General conditions of sale of tourist packages – Pre-contractual information


General conditions of sale of tourist packages – Pre-contractual information – Privacy and data processing

Dear User (hereinafter you will be identified as the “Tourist”), hereinafter the contractual and pre-contractual conditions governing the sale of the package that you have chosen (the “Contract”), offered by:

Enotria Viaggi S.r.l., with registered office in Piazza Europa n. 9, 87100 Cosenza, tax code and VAT number: 03613870785, registered at the Chamber of Commerce of Cosenza REA number: CS-246980, in the person of the legal representative Carlo Stumpo.

1. REGULATORY SOURCES AND TRAVEL CONTRACT

  1. The purchase and sale of a tourist package, whether it concerns services to be provided in Italy or abroad, is regulated, in addition to these conditions, by the provisions of Law no. 1084 of 27/12/1977 ratifying and implementing the International Convention on travel contracts (CCV), signed in Brussels on 23.4.1970, as applicable, and by Legislative Decree no. 79 of 23/05/2011 (the so-called Tourism Code), as amended by Legislative Decree 62 of 1.5.2018.

  2. Tourists have the right to receive a copy of the contract of sale of a tourist package (pursuant to art. 36 of the Tourism Code, as amended by Legislative Decree no. 62 of 21/05/2018).

  3. With regard to contracts negotiated away from business premises (defined in article 45, paragraph 1, letter h, of Legislative Decree no. 206 of 6 September 2005), a copy or confirmation of the contract of sale of tourist package is provided to the Traveler on paper or, if the Traveler consents, on another durable medium.

  4. The contract constitutes the right to access the guarantee fund referred to in art. 21 below.

2. DEFINITIONS

  1. Travel Organizer: the professional who combines packages and sells them or offers them for sale directly or through or together with another professional;

  2. Seller: the professional, other than the Organizer, who sells or offers for sale combined packages from an Organizer;

  3. Tourist-Traveler: anyone wishing to enter into a contract, or enters into a contract or is authorized to travel under a contract entered into, within the scope of the Law on Organized Tourism Contracts.

  4. Professional: any public or private natural or legal person who, in the context of his or her commercial, industrial, craft or professional activity in the contracts for organised tourism acts, also through another person acting in his or her name or on his or her behalf, as an organizer, seller, professional facilitating related tourist services or tourist service provider, in accordance with the regulations set out in the Tourism Code.

  5. Tourist service: pursuant to art. 33, paragraph 1, letter a, of the Tourism Code (as amended by Legislative Decree no. 62 of 21/05/2018), tourist service means: (i) the transport of passengers; (ii) accommodation that does not form an integral part of the transport of passengers and is not intended for residential purposes, or for long-term language courses; (iii) the rental of cars, other motor vehicles pursuant to the decree of the Minister of Infrastructure and Transport of 28 April 2008, published in the Official Gazette of the Italian Republic n. (iv) any other tourist service which does not form an integral part of one of the tourist services referred to in numbers (i), (ii) or (iii), and is not a financial or insurance service;

  6. Tourist package: According to art. 33, paragraph 1, letter c, of the Tourism Code (as amended by Legislative Decree no. 62 of 21/05/2018) “package” means the combination of at least two different types of tourist services for the purpose of the same trip or the same holiday, if at least one of the following conditions is met:

    • these services are combined by a single professional, even at the request of the Traveler or according to his selection, before a single contract is concluded for all services;

    • such services, even if concluded under separate contracts with individual providers of tourist services, are: (a) purchased at a single point of sale and selected before the Traveler consents to payment; (b) offered, sold or invoiced at a fixed or inclusive price; (c) advertised or sold under the name ‘package’ or similar name; (d) combined after the conclusion of a contract whereby the trader allows the Traveler to choose between a selection of different types of tourist services, or purchased from separate professionals through linked computerized reservation processes where the Traveler’s name, payment reference and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more professionals and the contract with the latter or these professionals is concluded, at the latest, 24 hours after confirmation of the booking of the first tourist service.

  1. The combination of one of the tourist services referred to in art. 2.5, points (i), (ii), (iii) with one or more of the tourist services referred to in art. 2.5, point (iv) is not a package if the latter services do not represent a part equal to or greater than 25% of the value of the combination and are not advertised, nor otherwise represent an essential element of the same, or are selected and purchased only after the start of the execution of the first service included in the package.

