1. Content of this Travel Contract
The travel contract includes these general conditions, the description of the tourist package included in the catalog or in a separate travel program, as well as the booking confirmation for services requested by the Client. The booking confirmation is sent by the Organizer to the travel agency, which acts as the Client’s agent, where the Client has the right to receive it.
2. Definitions
For the purposes of this contract, the following terms have the meaning indicated here:
A. Travel Organizer: the entity that, in its own name and for a flat-rate price, undertakes to provide tourist packages to third parties, combining the elements referred to in Article 3 below, or offering tourists, including through distance communication, the possibility to independently compose and purchase such packages;
B. Intermediary: the entity, not necessarily operating in the tourism sector nor necessarily for profit, that sells or undertakes to provide tourist packages as specified in Article 3 below, for a flat-rate price;
C. Client: the purchaser, the person who buys the tourist package, or anyone else to be named – provided they meet all the requirements for using the service – on whose behalf the main contracting party undertakes to purchase a tourist package without receiving any compensation.
3. Definition of Tourist Package
By Tourist Package we mean trips, vacations, “all-inclusive” tours and cruises that consist of a combination – arranged by anyone and in any way – of at least two of the following elements, sold or offered for sale at a flat-rate price:
a) transport;
b) accommodation;
c) tourist services that are not ancillary to transport or accommodation and that are offered to satisfy tourists’ recreational needs and constitute a significant part of the package.
4. Bookings
Booking is made through a specific form, of which the Client has the right to request and receive a copy. The contract is considered concluded when the Organizer delivers the booking confirmation to the Client – at the intermediary agency. This confirmation can also be provided electronically.
5. Payments
5.1. When signing the tourist package request form, the Client must pay the registration or handling fee and a deposit equal to 25% of the package price, as published in the catalog or communicated by the Organizer. This amount is paid as a deposit. The balance must be paid no later than 30 days before the departure/event date. If the subscription occurs within 30 days before departure, the Client must pay the full amount upon signing.
5.2. Failure to pay the amounts by the scheduled deadlines results in the nullity of this contract.
6. Price
6.1. The price of the tourist package is determined in the contract based on what is indicated in the catalog or in a separate travel program and based on any subsequent updates to them.
6.2. The price can be modified up to 20 days before departure and only following variations in: transport costs, including fuel costs; duties and taxes on certain tourist services, such as taxes, landing/boarding fees at ports and airports; exchange rates applicable to the package. Such variations will be calculated based on the rates and tariffs in force on the date of publication of the travel program as reported in the catalog or in subsequent updates to the catalog or separate programs. Price fluctuations will affect the deposit amount to the extent expressly indicated in the catalog or in the specifications of the separate program.
6.3. Under no circumstances may increases in the tourist package price exceed 8% of the original amount.
7. Modifications or Cancellations of the Package before Departure
7.1. Before departure, if the Organizer or Seller must significantly modify one or more elements of the contract, they will give written notice to the Client, specifying the type of modification and any price variation. In case of non-acceptance, the Client may obtain a refund of amounts already paid or opt for an alternative package of equal or higher value without supplement, or of lower value with refund of the difference.
7.2. The Client can exercise the above rights also when the trip is canceled due to failure to reach the minimum number of participants provided for in the catalog or separate program not included in the catalog, or due to force majeure or fortuitous events that affect the purchased package.
7.3. For certain trips, a minimum number of participants is required. If this minimum is not reached within 10 days before departure (or within the different term indicated in the program), the Organizer has the right to cancel the trip. The Client will be informed of the cancellation due to failure to reach the minimum by the tenth day before departure.
7.4. In any case, the Organizer reserves the right to cancel the trip due to force majeure, including – by way of example and not exhaustively – adverse weather conditions that prevent the activity from taking place.
7.5. If the cancellation depends on causes other than force majeure, fortuitous events or failure to reach the minimum, as well as causes other than the Client’s refusal to accept an alternative package offered to them, the Organizer will pay the Client compensation equal to double the amounts already paid by them. This compensation may not exceed double the amount that the Client would have been required to pay on the cancellation date pursuant to Article 8, paragraph 4, if the Client had withdrawn.
8. Client Withdrawal
8.1. The Client may withdraw without penalties in the following cases: price increase, pursuant to Article 6, exceeding 8%; significant modification of one or more essential elements of the contract, objectively fundamental for the execution of the entire package, occurring after signing and before departure and not accepted by the Client.
8.2. In such cases, the Client has the right to: accept an alternative package, without supplement if of equal value, or with refund of the difference if of lower value; receive a refund of amounts already paid. The refund must occur within seven working days of receiving the request.
8.3. The Client must communicate in writing their decision to accept the modifications or withdraw within two working days of notification of the increase or modification. In default, the Organizer’s offer is considered accepted.
