GENERAL TERMS AND CONDITIONS OF ADVENTOURED'S TRAVEL
CONTENTS OF THE TOURIST PACKAGE CONTRACT
The description of the tourist package contained in the online catalog, or in the separate travel program, as well as the booking confirmation sent by the organizer , constitute an integral part of the tourist package contract as well as the following general conditions . . In signing the tourist package sale proposal, the traveler must keep in mind that it reads and accepts, for himself and for the subjects indicated in the contract, both the tourist package contract as regulated therein, and the warnings and conditions contained therein, and these general conditions.
1. LEGISLATIVE SOURCES
The sale of tourist packages and related tourist services is governed by the Tourism Code (articles 32-51- novies ) as amended by Legislative Decree 62/2018 which implements the EU Directive 2015/2302 and its subsequent amendments and by the provisions of the civil code on transport and mandate, as applicable.
2. ADMINISTRATIVE REGIME
The organizer and the seller of the tourist package, to whom the traveler addresses, must be authorized to carry out their respective activities on the basis of current legislation, including regional or municipal legislation and operate in accordance with the provisions therein. The organizer and the seller established on the Italian territory must be covered by an insurance contract for civil liability in favor of the traveler for compensation for damages deriving from the violation of the respective obligations assumed with the respective contracts. The tourist package organization contracts are backed by insurance policies or bank guarantees which, in the event of insolvency or bankruptcy of the organizer or the 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 traveler in the event that the package includes the transport of the traveler, as well as, if necessary, the payment of food and accommodation before the return. This obligation also applies to professionals who facilitate connected tourist services, for the reimbursement of all payments they receive from travelers.
3. DEFINITIONS
For the purposes of this contract we mean by:
"traveler": anyone who intends to conclude a contract, stipulates a contract or is authorized to travel on the basis of a concluded contract;
"Professional": any public or private natural or legal person who, in the context of his commercial, industrial, craft or professional activity, acts, in contracts for a tourist package or connected tourist service, including through another person who works in his name or for your account, as an organizer, seller, professional who facilitates related tourist services or as a supplier of tourist services, in accordance with current legislation;
"Organizer": a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits traveler data to another professional in accordance with letter c), number 2.4) of the art. 33 of the Tourism Code;
"Seller": the professional other than the organizer who sells or offers for sale combined packages by an organizer;
"Establishment": the establishment defined by article 8, paragraph 1, letter e), of the legislative decree 26 March 2010, n. 59;
"Durable medium": any tool that allows the traveler or professional to keep the information that is personally addressed to him in order to be able to access it in the future for a period of time appropriate to the purposes for which they are intended and that allows the identical reproduction of the information memorized;
“Unavoidable and extraordinary circumstances”: a situation beyond the control of the party invoking such a situation and the consequences of which would not have been avoided even by taking all reasonable measures;
"Lack of conformity": a non-fulfillment of the tourist services included in a package;
"Minor": person under the age of 18;
"Return": the return of the traveler to the place of departure or to another place agreed by the contracting parties.
4. CONCEPT OF TOURIST PACKAGE AND RELATED TOURIST SERVICE
4.1. A "tourist package" is the combination of at least two different types of tourist services (ie: 1. passenger transport; 2. accommodation that is not an integral part of passenger transport and is not intended for residential purposes or for courses long-term language; 3. the rental of cars, other vehicles or motor vehicles and requiring a category A driving license; 4. any other tourist service that is not an integral part of one of the tourist services referred to in numbers 1 ), 2) or 3), and is not a financial or insurance service, nor qualifying as a "supplementary tourist service") for the purposes of the same trip or vacation, if at least one of the following conditions occurs: these services are combined by a single professional, even at the request of the traveler or in accordance with his / her selection, before a single contract is concluded for all services; these services, even if concluded with separate contracts with individual tourism service providers, are:
2.1) purchased at a single point of sale and selected before the traveler agrees to payment; 2.2) offered, sold at a flat rate or global price; 2.3) advertised or sold under the name "package" or similar name;
2.4) combined after the conclusion of a contract with which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from distinct professionals through connected online booking processes where the name of the traveler, the details of the payment and e-mail address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or these latter professionals is concluded at the latest 24 hours after the confirmation of the booking of the first service tourist;
4.2. A "connected tourist service" is understood to be at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual tourist service providers, if a professional alternatively facilitates: 1) at the time of a single visit or a single contact with its sales point, the separate selection and separate payment of each tourist service by travelers; 2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of confirming the booking of the first tourist service.
