding part of the contract only if expressly confirmed by the Organizer and clearly reported in the contract.
6.6. Travel documents (i.e. vouchers) will be delivered to the Traveler in due time, before the departure. Traveler shall carry the travel documents, and any necessary document (i.e. flight tickets) delivered by the retailer or Organizer, together with him during the travel in order to regularly enjoy the services booked.
6.7 It is the Traveler’s duty to check any details on the documents forwarded to him, and to immediately notify the retailer or the Organizer of any incorrect or incomplete details at the moment he receives them, as it might not be possible to make changes at a later stage. Outside these time limits the Organizer will endeavor his best to rectify any mistake notified to him but the Traveler shall meet any cost involved in doing so, if any.
6.7. Any excursions or tourist services purchased by the Traveler at the destination are extraneous to this contract. No responsibilities can be ascribed to the Organizer or retailers, even in cases when guides, tour leaders, resident staff, or local correspondents take care of the reservation.
7.1 At the time of the contract signing the Organizer shall receive:
- The administration fee, if requested;
- A down payment as fixed by the Organizer, and which is paid as confirmation deposit towards the final price.
- The payment of any additional insurance or services purchased by the Traveler in addition to the tourist package basic rate
7.2 Failure in paying at the fixed dates will determine the immediate rescission of the contract, which the Organizer shall, communicated to the Traveler or retailer just sending an email or fax.
7.3. A payment is considered as received when it reaches the bank account of the Organizer.
8) PRICE & PRICE REVISING
8.1 The price of tourist package is determined by the contract and refers to what published in the Organizer’s catalogue, website, extra-catalogue programs, tailor-made programs, or any update which might have been done afterwards. The Organizer is entitled to increase or decrease the price. Price increases shall be possible exclusively as a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
- the exchange rates relevant to the package.
8.2. Irrespective of its extent, a price increase shall be possible only if the Organizer notifies the Traveler clearly and comprehensibly of it with a justification for that increase and a calculation, on a durable medium at the latest 20 days before the start of the package, and provided that the increase does not exceed 8% of the tourist package price, or the following clause (9.2) will apply.
8.3. The package price is composed by:
- Administration fee, if requested.
- the price of the tourist package published in the catalogue, program, extra catalogue program, website of the Organizer, or any subsequent update;
- the cost of cancellation, medical and health insurance policies, or any other additional tourist services if requested by the Traveler
- The cost of Visas or entry taxes, if any
- Airports/ports taxes, if any.
9) ALTERATION, WITHDRAWAL OF THE ORGANIZER OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE TERMS
9.1 The Organizer is entitled to alter the contract conditions, other than the price, provided that such modification is insignificant, and the Organizer informs the Traveler of the change in a clear, comprehensible and prominent manner on a durable medium.
9.2. If, before the start of the package, the Organizer is constrained to alter significantly any of the main characteristics of the travel services as referred to in point a) of the first subparagraph of Article 5.1 or cannot fulfill the special requirements as referred to in point a) of Article 6.5., or proposes to increase the price of the package by more than 8 % in accordance with Article 8.1), the Traveler may within a reasonable period specified by the Organizer:
- accept the proposed change; or
- terminate the contract without paying a termination fee.
If the Traveler terminates the package travel contract, the Traveler may accept a substitute package where this is offered by the Organizer, if possible of an equivalent or a higher quality.
9.3 If the changes to the package travel contract or the substitute package proposed by the Organizer result in a package of lower quality or cost, the Traveler shall be entitled to an appropriate price reduction.
9.4. If the package travel contract is terminated pursuant to point b) of the first subparagraph of paragraph 9.2 of this Article, and the Traveler does not accept a substitute package, the Organizer shall refund all payments made by or on behalf of the Traveler without undue delay and in any event not later than 14 days after the contract is terminated. Article 43 (2), (3), (4), (5), (6), (7), (8) of the Tourist Code shall apply.
9.5. The Organizer may terminate the package travel contract and provide the Traveler with a full refund of any payments made for the package, but shall not be liable for additional compensation, if:
- the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the Organizer notifies the Traveler of the termination of the contract within the period fixed in the contract, but not later than 20 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; and 48 hours before the start of the package in the case of trips lasting less than two days;
- the cancellation is due to force majeure;
- The Organizer is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the Traveler of the termination of the contract without undue delay before the start of the package;
- The cancellation is due to competent authorities advise any safety danger or discourage visiting the destinations.