8.4. In case of withdrawal for reasons other than those indicated in paragraphs 8.1 and 7.1, the Client will be required – regardless of the deposit referred to in §5.1 – to pay an individual handling fee, a penalty in the amount provided for in these conditions or in the specific list of the catalog/separate or customized programs, as well as insurance premiums for coverage requested upon signing and other services already provided.
8.5. For pre-established groups, the amount will be agreed case by case upon signing.
8.6. The intention to withdraw must be communicated to the PEC address timesis@pec.it or by registered mail with return receipt to: Montepisano Territorio Ospitale DMC, Via Niccolini, 7 – 56017 San Giuliano Terme (PI).
8.7. Pursuant to Art. 32, c. 2, Tourism Code, for contracts concluded at a distance or outside commercial premises (Arts. 50 and 45 Legislative Decree 206/2005), the withdrawal rights referred to in Arts. 64 et seq. Legislative Decree are excluded. 206/2005.
9. Cancellation Penalties
9.1. In case of Client withdrawal, a penalty is due calculated based on the days remaining until departure. The day of withdrawal communication is not counted.
9.2. Written communication must arrive no later than the last working day before departure.
9.3. Penalties:
a) up to 31 days before: 10% of the total amount;
b) from 30 to 21 days before: 25%;
c) from 20 to 11 days before: 50%;
d) from 10 to 4 days before: 75%;
e) in the last 3 days before: 100%.
9.4. The above amounts are also due from those who cannot participate due to missing/irregular travel documents.
9.5. No refund for no show or voluntary interruption of the trip/stay.
10. Modifications after Departure
10.1. If, after departure, the Organizer cannot provide an essential part of the services for causes not attributable to the Client, they will provide alternative solutions without additional costs. If of lower value, they will recognize a partial refund equal to the difference.
10.2. If it is not possible to provide alternatives or the Client does not accept them for justified reasons, the Organizer will make available a return transport equivalent to the one provided, to the departure point or another agreed location, compatible with availability and seats.
10.3. Additionally, they will recognize a partial refund equal to the difference between the cost of contractual services and that of services actually provided until early return.
11. Substitutions
11.1. The Client (hereinafter, in this article, also “Transferor”) may be substituted by another person, provided that:
a) they give written notice to the Organizer at least 4 working days before departure, indicating the reason and personal details of the substitute (hereinafter, “Transferee”);
b) the Transferee satisfies all conditions for using the service, particularly regarding passport, visas, health certificates;
c) the services or alternatives can be provided following the substitution;
d) the Transferor reimburses the Organizer for all additional expenses for the substitution, according to the amount communicated in advance.
11.2. Transferor and Transferee are jointly liable for payment of the balance and additional expenses mentioned above.
11.3. Additional procedures and conditions are reported in the trip specifications.
12. Modification of a Booking
If the Client requests modifications to an already confirmed booking, they must pay a handling fee equal to €30 per request and per person. The reduction in the number of participants and the request for date change within 30 days of departure are considered cancellations and subject to related penalties. The Organizer is not required to fulfill modification requests that are not feasible.
13. Client Obligations
13.1. During pre-contractual negotiations, the Client is provided with written documentation containing general information available at the date of catalog publication and regarding health obligations. Foreign citizens can obtain them from diplomatic representations in Italy and/or official information channels of their respective countries.
13.2. In any case, tourists are required to verify before departure the updating of such information and to comply with it. In default, no responsibility can be attributed to the Organizer or Intermediary for the impossibility of departing.
13.3. The Client must inform the Intermediary or Organizer of their citizenship and, upon departure, be in possession of all required vaccination certificates, individual passport and any other document valid in Italy, as well as residence and travel visas and other health certificates possibly required.
13.4. The Client must adhere to prudent and diligent behavior, to regulations in force in destination countries and to all Organizer instructions, including administrative or legal ones relating to the package. They are responsible for damages that the Organizer and/or Intermediary should suffer due to non-compliance with such obligations, including return expenses.
13.5. The Client must communicate in writing at the time of booking any particular personal requests that involve specific agreements, where feasible. They must also always inform the Intermediary and Organizer of personal needs or conditions (pregnancy, food allergies, disabilities, etc.) and expressly specify any requests for personalized services.
13.6. The Organizer or Intermediary who have paid compensation to the Client are subrogated, within the limits of the compensation, in the Client’s rights and actions against responsible third parties. The Client must provide the Organizer with all documents and information useful for exercising subrogation and will be responsible for any prejudice caused to such rights.