5. TRAVELER INFORMATION - TECHNICAL SHEET
a) Provincial Authorization n. 2022-S039-00178 of the Autonomous Province of Trento
b) Insurance policies with the company Nobis Assicurazioni Professional Civil Responsibility n. 202552972;
c) Filo Diretto Protection Fund of Nobis Assistance Srl , policy no. 202553443. with registered office in Via Lanzo 29 in Borgato Torinese 10071 Turin tax code 02230970960 tel. 0399890991 mail: nobisassicurazioni@pec.it - www.nobis.it
5.1. Before the conclusion of the package travel contract or a corresponding offer, the organizer and the seller provide the traveler with the relevant "standard information form" and communicate the following information to the traveler: a) the main characteristics of the tourist services, such as: 1) the destination or destinations of the trip, the itinerary and periods of stay with relative dates and, if accommodation is included, the number of nights included; 2) the means, the characteristics and the categories of transport, the places, the dates and times of departure and return, the duration and the place of intermediate stop and the connections; in the event that the exact time has not yet been established, the organizer and, if applicable, the seller, inform the traveler of the approximate time of departure and return; 3) the location, the main characteristics and, where applicable, the tourist category of the accommodation in accordance with the regulations of the country of destination; 4) the meals provided; 5) visits, excursions or other services included in the agreed total price of the package; 6) the tourist services provided to the traveler as a member of a group and, in this case, the approximate size of the group; 7) the language in which the services are provided; 8) if the trip or vacation is suitable for people with reduced mobility and, at the request of the traveler, precise information on the suitability of the trip or vacation that takes into account the needs of the traveler; b) the trade name and geographical address of the organizer and, where present, of the seller, their telephone numbers and e-mail addresses; c) the total price of the package including taxes and all rights, taxes and other additional costs, including any administrative and handling costs, or, if these are not reasonably calculable before the conclusion of the contract, an indication the type of additional costs that the traveler may still have to bear; d) the methods of payment, including any amount or percentage of the price to be paid as an advance and the calendar for paying the balance, or the financial guarantees that the traveler is required to pay or provide; e) the minimum number of people required for the package and the deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for the eventual termination of the contract in case of failure to reach the number; f) general information concerning passport and visa conditions, including approximate times for obtaining visas and health formalities in the country of destination; g) information on the traveller's right to withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if applicable, of the standard withdrawal costs requested by the organizer pursuant to article 41 , paragraph 1; h) information on the optional or compulsory subscription of an insurance that covers the costs of unilateral withdrawal from the contract by the traveler or the costs of assistance, including return, in the event of accident, illness or death; i) the details of the coverage referred to in article 47, paragraphs 1, 2 and 3.
5.2. Official information of a general nature on foreign countries, including those relating to the security situation, including health and the documents required for access to Italian citizens, are provided by the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Operations Center. Telephone number 06.491115 and are therefore publicly available. Since these are data subject to changes and updates, the tourist will, by consulting these sources, 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 the organizer.