10) WITHDRAWAL OF THE TRAVELER
10.1 The Traveler may terminate the package travel contract at any time before the start of the package. Where the Traveler terminates the package travel contract under this paragraph, the Traveler may be required to pay a termination fee to the Organizer. In the absence of standardized termination fees, the amount of the termination fee shall correspond to the price of the package minus the cost savings and income from alternative deployment of the travel services.
- If the Traveler cuts short his holiday in circumstances depending on himself, and where he has no reasonable cause for complaint about the Organizer’ services, the Traveler is not entitled to any refund, nor to be assisted with any associated costs he may incur.
- The Traveler will not be entitled to any refund if the services booked are refused by suppliers due to missing of valid personal identity documents/Visas, or other reasons referred to following art. 13.
- The cancellation date will be the one when the Organizer receives the Traveler’s written notification.
When rescission penalties are enforced, the Organizer is entitled to hold the amount received as partial payment or full payment, this depending on the total amount the Traveler owes to the Organizer referred to the amount of cancellation charges.
10.2. The Traveler can optionally stipulate travel insurance policies to cover the costs of withdrawal, or assistance, including the repatriation in case of injury, illness and death.
10.3 Notwithstanding paragraph 10.1, the Traveler shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination. In the event of termination of the package travel contract under this paragraph, the Traveler shall be entitled to a full refund of any payments made for the package, but shall not be entitled to additional compensation.
10.4 In case of contracts at a distance (as per art 45 c.1, lett. h of the consumer code) the Traveler is entitled to withdraw from the tourist package contract with no penalties within 5 days from the contract conclusion, without giving any motivation.
Withdrawal right for the Traveler when purchasing at sensibly discounted rates:
In the case of offers with significantly discounted rates, the right of withdrawal is excluded. In this case, the Organizer documents the price variation, highlighting the exclusion of the right of withdrawal.
11) ALTERATIONS AFTER DEPARTURE
11.1 If, for any reason, except when depending on the Traveler, the Organizer will not be able to supply an essential part of the services established in the contract during the travel, the Organizer will undertake all the necessary actions to provide an adequate alternative of equal quality or superior than the ones originally booked so to grant the prosecution of the travel at no extra cost for the Traveler, and will refund the Traveler with any price difference between the value of the service supplied and the service originally contracted. Whenever an alternative solution will not be possible or the Organizer proposal will not be accepted by the Traveler for reasons as set out in the following art. 11.3, the Organizer will provide a transfer service back to the starting point of the first service rendered, at no extra cost for the Traveler and of equivalent value, if available, and reimburse the price difference for the part of services not rendered.
11.2 The Traveler can refuse to accept the alternative solution/s proposed by the Organizer only if they will not be compatible with the contract or the price reduction results inadequate.
11.3 If the Organizer fails to provide an alternative offer the following clause 15.5. shall apply.
11.4. If for reasons not depending on the Organizer it is not possible to grant the repatriation of the Traveler the clauses 15.6 and 15.7 shall apply.
11.5 The provisions of this article do not apply in the case when the Organizer is forced to modify or cancel the services of the Tourist Package following to Act of Gods or competent authorities advise any safety danger or discourage visiting the destinations. In this case the Traveler will be entitled to be reimbursed only for the services not rendered.
12) TRANSFER OF THE PACKAGE TRAVEL TO ANOTHER TRAVELER
12.1. The Traveler may, after giving the Organizer reasonable notice in writing before the start of the package, transfer the package travel contract to a person who satisfies all the conditions applicable to that contract (i.e. visa, passport, health certificates, insurances etc). Notice given at the latest seven days before the start of the package.
12.2. Traveler is herewith informed that any substitution is subject to the possibility of the Organizer or its suppliers to provide the same services or any other services, as a consequence of the substitution.
12.3 The Traveler shall pay the Organizer all administrative and operational fees related to the processing of the substitution, and that the Organizer will notify him prior to the finalization of any changes.
12.4 In accordance with art. 944 of Navigation Code substitutions are subject to the acceptance by the carrier.
12.5 If the Traveler requires the variation of one contractual element or tourist service already confirmed, and provided that such variation is possible and does not imply the construction of a new contract, the Traveler shall pay to the Organizer all administrative and operational fees as well as any cost deriving from such change (i.e. in case of flight tickets he will incur the costs of the applicable rate at the time of the request).