  2. Durable medium: any instrument that allows the Traveler or professional to keep the information that is personally addressed to him so that he can access it in the future for a period of time appropriate to the purposes for which it is intended and that allows the identical reproduction of the information stored;

  3. Unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation, the consequences of which would not have been avoided even if all reasonable measures had been taken;

  4. Non-conformity: a failure to provide the tourist services included in a package.

  5. Point of sale: any retail premises, mobile or immovable, or retail website or retail website or similar online sales tool, even where retail websites or online sales tools are presented to travelers as a single tool, including telephone service.

3. MANDATORY INFORMATION – TECHNICAL DATA SHEET

  1. Technical organization name of T.O.: Enotria Viaggi S.r.l., with registered office in Piazza Europa n. 9, 87100 Cosenza, tax code and VAT number: 03613870785, registered at the Chamber of Commerce of Cosenza REA: CS-246980, in the person of the legal representative Carlo Stumpo, duly authorized by the region of Calabria;

  2. In application of art. 47, paragraph 1, of the Tourism Code, Enotria Viaggi S.r.l. is insured, for civil liability, with Unipol Sai policy No. 1/59454/319/166603961 deposited at the offices of Rome – Sub agency code: No. 22.

  3. The official information of a general nature on foreign countries, including that relating to the security situation, including health, and documents required for access to Italian citizens, are provided by the Ministry of Foreign Affairs through the website viaggiaresicuri.it or the Operations Center Telephone number 06 491115 and are therefore publicly available. Since these data are subject to changes and updates, the Tourist will consult these sources to verify the officially expressed formulation before proceeding with the purchase of the travel package. In the absence of such verification, no responsibility for the non-departure of one or more tourists can be attributed to the intermediary or to the organizer.

  4. Travel Guarantee Fund. Organized tourism contracts are backed by appropriate guarantees provided by the Organizer and the intermediary travel agent who, for travel abroad and travel that takes place within a single country guarantee, in cases of insolvency or bankruptcy of the intermediary or organizer, the reimbursement of the price paid for the purchase of the package and the immediate return of the tourist. Enotria Viaggi s.r.l. is a member of the Travel Guarantee Fund for the protection of travelers with certificate no. A/177.2532/6/2019. The certificate can be downloaded at this address http://www.garanziaviaggi.it/FileFirmati/2532CGPD22072019115317_Certificato_ENOTRIA_VIAGGI_s.r.l_.pdf.

    All useful information on how the Fund operates, such as those relating to claims for reimbursement, settlement and the rules of reference are available on the site www.enotriatour.it.

  5. Before the conclusion of the travel contract, the organizer and the seller communicate to the Traveler, as they do in this document, and the relative annex containing the technical specifications of the package chosen or to be chosen (“Quote”), the following information: (b) means of transport, characteristics and categories of transport, places, dates and times of departure and return, duration and place of intermediate stop and connections; in the event that the time is not yet established, the organizer informs the Traveler of the approximate time of departure and return; the name of the carrier who will operate your flight(s) within the time and in the manner provided for in Article. 11 of EC Reg. 2111/2005 is indicated on the confirmation sheet; any changes will be communicated to you promptly, in compliance with EC Reg. 2111/(d) the meals provided; (e) visits, excursions or other services included in the total agreed price of the package; (g) the language in which the services are provided; (h) whether the journey or holiday is suitable for persons with reduced mobility and, at the request of the Traveler, precise information on the fitness of the journey or holiday to meet the Traveler’s needs. Special requests regarding the provision and execution of certain services included in the tourist package, including the need for assistance at the airport for persons with reduced mobility, the request for special meals on board or in the place of stay must be made at the time of booking and be the subject of specific agreement between the Traveler and the Organizer, if necessary also through the agent travel agency; i) the total price of the package including taxes and all duties, taxes and other additional costs, including any administrative and handling fees, or, if these are not reasonably calculable before the conclusion of the contract, an indication of the type of additional costs that the Traveler may still have to bear; j) the method of payment, including any amount or percentage of the price to be paid as an advance and the timetable for the payment of the balance, or the financial guarantees that the Traveler is required to pay or provide; k) the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5, letter a, of the Tourism Code, before the start of the package for any termination of the contract in the event of failure to reach the number; l) general information concerning the conditions regarding passports and visas, including approximate times for obtaining visas, and the health formalities of the country of destination; m) information on the Traveler’s right to withdraw from the contract at any time before the start of the package upon payment of appropriate cancellation fees, or, if applicable, the standard cancellation fees required by the organizer pursuant to Article 41(1) and (2) of the Tourism Code; n) information on the optional or obligatory underwriting of insurance to cover the costs of unilateral withdrawal from the contract by the Traveler or the costs of assistance, including repatriation, in the event of accident, illness or death; o) the details of the coverage referred to in Article 47, paragraphs 1, 2 and 3 of the Tourism Code.