6. PURCHASE PROPOSAL - RESERVATIONS
6.1. At the time of the conclusion of the tourist package contract or, in any case, as soon as possible, the organizer or the seller provides the traveler with a copy or a confirmation of the contract on a durable medium. 6.2 The tourist package contract is understood to be finalized at the end of the purchase procedure on the portal by the customer, with the relative payment of the entire price or of the deposit according to the provisions of the individual case. 6.3 The traveler must communicate to the seller, before booking, any specific requests that are considered the subject of the contract only if possible, reported in writing in the contract and accepted by the organizer. 6.4 Travel documents (eg vouchers) will be delivered to the traveler after the expiry of the term referred to in the previous art. 5.1 lett. e) and in any case in good time before departure; the traveler must keep them and take them with him during the trip, in order to use the regularly booked services, together with any other documents (eg plane tickets) delivered by the seller. The traveler is required to verify the correctness of the data reported on the aforementioned documents and on the travel contract and to immediately notify the seller of any errors. The traveler must communicate to the organizer the data of the participants exactly as reported on the personal identity documents. 6.5. Any excursions, services or services purchased and paid for by travelers at their destination are unrelated to this contract. Therefore, no responsibility for this can be ascribed to the organizer or the seller, not even in the event that, as a courtesy, resident staff, companions, guides or local correspondents can take care of their booking.
7. PAYMENTS
7.1 In order to complete the purchase procedure of the tourist package, the customer must pay the entire amount of the package, or a deposit equal to 30% of the entire amount, with payment of the balance within 30 days before. departure; in the event of the conclusion of the contract within thirty days prior to the start of the experience, it will only be possible to pay the entire amount in a single solution at the conclusion of the purchase procedure. 7.2. Failure to pay the aforementioned sums, on the established dates, as well as failure to remit the sums paid by the traveler to the seller to the organizer, will result in the automatic termination of the contract by law, to be carried out by simple written communication, by fax or by e-mail. , at the domicile, also electronic, where communicated, of the traveler. The balance of the price is considered to have taken place when the sums reach the organizer directly from the traveler.
8. PRICE AND REVISION OF THE PRICE
8.1 The price of the tourist package is that shown on the attachment "standard information form" referred to in the previous art. 5.1, with reference to what is indicated on the organizer's website. It may be varied, up or down, only as a result of changes in: the price of passenger transport according to the cost of fuel or other energy sources; the level of fees and taxes on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation or embarkation taxes in ports and airports; exchange rates relevant to the package in question. A price increase is possible only upon communication on durable medium by the organizer to the traveler together with the justification for this increase and the calculation methods, at least 14 days before the start of the package. If the price increase exceeds 8% of the total package price, point 9.2 below applies. In the event of a decrease in the price, the organizer has the right 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. 8.2. The price consists of: a) registration fee or file management fee; b) participation fee: expressed in the catalog or in the quotation of the package provided by the seller to the traveler; c) cost of any insurance policies against the risks of cancellation, withdrawal and / or medical expenses or other services requested; d) cost of any visas and entry and exit taxes from the holiday destination countries; e) airport and / or port charges and taxes; f) VAT tax in effect on that date in Italy
9. MODIFICATION, WITHDRAWAL OF THE ORGANIZER OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
9.1. Before the start of the package, the organizer can unilaterally modify the conditions of the contract other than the price, provided that they are minor changes, communicating them to the traveler on a durable medium. 9.2. If, before the start of the package, the organizer is forced to significantly modify one or more main characteristics of the tourist services or cannot meet the specific requests previously accepted and expressly reported in the contract or proposes to increase the price of the package by more than 8%, the traveler, within a reasonable period specified by the organizer at the same time as the communication of the change, can accept the proposed change or withdraw from the contract without paying withdrawal costs. In the event of withdrawal, the organizer may offer the traveler a replacement package of equivalent or higher quality. The change communication indicates to the traveler the proposed changes, their impact on the package price, the deadline within which the traveler is required to inform the organizer of his decision and the consequences of the traveler's failure to respond within the aforementioned period, as well as any replacement package offered and the relative price. 9.3. If the changes to the package travel contract or the replacement package result in a package of lower quality / cost, the traveler is entitled to an appropriate price reduction. 9.4. In case of withdrawal from the tourist package contract pursuant to the previous paragraph, if the traveler does not accept a replacement package, the organizer will reimburse without undue delay and in any case within fourteen days of withdrawal from the contract all payments made by or on behalf of the traveler and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 of the Tourism Code apply. 9.5. The organizer can withdraw from the tourist package contract and offer the traveler a full refund of the payments made for the package, but is not required to pay additional compensation if: a) the number of people enrolled in the package is lower than the minimum required by the travel contract and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and in any case no later than: 20 days before the start of the package in the case of trips lasting more than 6 days, 7 days before the start of the package in the case of trips lasting between 3 and 6 days, 48 hours before the start of the package in the case of trips lasting less than 3 days; b) the organizer is unable to perform the contract due to unavoidable, extraordinary circumstances, unforeseeable circumstances and / or force majeure (by way of non-exhaustive example: adverse weather conditions, unexpected impossibility of travel and / or related administrative prohibitions to the route to be taken) and communicates the withdrawal from the same to the traveler without undue delay before the start of the package.