12.6 The transferor of the package travel contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer, or substitution.
13) TRAVELERS OBLIGATIONS
13.1 Travelers must communicate their nationality and any other necessary personal information to the Organizer at the time of booking.
13.2 It is the Traveler responsibility to ensure to be in possession of and carry with him all necessary travel and health documents (such as Passport, Visas, vaccination or health certificates, personal insurances, etc.) before departure and that they are currently valid. Young participants or children under 14 years old shall also be provided with the necessary authorization to travel abroad and personal documents currently valid in accordance to what published in the State Police website: http://www.poliziadistato.it/articolo/191/.
Foreign citizens shall be in possession of passport currently valid, and valid VISA when required. They shall inquire about all necessary, updated information with the diplomatic representative offices in Italy or relevant governmental bodies.
13.3. Before booking any services and before the departure It is the Travelers’ duty to check about health/social/political safety of the Destination and to ensure he is aware of all recommended and required health precautions in good time before departure, with the competent bodies, such as the Ministry for Foreign affairs via the website www.viaggiaresicuri.it or to the ph. n.+39 06 491115.
Such information are not contained in catalogues, programs or web sites of the Organizers, which only feature general information, and not the ones subject to changes of variations by the administrative authorities.
13.4. The Organizer will not be responsible for any consequences or services not rendered, due to missing or invalid personal documents, and shall be indemnified by the Traveler for any damages or expenses deriving from the non observance of the clauses set in the present art. n 13).
13.5 If at the time of booking the destination results in a danger for safety reasons or is subject to any contrary advices fixed by the competent authorities, the Traveler who cancels the travel at a later stage will not be entitled to any refund.
13.6 The Traveler must observe the administrative and legislative provisions of the Destination, as well as any information provided by the Organizer and regulations regarding the tourist package. Also the Traveler is held to strictly follow ordinary safety and diligence rules.
13.7 If in the Organizer’s reasonable opinion or in the opinion of any hotel manager, tour leader or other person in authority, the Traveler’s behavior is causing or is likely to cause danger, upset or damage to property or is persistently affecting the enjoyment of others, the Organizer reserves the right to terminate the Traveler’s holiday.
13.8. In case of any disabilities the Traveler shall ensure with the Organizer that the travel and services are suitable for his exigencies, before he books any services.
13.9. Where a special request i.e. diet, room location, twin or double bedroom, a particular facility at a hotel, and/or particular meals etc. is an important factor in the Traveler’s choice of holiday, he must advise the Organizer at the time of booking. The provision of any special request does not constitute a term of contract with us the Organizer, unless expressly reconfirmed by the Organizer and included in the contract.
13.10. When attending sporting activities the Organizer/operator/guide or any other person in charge for the Organizer may require the Traveler to demonstrates his competence, and reserves the right to refuse the Traveler’s participation for any reason if the operator feels this may compromise the Traveler’s or other guests’ safety. This may also include not wearing proper equipment for the activity booked.
13.11 For security reasons, valuable should be kept at a minimum. It is the Traveler’s responsibility to look after his property at all times and ensure he is adequately covered by comprehensive insurance.
13.12 The Traveler is responsible for any damages caused by himself and must indemnify the Organizer, service’ suppliers or any other third party involved in the damage.
The Traveler must provide the Organizer with any document, information or useful element, which might serve to exercise the rights of the latter towards third parties, responsible for the damage.
13.12 The Traveler must promptly inform the Organizer or the retailer of any contract unfulfillment, lack of services, which may affect the correct enjoyment of the services booked, as per following clause n. 15
- HOTEL RATING
The Hotel or Property rating is indicated in the programs, catalogue or other information material, and it is the one officially fixed by the competent authority of the Country where the service is rendered. Standards can however vary between hotels of the same class in different countries, and even in the same country. It is important to carefully read the individual hotel descriptions. In cases of absence of an official classification by the public authorities of EU Countries to which it refers, or for properties not subject to an official classification (such as Tourist Villages, Country Houses, Villas etc), the Organizer reserves to express his personal rating so to allow the Traveler to evaluate it and be aware of his choice.