4. RESERVATIONS

  1. The booking request for the package of which the traveler has received information with this document and its attached / preventive, sent on a durable medium (pdf by e-mail) must be drawn up on the appropriate contractual form, if necessary electronic, completed in its entirety and signed by the customer, who will receive a copy. Acceptance of the booking is considered completed, with the consequent conclusion of the contract, only when Enotria Viaggi S.r.l. sends the relative confirmation, also by means of an electronic system, to the Tourist directly or to the selling travel agency.

5. PAYMENTS

  1. The deposit, equal to 30% of the price of the tourist package, unless otherwise specified in the estimate, must be paid at the time of booking or at the time of the binding request. The balance must be paid 30 days before the start of the trip unless otherwise stated in the estimate. For bookings after the above dates, the full amount must be paid at the time of booking or at the time of the request.

  2. Failure to pay the above amounts on the dates established constitutes an express termination clause such as to determine the resolution of right (by Enotria Viaggi S.r.l.), to be made by simple written communication, by fax, by e-mail, at the seller, or at the domicile, including electronic, where communicated, of the Traveler, with the consequent application of penalties under Art. 7.4.

6. PRICE

  1. The total amount due by the Tourist is determined with reference to what is indicated on the website or on the Quote attached to this document and to any updates of the same subsequently made and ritually communicated by e-mail on a durable medium (pdf) and consists of a) participation fee; b) cost of any insurance policies against the risks of cancellation and medical expenses or other services required; c) cost of any visas and entry and exit taxes from the countries of destination of the holiday. d) airport and port charges and taxes.

  2. It may be modified up to 20 days before departure and up to a maximum of 8% of the amount initially agreed, only as a result of changes in: 1) the price of passenger transport depending on the cost of fuel or other sources of energy; 2) the level of taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the implementation of the package, including landing fees, landing fees and boarding fees in ports and airports; 3) exchange rates applied to the package in question.

  3. For the calculation of such variations, reference will be made to the exchange rates (as per art. 3.4) and to the prices in force on the date of publication of the programme (and its updates) published on the website. As regards the cost of fuel, for special ITC flights, an adjustment to the price of the travel package may be applied as a result of the increase in the cost of air fuel (jet fuel). This adjustment will be contained between a minimum and a maximum value calculated by applying to the share from the website/offer per person the product between the percentages of incidence of the cost of air fuel on the price of the package the percentage increase in the parameter of air fuel resulting from the comparison between the price recorded in the second month before departure and that published on the website and posters / offers. However, commercial measures may be applied that improve on the above values. For scheduled flights and/or sea/river navigation, on the other hand, an adjustment equal to that requested by the Airlines/Navigation Companies may be applied.

  4. In the event of a reduction in the costs referred to in points 1, 2 and 3 above of art. 6.2, the Traveler has the right to a corresponding reduction in the price, without prejudice to the right of the organizer to deduct the administrative and management costs of the actual practices from the reimbursement due to the Traveler, of which he is required to provide proof at the request of the Traveler.

7. WITHDRAWAL OF THE TOURIST

  1. Tourists may withdraw from the contract, without paying penalties, in the following cases: a) increase in the price referred to in art.6 above in excess of 8%; b) significant change of one or more elements of the contract objectively configurable as essential for the use of the package tour as a whole considered and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the tourist; c) can not be met the specific requests made at the time of booking and already accepted by the organizer.