10. WITHDRAWAL OF THE TRAVELER
10.1 The traveler can withdraw from the contract at any time before the start of the package upon payment of adequate withdrawal costs, or, if foreseen, of the standard withdrawal costs (cancellation penalties) provided by the organizer, which depend on the chosen destination and on the moment in which the traveler withdraws from the departure date. In the absence of specification of the standard costs of withdrawal, in the event of withdrawal by the customer, the following penalties will be applied: if the withdrawal is notified within 45 days before the trip, 15% of the total amount will be retained; if notice of withdrawal between 45 days and 30 days before the trip, 30% of the amount will be retained; if notice of withdrawal within 30 days before the trip, the full amount will be withheld. 10.2. The traveler can take out insurance policies to cover the aforementioned unilateral withdrawal costs by the traveler or assistance costs, including return, in the event of injury, illness or death. Based on the chosen package, the organizer informs the traveler about the optional or compulsory subscription of these insurances. 10.3. The costs of withdrawal are not due for the cases provided for in the previous article 9.2. In the event of unavoidable and extraordinary circumstances occurring in the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract, before the start of the package, without paying withdrawal costs, and to the full reimbursement of payments made for the package, but is not entitled to additional compensation. 10.4. Pursuant to art ex art. 47 1st paragraph lett. g) Consumer Code, we inform you that the right of withdrawal is excluded in contracts concluded at a distance. Pursuant to art. 41 paragraph 7 cod. tourism, we inform you that in contracts negotiated away from business premises, in the case of offers with significantly reduced rates compared to competing offers, the right of withdrawal is excluded. The cancellation penalties provided for in the technical sheet are therefore applicable to the traveler / consumer who withdraws from the contract signed at a distance or away from business premises with significantly reduced rates compared to competing offers. Pursuant to Article 59 of the Consumer Code, Legislative Decree 6 September 2005, n. 206 amended following Legislative Decree 21 February 2014 n.21, the right of withdrawal is excluded in relation to contracts for the supply of accommodation, transport, car rental services, catering or services relating to free time activities, if the contract provides for a specific date or period for performance. Therefore, the cancellation penalties provided for and indicated in each individual service to the consumer who withdraws from the contract signed remotely or negotiated away from business premises are applicable to the consumer who withdraws from the contract before departure outside the hypotheses listed - regardless of payment. of the down payment - the individual booking cost (CIP), the insurance premiums, the cost of obtaining any visas and, in the case of advance issuance of the travel tickets, the Agency fees, the cost of the fuel surcharge even if expressed outside the main tariff component.