14. Hotel Classification
Official classifications of facilities are indicated in the catalog or other documentation, based on evaluations formalized or published by competent Italian authorities. In the absence of recognized official classifications, the Organizer reserves the right to indicate its own description of the facility, so that the Client can evaluate and accept it.
15. Liability Provisions
15.1. The Organizer is liable for damages suffered by the Client due to total or partial non-performance of contractual obligations, whether performed directly or through third-party suppliers.
15.2. The Organizer’s liability is excluded if they prove that the damage was caused by the Client (including autonomous initiatives during service execution), by third parties in an unforeseeable or unavoidable way, by circumstances unrelated to the provision of planned services, by fortuitous events or force majeure, or by circumstances that the Organizer, according to professional diligence, could not reasonably foresee or resolve.
15.3. The Intermediary where the package was booked is not bound by obligations relating to trip organization, but only by those specific to intermediary activity, and in any case within legal limits.
16. Complaints and Disputes
16.1. The Client who intends to file a complaint for contractual non-performance must do so promptly, so that the Organizer, their local representative or guide can remedy it.
16.2. Failure to promptly dispute will be considered in determining any compensation, which, pursuant to Art. 1227 of the Civil Code, may be reduced or excluded.
16.3. The Client must send the complaint by registered mail with return receipt to the Organizer or Intermediary, or via email to timesis@pec.it, within ten working days from the date of return to the departure location.
17. Insurance Coverage for Cancellation Penalties and Repatriation
If not expressly included in the price, the Client can purchase, at the time of booking from the Organizer or Seller, policies that cover cancellation penalties, accidents and baggage loss. The Client can also purchase a policy for repatriation expenses in case of accidents, illnesses, fortuitous events and/or force majeure. Rights arising from the policy are exercised exclusively against the issuing insurance company, according to conditions and methods provided therein.
18. Guarantee Fund
The National Guarantee Fund, established to protect clients who sign travel contracts, intervenes, in case of insolvency or bankruptcy of the Intermediary or Organizer, for:
a) refund of amounts paid;
b) repatriation in case of foreign travel.
The Fund’s intervention procedures are established by D.P.C.M. July 23, 1999, n. 349 and refund requests to the Fund are not subject to prescription.
19. Applicable Law
19.1 These contractual conditions are governed by Italian law.
19.2 Should these conditions also be published in English, in case of dispute the Italian version prevails.
20. Competent Jurisdiction
20.1 If the Customer qualifies as a consumer under art. 3 of the Consumer Code (Legislative Decree no. 206/2005), any dispute relating to these conditions, if not resolved amicably, is subject to the exclusive jurisdiction of the court of the Customer’s place of residence or domicile.
20.2 If the Customer does not qualify as a consumer, the dispute is subject to the exclusive jurisdiction of the Court of Pisa (Italy).
ADDENDUM
Terms of sale for individual tourist services
A) REGULATORY PROVISIONS
Contracts that cover only transport, only accommodation, or any other disaggregated tourist service that cannot be qualified as part of a travel contract or tourist package offered by an organization are governed by the following provisions of the International Convention on Travel Contracts (CCV): art. 1, paragraphs 3 and 6; arts. 17–23; arts. 24–31 (limited to provisions that do not refer to contracts with organizations). These contracts are also governed by additional agreements relating to the purchase and sale of individual services. Sellers who provide third parties with non-combined tourist services, including electronically, are required to issue and deliver to the Customer all documentation relating to such services, also indicating the amount paid, and cannot under any circumstances be considered travel organizers.
B) CONTRACTUAL CONDITIONS
These contracts are also subject to the following clauses of the general conditions of the tourist package contract set out above: art. 4; art. 5; art. 13; art. 16. The application of these articles does not transform the services into a tourist package. The terms used in the cited articles and referring to the package (Organizer, Trip, etc.) must be understood as referring to the corresponding terms in the individual tourist service sales contract (Seller, Stay, etc.).
Specific Consent
Pursuant to arts. 1341 and 1342 of the Civil Code, the parties declare that they specifically approve clause 21.2 of the contractual conditions (competent jurisdiction).
Information on Personal Data Processing (Art. 13 Legislative Decree 196/03)
The processing of personal data, necessary for the conclusion and execution of this contract, is carried out on paper and in digital format. The data will be communicated exclusively to the suppliers of services included in the package. The Customer may exercise at any time the rights referred to in art. 7 of Legislative Decree 196/03 by writing to info@montepisano.travel.
Data controller: Montepisano Territorio Ospitale DMC di Timesis srl.
Administrative Authorization
Montepisano Territorio Ospitale DMC di Timesis srl operates as a tour operator and travel agency with authorization from the Province of Pisa dated September 15, 2014, Protocol no. 225817.
Travel insurance: Allianz Global Assistance, policy no. 196607 dated August 29, 2014.