  2. In the cases mentioned above, the Tourist has the right to either:

    • to take advantage of an alternative tourist package, without extra charge or with the refund of the excess price, if the second tourist package has a value lower than the first;

    • the refund of only the part of the price already paid. This refund must be made within fourteen days of receipt of the request for reimbursement.

  1. The Tourist must give notice of his decision (to accept the change or to withdraw) no later than two working days from the moment in which he received the notice of increase or change. In the absence of express notice within the above period, the proposal made by the organizer is deemed to have been accepted.

  2. Tourists who withdraw from the contract before departure, except in the cases listed in the preceding paragraphs of this article, will be charged, as a penalty and regardless of the payment of the deposit referred to in art. 5 paragraph 1, the insurance premiums and the following percentages of the participation fee, calculated on the basis of how many days before the start of the trip was canceled (the calculation of days is intended to be from Monday to Friday, does not include that of withdrawal) whose notice must be received on a working day prior to the start of the trip:

    1. 10% of the participation fee up to 30 days before departure;

    2. 30% of the participation fee from 29 to 18 days before departure;

    3. 50% of the participation fee from 17 to 10 days before departure;

    4. 75% of the participation fee from 9 to 3 days before departure;

    5. 100% of the participation fee after these terms. The booking of travel packages or individual tourist services may provide for practical management fees whose amount, when present, will be specified in the estimate.

The same amounts must also be paid by those who could not make the trip for lack or irregularity of the required personal documents of expatriation.

No refund is due to the Traveler who does not show up on the day of arrival or who decides to interrupt the trip or stay already undertaken.

These fees may also be applied in the case of pre-established groups, and, in any case, expressly indicated in the contract relating to them.

  1. If the insurance covering cancellation events has been taken out, the insurance may be requested to reimburse the penalties in the cases and according to the procedures provided for in the policy conditions.

  2. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity which have a substantial impact on the execution of the package or on the transport of passengers to the destination, the Traveller has the right to withdraw from the contract, before the start of the package, without any penalty, and to full reimbursement of payments made for the package, but has no right to additional compensation.

8. MODIFICATIONS REQUESTED BY THE TOURIST

  1. It is not possible, after the booking confirmation, to make changes to any service of the travel package.

  2. If the Tourist wishes to change one or more of the services included in the package (e.g. departure date, departure airport, destination, hotel, etc.), he must cancel the booking and make a new one with an updated rate and availability at the time of the new booking. In addition, the changes (total or partial) requested after the reservation has already been confirmed by Enotria Viaggi S.r.l. may result in the charging of Change Fees and any penalties charged by suppliers.

  3. Enotria Viaggi S.r.l. may charge fees as a practical management fee for the booking of packages or individual tourist services, the amount of which will be expressly indicated in the estimate.

ASSIGNMENT OF THE CONTRACT

  1. The Tourist may assign the contract to a third party provided that: a) he informs the Organizer in writing at least seven days before the scheduled date of departure, communicating all the personal data of the substitute; b) the transferee meets all the conditions for the use of the Tourist Package (passport, visas, health certificates, physical fitness, age requirements, etc..); c) the transferee reimburses the Organizer for all additional costs incurred for the replacement.

  2. The transferor and the transferee are jointly and severally liable to the Organizer for the payment of the price of the Tourist Package, as well as any other replacement costs.

  3. The organizer informs the transferor of the actual costs of the transfer, which cannot be unreasonable and do not exceed the actual costs incurred by the organizer as a result of the transfer of the tourist package contract, and provides the transferor with proof of the rights, taxes or other additional costs resulting from the transfer of the contract.

  4. In the case of a travel contract with air transport for which tickets have been issued at a reduced rate and non-refundable, the transfer may involve the issue of new air tickets with the rate available on the date of the transfer.

  5. Any discounts granted to the transferor may be removed from the new reservation if the transferee does not meet the requirements.

  6. If the communication of replacement is made late with respect to the above deadline, the Organizer may refuse the replacement and apply the penalties for withdrawal by the Tourist as per Art. 7.4.

  7. For the replacement of the passenger previously notified, Enotria Viaggi S.r.l. may charge fees as a practical management fee for the booking of packages or individual tourist services, the amount of which will be expressly indicated in the estimate.