11. CHANGES AFTER DEPARTURE
11.1. If due to unexpected circumstances not attributable to the organizer it is impossible to provide, during the execution of the contract, a substantial part, in terms of value or quality, of the combination of the tourist services agreed in the tourist package contract, the organizer offers, at no extra charge. price to be paid by the traveler, suitable alternative solutions of quality, where possible equivalent or higher, than those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler 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 grants the traveler an adequate reduction in the price. 11.2. The traveler can reject the alternative solutions proposed only if they are not comparable to what was agreed in the tourist package contract or if the price reduction granted is inadequate. 11.3. If it is impossible to arrange alternative solutions or the traveler rejects the proposed alternative solutions, compliant with what is indicated in point 1, the traveler is entitled to a reduction in the price. In the event of non-fulfillment of the offer obligation, point 15.5 11.4 applies. Where, due to supervening circumstances not attributable to the organizer, it is impossible to ensure the return of the traveler as agreed in the tourist package contract, points 15.6 and 15.7 apply.
12. SUBSTITUTIONS AND TRANSFER OF THE CONTRACT TO ANOTHER TRAVELER
12.1 The traveler can have another person substitute himself as long as: a) the organizer is informed no later than seven days before the start of the package; b) the person to whom he intends to transfer the contract satisfies all the conditions for the use of the service and in particular the requirements relating to passport, visas, health certificates; c) the same services or other replacement services can be provided following the replacement; d) all administrative and practical management expenses are paid to the organizer to proceed with the replacement, to the extent that will be quantified before the transfer, providing, at the request of the transferor, proof relating to the rights, taxes or other additional costs resulting from the transfer . 12.2. The transferor and the transferee of the tourist package contract are jointly and severally liable for the payment of the balance of the price and any rights, taxes and other additional costs, including any administrative and management costs resulting from this transfer. 12.3. In application of art. 944 of the Navigation Code, the replacement will be possible only with the consent of the carrier. 12.4 If the traveler requests the variation of an element and / or tourist service of an already confirmed practice and provided that the request does not constitute a contractual novation and as long as it is possible to implement it, the organizer must pay the administrative and management costs to the organizer. and the costs resulting from the modification itself (in the event that the air ticket office has to be reissued, the transfer will result in the application of the air fare available on that date).
13. OBLIGATIONS OF TRAVELERS
13.1. During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided with general information concerning the conditions regarding passports and visas, including the approximate times for obtaining visas and the health formalities of the country of destination. 13.2. For the rules relating to the expatriation of Italian minors, please refer expressly to what is indicated on the website of the State Police. However, it should be noted that minors must be in possession of an individual document valid for expatriation (passport, or for EU countries, identity card valid for expatriation with indication of parents' names). Minors under the age of 14 and minors for whom authorization issued by the Judicial Authority is required, must follow the instructions indicated on the website of the State Police http://www.poliziadistato.it/ Articolo/191/. 13.3. Foreign citizens must be in possession of an individual passport and any entry visa and will be able to find the necessary and updated information through their diplomatic representations in Italy and / or their respective official government information channels. 13.4 Before departure, travelers will check with the competent authorities (for Italian citizens the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115) that their documents are in compliance with the information provided and to adapt in good time before the start of the package. In the absence of such verification, no responsibility for the non-departure of one or more travelers can be attributed to the seller or the organizer. 13.5 Travelers must in any case inform the seller and the organizer of their citizenship before the booking request and, at the time of departure, they must ensure that they are in possession of vaccination certificates, an individual passport and any other valid document for all Countries touched by the itinerary, as well as residence and transit visas and health certificates that may be required. 13.6. Furthermore, in order to assess the socio-political and health security situation and any other useful information relating to the countries and places of destination and in their immediate vicinity and, therefore, the objective usability of the services purchased or to be purchased and any substantial impact on the execution of the package, the traveler will have the burden of obtaining official information of a general nature from the Ministry of Foreign Affairs, and disclosed through the Farnesina institutional website www.viaggiaresicuri.it. The above information cannot be contained in the organizers' catalogs - online or in print - as they contain general descriptive information and not information subject to change by official authorities. The updated information must therefore be taken by travelers, viewing all the information present on the website of the Ministry of Foreign Affairs ("Countries", "Health on the road" and "Warnings" tabs). On the basis of the principle of diligence of a good father of a family, the traveler is required to verify the correctness of his personal documents and of any minors, as well as to obtain valid documents for expatriation according to the rules of his own State and the conventions that regulate the matter. The traveler must carry out the related formalities also considering that the seller or the organizer are not obliged to obtain visas or documents. 