15) RESPONSIBILITY OF THE ORGANIZER
15.1 As per art. 42 f the Tourist Code the Organizer is responsible for any damage caused to the Traveler resulting from partial or total default of the services described in the contract, whether these are provided by Organizer or third-party suppliers ) art. 1228 Civil Code), unless the Organizer proves that such damage depends on the Traveler (including initiatives taken by himself independently, during the execution of tourist services), or on extraneous event to the supply of the services described in the contract, such as fortuitous events, act of God, or by circumstances that the Organizer might not reasonably foresee or solve, on the basis of a principle of professional care.
15.2 The Traveler shall inform the Organizer without undue delay, taking into account the circumstances of the case, of any lack of conformity which he perceives during the performance of a travel service included in the package travel contract (art. 1175, 1375 Civil Code).
15.3 If any of the travel services are not performed in accordance with the package travel contract, the Organizer shall remedy the lack of conformity, unless that:
- is impossible; or
- entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected
If the Organizer, in accordance with point (a) or point (b) of the first subparagraph of this paragraph, does not remedy the lack of conformity, Article 16 shall apply.
15.4. Except what fixed at the above art. 15.3, if the Organizer does not remedy the lack of conformity within a reasonable period set by the Traveler in relation to the characteristics and duration of the tourist package, the Traveler may do so himself and request reimbursement of the necessary expenses, provided they are reasonable and documented. It shall not be necessary for the Traveler to specify a time-limit if the Organizer refuses to remedy the lack of conformity or if immediate remedy is evidently necessary.
15.5 Where a significant proportion of the travel services (as set out at art. 1455 Italian Civil Code) cannot be provided as agreed in the package travel contract, and where the Organizer has not proposed any remedies within a reasonable time fixed by the Traveler in balance with the type and duration of the package, and provided what set out at the above clause the Traveler can withdraw from the contract, or ask for a price reduction as per following art. 16. and be entitled for damage compensation in terms of law. If the Package includes transportation the Organizer shall provide the return with equivalent means of transport at no extra cost for the Traveler.
15.6 As long as it is impossible to ensure the Traveler’s return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, the Organizer shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per Traveler. Where longer periods are provided for in Union passenger rights legislation applicable to the relevant means of transport for the Traveler’s return, those periods shall apply.
15.7 The limitation of costs referred to the above art 15.6 shall not apply to persons with reduced mobility, as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006, and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that the Organizer has been notified of their particular needs at least 48 hours before the start of the package.
16) PRICE REDUCTION AND COMPENSATION FOR DAMAGES
16.1 The Traveler is entitled to an appropriate price reduction for any period during which there was lack of conformity, unless the Organizer proves that the lack of conformity is attributable to the Traveler.
16.2 The Traveler shall be entitled to receive appropriate compensation from the Organizer for any damage which the Traveler sustains as a result of any lack of contract conformity.
16.3 The Traveler shall not be entitled to compensation for damages if the Organizer proves that the lack of conformity is:
- attributable to the Traveller;
- attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or
- due to unavoidable and extraordinary circumstances.
16.4 Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a travel service which is part of a package, the same limitations shall apply to the Organizer. Such limits are fixed in accordance with the Italian law.
16.5. The present contract expressly limits the responsibility of the Organizer in not less than 3 times the price of the Tourist Package, except in cases of damages to the person caused intentionally by the Organizer.
17) OBLIGATION TO PROVIDE ASSISTANCE
17.1The Organizer must give appropriate assistance without undue delay to the Traveler, in difficulty, including circumstances as per above art. 15.7., in particular by providing appropriate information on health services, local authorities and consular assistance; and assisting the Traveler to make distance communications and helping the Traveler to find alternative travel arrangements.
17.2 The Traveler may address messages, requests or complaints in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, requests or complaints to the Organizer without undue delay. Any failure in doing this will limit or nullify any compensation request.
17.3 The Organizer shall be able to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the Traveler or through the Traveler’s negligence.
18) RETAILER’S RESPONSIBILITY
Retailers shall clearly specify their role of intermediaries, and are exclusively responsible within the terms of the mandate assigned to them by the Traveler with the stipulation of an intermediary travel contract, or in cases of lack of due diligence and professional competences and capabilities.