10. MODIFICATION OR CANCELLATION OF THE PACKAGE BEFORE DEPARTURE BY THE ORGANIZATION

  1. The Organizer reserves the right to unilaterally modify the conditions of the contract, other than the price, if the modification is of minor importance. The communication is made clearly and precisely through a durable medium, such as e-mail.

  2. Before departure, the organizer or intermediary who needs to significantly modify one or more elements of the contract, or who cannot satisfy the specific requests formulated by the Traveler and accepted at the time of confirmation, shall immediately inform the Tourist in writing, indicating the type of modification and the resulting change in price.

  3. If the Tourist does not accept the modification proposal referred to in paragraph 2, he may alternatively exercise the right to repurchase the amount already paid or to enjoy the offer of a replacement tourist package in accordance with art. 7.2.

  4. For cancellations other than those caused by force majeure, unforeseeable circumstances and failure to reach the minimum number of participants, as well as for those other than the non-acceptance by the tourist of the alternative tourist package offered, the organizer who cancels, (Art. 33 lett. and Cod. Cons.) will return to the tourist twice as much as he paid and collected by the organizer, through the travel agent.

  5. The amount to be refunded will never be greater than double the amounts for which the Tourist would be liable on the same date according to the provisions of art. 7.4 if he were to cancel.

  6. The organizer may withdraw from the tourist package contract and offer the Traveler a full refund of the payments made for the package, but is not obliged to pay additional compensation if:

    • the number of persons registered in the package is lower than the minimum number stipulated in the contract and the organizer notifies the Traveler of the withdrawal from the contract within the period stipulated in the contract and in any case no later than twenty days before the start of the package in the case of journeys lasting more than six days, seven days before the start of the package in the case of journeys lasting between two and six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;

    • the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the Traveler of the withdrawal without undue delay before the start of the package.

11. OPTIONAL EXCURSIONS AND OTHER SERVICES PURCHASED LOCALLY

  1. The responsibility of the TO is assumed with exclusive reference to the services included in this package (see attachment). The excursions and other services available in the destination locations (even if described on the website) are not the subject of the travel package, as they are not organized or sold by Enotria Viaggi S.r.l.. Our assistants and correspondents, possibly for a fee to be determined upon express request, will assist you in booking and purchasing the excursions you intend to make, but in no case Enotria Viaggi S.r.l. may be called to account for any disruption during the execution of the same.

12. OBLIGATIONS OF PARTICIPANTS

  1. During the negotiations and in any case before the conclusion of the Contract, Italian citizens are provided, in writing, with general information – updated to the date of publication on the website – relating to health obligations and the documentation necessary for expatriation.

  2. For the regulations relating to the expatriation of minors, reference is expressly made to the information provided on the website of the State Police. It should be noted, however, that minors must be in possession of a valid personal document for expatriation or passport, or for EU countries, including identity card valid for expatriation. As regards the expatriation of children under 14 years of age and the expatriation of minors for whom the authorization issued by the Judicial Authority is required, the prescriptions indicated on the website of the State Police http://www.poliziadistato.it/articolo/191/ must be followed.

  3. Foreign citizens will find the corresponding information through their diplomatic representations in Italy and / or the respective official government information channels.

  4. In any case, tourists will ensure, before departure, to check with the competent authorities (for Italian citizens, the local police headquarters or the Ministry of Foreign Affairs through the site viaggiaresicuri.it or the Operation Center Telephone number 06.491115) adapting before travel. In the absence of such verification, no responsibility for the non-departure of one or more tourists can be attributed to the seller or the organizer.

  5. Tourists must inform the seller and the organizer of their citizenship and, at the time of departure, must definitely make sure that they have vaccination certificates, individual passports and any other documents valid for all countries affected by the itinerary, as well as visas for stay, transit and health certificates that may be required.

  6. In addition, in order to assess the health and safety situation of the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the tourist will find (using the information sources indicated in paragraph 2) the official information of a general nature at the Ministry of Foreign Affairs disclosed through the institutional website of the Farnesina www.viaggiaresicuri.it which expressly indicates whether or not the destinations are subject to formal discouragement.

  7. The above information is not contained in the T.O. catalogs – online or on paper – as they contain general descriptive information as indicated in art. 34 of the Tourism Code and not information that changes in time. The same therefore must be taken care of by tourists. If, at the time of booking, the destination chosen is, according to the institutional information channels, a place that is not recommended for safety reasons, the Traveler who subsequently exercises the right of withdrawal cannot invoke, for the purposes of exemption from or reduction of the request for compensation for the withdrawal made, the disappearance of the contractual cause connected with the safety conditions of the country.