13.7. If, on the date of booking, the chosen destination results, from the institutional information channels, a location subject to a "discouragement" or "warning" for security reasons, the traveler who subsequently exercises the withdrawal cannot invoke, for the purposes of the exemption or reduction of the request for compensation for the withdrawal made, the disappearance of the contractual cause connected to the security conditions of the country. 13.8. Travelers must also comply with the rules of normal prudence and diligence and with the specific ones in force in the destination countries of the trip, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating to the tourist package. . Tourists will be held responsible for all damages that the organizer and / or the seller may suffer also due to non-compliance with the above obligations, including the expenses necessary for their repatriation. Furthermore, the organizer may require the traveler to pay a reasonable cost for the assistance provided, if the problem is caused intentionally by the traveler or through his own fault, within the limits of the costs incurred. 13.9. The traveler is required to provide the organizer or the seller with all the documents, information and elements in his possession useful for exercising the right of recourse against the subjects who caused or contributed to the occurrence of the circumstances or event from which the compensation, price reduction, compensation or other obligations in question are derived as well as of the subjects required to provide assistance and accommodation services under other provisions, in the event that the traveler cannot return to the place of departure as well as for the exercise of the right of subrogation towards third parties responsible for the damage and is responsible towards the organizer for the damage caused to the right of subrogation. 13.10. The traveler must always promptly notify the organizer, also through the seller, of any lack of conformity found during the execution of the package, as indicated in the following article 15.
15. LIABILITY OF THE ORGANIZER FOR IMPROPER EXECUTION OF THE PACKAGE
15.1 Pursuant to art. 42 Tourism Code, the organizer is responsible for the execution of all tourist services provided for in the tourist package contract, regardless of whether such tourist services must be provided by the organizer himself, by his auxiliaries or persons in charge when acting in the exercise of their functions, by third parties whose work it uses or by other tourism service providers, pursuant to article 1228 of the Civil Code. 15.2. The traveler, pursuant to articles 1175 and 1375 of the civil code, informs the organizer promptly, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service provided for by the tourist package contract. 15.3. If one of the tourist services is not performed as agreed in the tourist package contract, the organizer remedies the lack of conformity, unless this proves impossible or is excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the organizer does not remedy the defect, point 16 applies. 15.4. Without prejudice to the exceptions referred to in the previous paragraph, if the organizer does not remedy the lack of conformity within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made promptly pursuant to point 13.2, the traveler can remedy the defect personally and request reimbursement of the necessary expenses, provided they are reasonable and documented; 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. 15.5. If a lack of conformity, pursuant to Article 1455 of the Italian Civil Code, constitutes a non-negligible non-fulfillment of the tourist services included in a package and the organizer has not remedied it within a reasonable period established by the traveler in relation to the duration and the characteristics of the package, with the complaint made pursuant to point 15.2, the traveler can, without expenses, terminate the tourist package contract by right and with immediate effect or, if necessary, request, pursuant to point 16 below, a price reduction, without prejudice to any compensation for damages.
16. PRICE REDUCTION AND COMPENSATION FOR DAMAGES
16.1. The traveler has the right to an adequate price reduction for the period during which there was a lack of conformity, unless the organizer proves that this defect is attributable to the traveler. 16.2. The traveler has the right to receive adequate compensation from the organizer for any damage he may have suffered as a result of a lack of conformity. 16.3 The traveler is not awarded compensation for damages if the organizer proves that the lack of conformity is attributable to the traveler or to a third party unrelated to the provision of the tourist services included in the tourist package contract and is unpredictable or unavoidable or is due to unavoidable circumstances and extraordinary. 16.4. The organizer is subject to the limitations provided for by the international conventions in force that bind Italy or the EU, relating to the extent of the compensation or to the conditions to which it is due by a supplier providing a tourist service included in a package. 16.5. This contract expressly provides for the limitation of the compensation due by the organizer, except for personal injury or those caused intentionally or through negligence, to the extent of not less than three times the total price of the package. 16.6. Compensation or price reduction granted under the Tourism Code and compensation or price reduction granted under other applicable EU regulations and international conventions must be deducted from each other.