19) INSURANCE FOR CANCELLATION OR REPATRIATION
19.1 Unless already included in the price, the Organizer recommends the Traveler to stipulate adequate insurance policies to cover cancellation costs, as well as costs consequents to illness, injury, repatriation or lost baggage.
Such policies shall be requested by the Traveler to the Organizer at the moment of the booking.
It is understood that the insurance contract is between the Traveler and the insurance company. The Traveler shall carefully read the Insurance contract clauses before signing the contract. The Organizer is not responsible for the Insurance policy contract as per art. 1905 of the Civil Code.
19.2 Travelers are responsible for communicating to the Organizer at the time of booking any specific needs or exigencies which shall imply the stipulation of particular additional insurance policies, other the ones proposed by the Organizer or already included in the Tourist Package.
20) ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
The Organizer will inform the Traveler as regards the current complains procedures and methods relevant to the Alternative Dispute Resolution (ADR) in accordance with the Legislative Decree 6/9/2005, n.206 and (UE) regulation n. 524/2013.
21) TRAVELER GUARANTEES
- Italian Organizers or Retailers are covered by Civil Responsibility insurance policies against damages deriving from their contractual obligations. In conformity with the present article Montepisano Dmc Territorio Ospitale di Timesis srl declares to be covered by Third Party Liability insurance stipulated with ALLIANZ S.P.A., Policy n.
- Tourist Packages are protected from insolvency or bankruptcy of the Organizer by the “National Guarantee Fund for the Traveler” (Art 50-52 Tourist Code) which grant the Traveler, upon his express request, for the reimbursement of services entirely or partially not enjoyed, or the immediate repatriation (as well as any costs relevant to accommodation and meals before repatriation) when included in the Tourist Package price. Alternatively the Traveler can be offered the continuation of the Tourist Package in accordance to the procedures set out in art 40 and 42 of the Tourist Code.
The procedure to apply to the Fund is defined by Decree of the President of the Council of Ministers, in conformity with art. 21 no. 5, Legislative Decree 111/95).
Montepisano DMC in its role of Organizer contributes to implement the Guarantee Fund, as per paragraph 2 of article 51 of legislative decree 23/5/2011 by the payment of a mandatory insurance premium, as per art. 6 of Ministerial Decree 349/99. Ins. Company is: FILODIRETTO PROTECTION Policy n. 6006001189/T
22) SINGLE TOURIS SERVICES AND LINKED TRAVEL ARRANGEMENTS
22.1 Single tourist services, such as transportation only, hotel only, or any other separated tourist services do not construe a travel organization or a tourist package and are not covered by the protections set out in the Tourist Code. Such services will be ruled by the general terms and conditions of each single supplier who will be responsible for their correct executions within the terms fixed in the suppliers’ contracts.
22.2 Traders facilitating linked travel arrangements shall provide security for the refund of all payments they receive from Travelers insofar as a travel service which is part of a linked travel arrangement is not performed as a consequence of their insolvency. If such traders are the party responsible for the carriage of passengers, the security shall also cover the Traveler’s repatriation.
- DATA PROTECTION
This contract is ruled by GDPR (General Data Protection Regulation) entered into force on 25th may 2018.
In order to process any bookings, send a brochure or respond to an enquiry, we might need to collect personal data from the Traveler. Depending on what’s required, the personal data collected by to Organizer may include names and contact details, or sensitive personal data (credit/ debit card, disability or medical condition, religious beliefs, dietary restriction which may). Any personal data will be used by the Organizer, or its collaborators, for administrative, or organizational reasons only, and will not be disclosed to any additional third parties, unless necessary for the correct execution of the contracts . Personal data are necessary for the correct contract execution.
Traveler is entitled to agree or disagree to the treatment of personal data.
The non agreement involves the impossibility for the Organizer to conclude the Traveler reservation.
Full GDPR rules are provided to the Traveler separately and also accessible in our website at the following link:
The responsible for the Data Protection under this contract is
Montepisano DMC Territorio Ospitale di Timesis srl
Largo Shelley, 20
56017 S. Giuliano Terme (PI) – Italy
REA 104974 – Reg. Imprese Pisa
This contract is ruled and governed by the Italian Law (and no other). Any dispute, claim or other matter of any description will be dealt by the Italian Court of Pisa.
COMPULSORY COMMUNICATION ex art. 17 of law n. 38/2006
Italian Law punishes with imprisonment any crimes related to prostitution and child p