  8. They must also comply with the rules of normal prudence and diligence and the specific rules in force in the countries of destination of the trip, all the information provided to them by the organizer, as well as the regulations and administrative or legislative provisions relating to the tourist package. Participants will be held responsible for all damages that the organizer may suffer due to their failure to comply with the above obligations.

  9. Tourists are obliged to provide the organizer with all documents, information and elements in their possession that are useful for the exercise of the organizer’s right of subrogation against third parties responsible for the damage and are liable to the organizer for any damage caused to the right of subrogation.

  10. The Tourist is also required to communicate, in writing, to Enotria Viaggi s.r.l., at the time of booking, the particular personal requests that may be the subject of specific agreements on travel arrangements, provided that it is possible to implement.

  11. Tourists are always required to inform the Intermediary and the organizer of any special needs or conditions (pregnancy, food intolerance, disabilities, etc..) and to explicitly specify the request for personalized services.

  12. Finally, the Tourist is obliged to promptly inform the organizer (directly or through the seller) about any lack of conformity detected during the execution of the travel contract, in accordance with the obligations of fairness and good faith under Articles 1175 and 1375 of the Civil Code.

13. HOTEL CLASSIFICATION

  1. The official classification of hotel facilities shall be provided on the website only on the basis of the express and formal instructions of the competent authorities of the country where the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the countries also members of the EU to which the service refers, Enotria Viaggi S.r.l. reserves the right to provide its own description of the accommodation, such as to allow an assessment and subsequent acceptance thereof by the tourist.

14. LIABILITY REGIME

  1. The organizer is responsible for the execution of the tourist services provided for by the tourist package contract, regardless of whether these tourist services are provided by the organizer himself, by his auxiliaries or agents when acting in the exercise of their functions, by third parties whose work he uses or by other providers of tourist services, pursuant to Article 1228 of the Civil Code, unless it proves that the event was caused by the Tourist (including initiatives taken by the latter independently in the course of the tourist services) or by the fact of a third party of an unforeseeable or inevitable nature, by circumstances unrelated to the provision of the services provided in the contract, by chance, by force majeure, or by circumstances that the same organizer could not, according to professional diligence, reasonably foresee or resolve.

  2. The Tourist, pursuant to Articles 1175 and 1375 of the Civil Code, informs the organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service provided for in the tourist package contract.

  3. If one of the tourist services is not performed as agreed in the tourist package contract, the organizer will remedy the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect.

  4. With the exception of the exceptions set out in paragraph 3, if the organizer does not remedy the lack of conformity within a reasonable period set by the tourist in relation to the duration and characteristics of the package, by means of the complaint made pursuant to paragraph 2, the Traveler may remedy the defect himself and request reimbursement of the necessary, reasonable and documented expenses; if the organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the Traveler does not need to specify a deadline.

  5. If a lack of conformity, pursuant to art. 1455 of the Civil Code, constitutes a failure of not insignificant importance of the tourist services included in a package and the organizer has not remedied within a reasonable period established by the tourist in relation to the duration and characteristics of the package, with the dispute made pursuant to paragraph 2, the Traveler may, without charge, terminate with immediate effect the contract of the package or, if appropriate, request a reduction in the price, without prejudice to any compensation for damages under Article. 43 of the Tourism Code (as amended by Legislative Decree no. 62/2018). In case of cancellation of the contract, if the package includes the transport of passengers, the organizer also provides for the return of the Traveler with an equivalent transport without undue delay and without additional costs for the Traveler.

  6. If, as a result of circumstances beyond the control of the Organizer, it is impossible to provide, during the course of execution, a substantial part, in terms of value or quality, of the combination of tourist services agreed upon in the tourist package contract, the Organizer shall offer, at no extra cost to the Traveler, suitable alternative solutions of a quality, where possible equivalent to or higher than those specified in the contract, so that the execution of the package can continue, including the possibility that the Traveler’s return to the place of departure is not provided as agreed. If the proposed alternative solutions involve a package of lower quality than that specified in the tourist package contract, the Organizer shall grant the Traveler an appropriate price reduction.

  7. The Traveler may only reject the alternative solutions proposed if they are not comparable to what is agreed in the package holiday contract or if the price reduction granted is inadequate.

  8. If it is impossible to provide alternative solutions or the Traveler rejects the alternative solutions proposed, in accordance with paragraph 6, the Traveler is entitled to a price reduction. In the event of non-compliance with the obligation to make an offer referred to in paragraph 6, paragraph 5 shall apply.

  9. The Organizer is not responsible towards the Tourist for any non-fulfillment by the Travel Agency with which the Tourist Package has been booked.

  10. The Organizer, moreover, cannot be held responsible for any damage resulting from the provision of services by third parties and not part of the tourist package or that result from initiatives taken independently by the tourist during the trip. Furthermore, the Organizer will be responsible only for what its employees, agents and suppliers do or fail to do, if they at that time act in the exercise of their duties (for employees) or are conducting a job that the Organizer has asked them to do (for agents and suppliers).

15. LIMITS OF COMPENSATION

  1. Compensation for damages may not exceed the limits laid down in the CCV and other applicable international conventions, in conjunction with the national and international provisions in force, applicable to the obligation to compensate deducted by the party that is the owner of the obligation.

  2. According to art. 43, paragraph 5, of the Tourism Code, the compensation for damage due to the tourist, for lack of conformity of the services provided, may not exceed three times the total price of the package, except for compensation for personal injury or those caused intentionally or through negligence.

  3. The right to a reduction in price or compensation for damages for changes in the contract of sale of the package or the replacement package, is prescribed in two years from the date of return of the Traveler to the place of departure.

  4. The right to compensation for personal injury is statute-barred within three years from the date of the return of the Traveler to the place of departure or in the longer period for personal injury compensation under the provisions governing the services included in the package.

16. OBLIGATION TO PROVIDE ASSISTANCE

  1. The organizer shall provide appropriate assistance without delay to the Traveler in distress, including by providing appropriate information concerning health services, local authorities and consular assistance, and by assisting the Traveler in making distance communications and helping him or her to find alternative tourist services.

17. POSSIBILITY TO CONTACT THE ORGANIZER THROUGH THE SELLER

  1. The Traveler may send messages, requests or complaints regarding the execution of the package directly to the seller through whom he purchased it, which, in turn, forwards them promptly to the organizer.

  2. For the purposes of compliance with the time limits or periods of limitation referred to in Article 43 (paragraphs 7 and 8), the date on which the seller receives messages, requests or complaints referred to in the preceding paragraph, is considered the date of receipt for the organizer.

18. ALTERNATIVE DISPUTE RESOLUTION TOOLS

  1. According to 36, paragraph 5, letter g, of the Tourism Code (as amended by Legislative Decree no. 62/2018), the organizer may himself propose to the tourist – in the catalog, on its website or in other forms – alternative ways of resolving disputes that have arisen. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that this membership entails. The Organizer will always try to resolve any legitimate complaint in an amicable manner.

  2. Any dispute arising out of or in connection with the Contract, including those relating to the alleged total or partial nullity, void ability, interpretation, execution or possible termination of the same, is devolved to the exclusive jurisdiction of the Court of Cosenza.

19. RIGHT OF WITHDRAWAL OF OFF-PREMISES CONTRACTS

  1. Given that this contract, as stipulated via web/phone, is to be considered concluded away from business premises, without prejudice to the application of art. 50 C. Consumption, it is advisable to inform the Traveler who has the right to withdraw from the tourist package contract within a period of five days from the date of conclusion of the contract or from the date on which he receives the contractual conditions and preliminary information, if later, without penalty and without giving any reason.

  2. In the case of offers with significantly lower tariffs than competing offers, the right of withdrawal is excluded.

  3. In the case in question, the right of withdrawal is excluded because, as can be seen from the quote attached to this document, there has been a significant reduction in the sale price / offer of the travel package.

20. INSURANCE

  1. In application of art. 47, paragraph 1, of the Tourism Code, Enotria Viaggi S.r.l. is insured for civil liability with Unipol Sai policy no. 1/59454/319/166603961.

  2. If not expressly included in the price, it is possible and indeed advisable to take out, at the time of booking or at the travel agency, special insurance policies against expenses arising from the cancellation of the package, accidents and luggage.

21. GUARANTEE FUND

  1. Tourist packages, in accordance with art. 47, paragraph 2, of the Tourism Code (as amended by Legislative Decree No. 62/2018) are covered by insurance policies or bank guarantees that, for travel abroad and travel that takes place within a single country, including travel to Italy, in cases of insolvency or bankruptcy of the organizer or seller, guarantee, without delay at the request of the Traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the tourist, if the package includes transport, and, if necessary, the payment of board and lodging before returning.

  2. Enotria Viaggi S.r.l. has adhered to the Guarantee Fund TRAVEL GUARANTEE FUND. Tourists who have purchased a package tour organized or mediated by Enotria Viaggi S.r.l. are guaranteed by the Guarantee Fund A/177.2532/6/2019. In case of insolvency or bankruptcy tourists can contact the Travel Guarantee Fund mentioned above can be contacted at the following addresses: Tel: Emergency telephone 348.07.49.285 – Replies every weekday from 09:30 to 17:00 – email: fondo@garanziaviaggi.it

On the website www.enotriatour.it as well as on www.viaggiaresicuri.it you can consult information on how the Fund operates, refund requests, the rules of reference and download the application form for admission to the Fund “ADDENDUM: GENERAL CONDITIONS OF SALE CONTRACT SINGLE TOURIST SERVICES”.

22. REGULATORY PROVISIONS

  1. The contracts having as their object the offer of the only service of transport, stay, or any other separate tourist service, not being able to configure as a case of negotiation of organization of travel 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, as regards the provisions other than those relating to the contract of organization, as well as other agreements specifically referred to the sale of the individual service object of the contract.

23. TERMS AND CONDITIONS

  1. To these contracts are also applicable the following clauses of the general conditions of contract for the sale of tourist packages above: art. 4, art. 5, art. 7.4, art. 12, art. 13. The application of these clauses in no way determines the configuration of the relevant contracts as a tourist package. The terminology of the aforementioned clauses relating to the tourist package 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..).

  2. Mandatory communication according to art. 17 of the Law n.38/2006: The Italian law punishes with imprisonment the crimes concerning prostitution and child pornography, even if they are committed abroad.

24. PROCESSING OF PERSONAL DATA

  1. The collection of the Tourist’s personal data is carried out by the organizer directly in case of direct sale or through the seller with whom the same makes his reservation. At the time of collection of such data, the organizer, in case of direct sale, or the seller must provide the tourist with appropriate information in accordance with EU Regulation 679/2016 (GDPR). In any case, for the purposes of the aforementioned regulation, it should be noted that the Traveler is required to communicate to the seller and the organizer all your personal data as necessary for the performance of the obligations under this contract. The Organizer will process such data as an “independent data controller” in accordance with the law. The Organizer may communicate the Traveler’s data to any company (including external) and to the Authorities of the ports of call or hoteliers or tour operators or airlines, where necessary, to perform the obligations under this contract or where required by Italian or foreign legislation. The collection of data and its processing may be carried out either by electronic or paper means. This provision of data is mandatory and any refusal to process them by the Traveler will result in the inability to allow the provision of the requested service.

  2. Pursuant to articles 15 et seq. of the Regulation, the interested party has the right to request at any time, access to his personal data, rectification or cancellation of the same, as well as the limitation of treatment in the cases provided for in art. 18, obtain in a structured format, commonly used and readable by automatic device, the data concerning him, in the cases provided for in art. 20 of the Regulation. At any time, the data subject has the right to revoke the consent given pursuant to art. 7 of the Regulations, to lodge a complaint with the competent supervisory authority (Guarantor for the Protection of Personal Data) pursuant to art. 77 of the Regulations, if he or she considers that the processing of his or her data is contrary to the legislation in force.

  3. It is possible to formulate a request for opposition to the processing of data pursuant to Article 21 of the GDPR in which to give evidence of the reasons justifying the opposition: the Owner reserves the right to evaluate the request, which would not be accepted in the event of the existence of legitimate reasons binding to proceed with the processing that prevail over the interests, rights and freedoms of the person concerned. Requests should be addressed, in writing, to the Data Controller at the address: privacy@enotriatour.it.