17. DUTY OF ASSISTANCE
17.1 The organizer provides adequate assistance without delay to the traveler who is in difficulty even in the circumstances referred to in point 15.7, in particular by providing appropriate information regarding health services, local authorities and consular assistance and assisting the traveler in communicate remotely and help him find alternative tourist services. 17.2 The traveler can direct messages, requests or complaints relating to the execution of the package directly to the seller through whom he purchased it, who, in turn, promptly forwards such messages, requests or complaints to the organizer. ADVENTOURED cell . +393425206218 - SMS or WHATSAPP. The seller must indicate his own quality and is solely responsible for the execution of the mandate given to him by the traveler with the travel brokerage contract, regardless of whether the service is rendered by the seller himself, by his auxiliaries or persons in charge when acting in the exercise of their functions or by third parties whose work they make use of, as the fulfillment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
18. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
18.1 If not expressly included in the price, it is possible and advisable to take out special insurance policies (which are proposed by the organizer in addition to the packages offered) to cover the costs of withdrawal (always due except for the specific exceptions provided for by the Tourism Code) of which in point 10, as well as those deriving from accidents and / or illnesses that also cover the costs of repatriation and for the loss and / or damage of luggage. 18.2 The rights arising from insurance contracts must be exercised by the traveler directly against the contracting insurance companies, under the conditions and in the manner provided for in the policies themselves, paying attention, in particular, to the timing for opening the claim, to the deductibles , limitations and exclusions. The insurance contract in place between the traveler and the insurance company has the force of law between the parties and has its effects between the traveler and the insurance company pursuant to art. 1905 cc 18.3 At the time of booking, travelers must notify the seller of any specific needs or problems for which it becomes necessary and / or appropriate to issue policies other than those proposed by the organizer or included in the price of the package.
19. ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS
19.1 The organizer will provide the traveler with information regarding any existing complaints handling procedures and alternative dispute resolution mechanisms (ADR - Alternative Dispute Resolution ), pursuant to Legislative Decree 6 September 2005, n. 206 and, if present, to the ADR body by which the trader is governed and to the online dispute resolution platform pursuant to Regulation (EU) no. 524/2013.
20. GUARANTEES TO THE TRAVELER
20.1. The organizer and the seller established in Italy are covered by an insurance contract for civil liability in favor of the traveler for compensation for damages deriving from the violation of the respective obligations assumed with the respective contracts. 20.2. Travel package organization contracts are backed by insurance policies or bank guarantees which, for travel abroad and travel taking place within a single country, including travel to Italy, in cases of insolvency or bankruptcy of the The organizer or the 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 traveler in the event that the package includes the transport of the traveler, as well as, if necessary, payment of food and accommodation before returning. As an alternative to reimbursement of the price or immediate return, the continuation of the package can be offered to the traveler in the manner referred to in articles 40 and 42 of the tourism code. 20.3 The same guarantees are provided by professionals who facilitate connected tourist services for the reimbursement of all payments they receive from travelers, to the extent that a tourist service that is part of a connected tourist service is not carried out due to the state of insolvency or failure of professionals.
21. INDIVIDUAL TOURIST SERVICES AND RELATED TOURIST SERVICES
21.1 Contracts relating to the offer of the transport service only, the accommodation service only, or any other separate tourist service, cannot be configured as a negotiating case of travel organization or tourist package, they do not enjoy the protections provided from the Tourism Code and the contractual conditions of the individual supplier will apply. 21.2 The responsibility for the correct fulfillment of the contract lies with the service provider.
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW N ° 38/2006. “Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad.