CONTENTS OF THE TOURIST PACKAGE CONTRACT
The description of the tourist package contained in the catalog, or in the separate travel program, as well as the booking confirmation sent by the Organizer to the traveler, constitute an integral part of the tourist package contract, as well as the following general conditions. In signing the tourist package purchase and sale proposal, the Traveler reads and accepts, for himself and for the subjects indicated in the contract, both the tourist package contract, to be 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 the provisions of the civil code regarding transport and mandate, as applicable.
2. ADMINISTRATIVE REGIME The Organizer and the Vendor of the tourist package, to which the traveler addresses, must be authorized to carry out their respective activities on the basis of current legislation, including regional or municipal legislation and as provided for. 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 their respective assumptions with their respective contracts. The tourist package organization contracts are backed by insurance policies, bank guarantees or funds which, in the event of insolvency or bankruptcy of the Organizer or the seller, 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 received from travelers.
3. DEFINITIONS For the purposes of this contract, the following definitions apply:
a) “traveler”: anyone who intends to conclude a contract, signs a contract or is authorized to travel on the basis of a package travel contract or related travel service;
b) “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 related tourist service, including through another person who operates in his name or on its behalf, as an Organizer, Seller, professional who facilitates related travel services or as a provider of travel services, in accordance with current legislation;
c) “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 the data relating to the traveler to another professional in accordance with letter c), number 2.4) of art. 33 of the tourism code;
d) “Seller”: the professional other than the Organizer who sells or offers for sale combined packages by an Organizer;
e) “establishment”: as defined by Article 8, paragraph 1, letter e), of Legislative Decree 26 March 2010, no. 59;
f) “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 identical reproduction of the information stored;
g) “unavoidable and extraordinary circumstances” means 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;
h) “lack of conformity”: a non-fulfillment of the tourist services included in a package;
i) “minor”: person under the age of 18;
l) “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 defined as 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: 1) 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; 2) these services, even if concluded with separate contracts with individual tourist service providers, are: 2.1) processed at a single point of sale and selected before the traveler agrees to payment; 2.2) offered, sold or billed 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 between a selection of different types of tourist services, or from distinct professionals through connected online booking processes where the name of the traveler, the details of the payment and e-mail address are sent by the professional with whom the first contract is concluded one or more professionals and the contract with the latter or the latter professionals is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service; 4.2. A “connected tourist service” is understood to mean at least two different types of connected tourist services for the purposes of the same trip or vacation, which do not constitute a package, and which entail 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. TOURIST INFORMATION 5.1. Before the conclusion of the tourist package 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, characteristics and categories of transport, the places, dates and times of departure and return, the duration and location of the intermediate stop and 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 features 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 commercial name and geographical address of the Organizer and 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 a down payment and the schedule for the payment of 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 minimum 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, the standard withdrawal costs requested by the Organizer; 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 to protect in the event of insolvency or bankruptcy as well as the insurance contract for civil liability in favor of the traveler l) information on the identity of the operating air carrier, if not known at the time of booking, right provision art. 11 EC Reg. 2111 \ 05 (Art. 11, paragraph 2 EC Reg. 2111/05: “If the identity of the actual air carrier or actual carriers is not yet known at the time of booking, the contracting party of the air transport so that the passenger is informed of the name of the carrier or carriers acting as actual air carriers for the flight or flights concerned. In this case, the air transport contractor will ensure that the passenger is informed of the identity of the carrier or of the actual air carriers as soon as their identity has been ascertained and their possible operating ban in the European Union “5.2. For tourist package contracts stipulated by telephone, the Organizer or the professional provides the traveler with the information required by the” “standard” information form referred to in Annex A, part II, of the tourism code. 5.3. In consideration of the large advance with which the catalogs are published which contain information on the modalities of use of the services, it should be noted that the times and routes of the flights indicated in the acceptance of the proposal for the sale of the services may be subject to variations as they are subject to subsequent validation; the final flight times will be communicated up to one day before departure (eg Friday for departures on Saturday, Sunday and Monday). It should be noted that the packages that charter flights are not subject, by definition, to a systematic schedule. Therefore, connections with approach flights or other transport services for approaching or returning to other destinations other than the place of departure or return provided in the package are not guaranteed. 5.4 As required by Regulation 6.2 EC 2027/97, upon request of passengers, information will be provided on the provisions regarding the liability of the Community air carrier for death, injury and personal injury, on insurance coverage obligations, as well as information on the timing of advances. of payment to the natural person entitled to indemnity.
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 confirmation of the contract on a durable medium. 6.2 The traveler has the right to a paper copy if the tourist package contract has been stipulated in the simultaneous physical presence of the parties. 6.3. With regard to contracts negotiated away from business premises, defined in Article 45, paragraph 1, letter h), of Legislative Decree 6 September 2005, no. 206, a copy or confirmation of the travel package contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium. 6.4. The tourist package contract is considered finalized, with consequent conclusion of the contract, only when the Organizer sends confirmation, also by electronic system, to the traveler at the Seller 6.5 The traveler must notify the Seller, before booking, of 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. 6.6 Travel documents (e.g. vouchers) will be delivered to the traveler in good time before departure and 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 (e.g. airline 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 the data of the participants to the Organizer exactly as reported on the personal identity documents. 6.7. 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. Upon signing the contract, the following must be paid: a) the registration or management fee (see Article 8); b) deposit to the extent indicated by the Organizer or the Seller. In the event that the departure is scheduled for more than 30 days, he will have the right to pay only a deposit, equal to at least 25% of the price of the tourist package, unless further requested by the Organizer, and to make, within 30 calendar days before departure, the balance. During the period of validity of the proposed purchase and sale of the package and / or the tourist services indicated and therefore before any booking confirmation which constitutes the completion of the contract, the effects of Article 1385 of the Italian Civil Code they are not produced. The balance must be paid within the deadline set by the Organizer or the Seller in its catalog or in the booking confirmation; 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. mail, at the Seller, or at the domicile, including 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 or through the Seller.
8. PRICE AND REVISION OF THE PRICE 8.1 The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or on the Organizer’s website, or non-catalog / customized program and any updates of the same catalogs or programs catalog subsequently intervened, or on the Operator’s website. It may be changed by the Organizer if provided for in its conditions, increasing and / or decreasing, only as a result of changes in: – the price of passenger transport depending on 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 fees in ports and airports; – exchange rates relevant to the package in question. A price increase is only possible upon communication on durable medium by the Organizer to the traveler together with the justification for this increase and the calculation methods, at least 20 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 price decrease, 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) participation fee which includes: the insurance policy, the cost of any visas and entry taxes (if payable through Azurway Travel Srls), the airport taxes in force depending on the airport of departure and arrival , the Carbon Tax; c) other services requested.
9. MODIFICATION, WITHDRAWAL OF THE ORGANIZER OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE 9.1. Before the start of the trip, the Organizer may unilaterally change the conditions of the contract other than the price, as long as they are minor changes, communicating them to the traveler on a durable medium, including through the Seller. 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 satisfy 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 price of the package, 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 the any replacement package offered and the relative price. 9.3. If changes to the travel package contract or the replacement package result in a package of lower quality or 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 reimburses 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 may 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 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 2 and 6 days, 48 hours before the start of the package in the case of trips lasting less than 2 days; b) the Organizer is unable to perform the contract due to unavoidable and extraordinary circumstances 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 applicable, of the standard withdrawal costs (cancellation penalties) provided by the Organizer (see point 10.5), 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 withdrawal costs, the amount of the withdrawal costs corresponds to the price of the package minus the cost savings and revenues resulting from the reallocation of tourist services. 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 mandatory subscription of such insurance. 10.3. The withdrawal costs are not due for the hypotheses provided for in the previous article 9 point 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 full reimbursement of the payments made for the package, but is not entitled to additional compensation. 10.4. In the case of contracts negotiated away from business premises (as defined by art.45 c.1 letter h) of the consumer code), the traveler has the right to withdraw from the tourist package sales contract within a period of five days from the date of the conclusion of the contract or from the date on which it receives the contractual conditions and preliminary information if later, without penalties and without giving any reasons. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In the latter case, the Organizer documents the price change, adequately highlighting the exclusion of the right of withdrawal. 10.5 Standard of withdrawal: for travel packages organized by Azurway Travel S.r.l.s. to the traveler who withdraws from the contract before departure outside the hypotheses of article 9 point 2, the following penalties will be charged: 25% up to 31 days before the departure date (or, if higher, the amount required as a deposit at the time of booking), 50% from 30 to 18 days before the departure date, 75% from 17 to 10 days before the departure date, 100% from 09 to 00 days before the departure date. The aforementioned penalties apply to tourist packages with chartered flights or a special ITC rate, to tourist packages with other means of transport and to accommodation only services. For packages with scheduled flights or low cost flights, the penalties relating to other services remain the same while for the cost of the flight the penalties of the carrier and the relative fare rules are applied.
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, without supplement 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 price reduction. 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 applies. 11.4. 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 in addition to the change costs of € 26 per person. The transfer costs could also include, for example, the purchase of new tickets at the rate available and in force at the time of the transfer request; it should be noted that ticketing costs are subject to continuous changes and price fluctuations and depend on the booking class, the availability of seats, the type of fare, the class of the flight, the date of issue and the date of the flight. 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 handling 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 change of a tourist element and / or service of an already confirmed practice and provided that the request does not constitute a contractual novation and provided that it is possible to implement it, the Organizer must pay the administrative and management costs 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 TOURISTS 13.1. During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided with general information – updated to the date of printing of the catalog – concerning the conditions regarding passports and visas, including the approximate times for obtaining the visas and health formalities in 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, valid identity card for expatriation with indication of the parents’ names). Minors under the age of 14 and minors for whom authorization issued by the Judicial Authority is required, must follow the requirements indicated on the website of the State Police http://www.poliziadistato.it/ article/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 trip. 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 prior to the booking request and, upon 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, health and safety situation and any other useful information relating to the countries and places of destination and their immediate vicinity and, therefore, the objective usability of the services purchased or to be purchased and the possible impact substantive on the execution of the package, the traveler will have the burden of obtaining the official information of a general nature from the Ministry of Foreign Affairs, and disclosed through the institutional site of the Farnesina www.viaggiaresicuri.it. The above information cannot be contained in the organizers’ catalogs – online or on paper – as they contain general descriptive information and not information subject to change by official authorities. The information currently available can be obtained by travelers by viewing all the information on the website of the Ministry of Foreign Affairs www.viaggiaresicuri. it. (“Countries”, “Health on the road” and “Warnings” tabs). The traveler is required on the basis of the principle of diligence of a good father of a family to verify the correctness of their personal documents and any minors, as well as obtain valid documents for expatriation according to the rules of their State and the conventions that regulate the matter . The traveler must complete the related formalities also considering that the Seller or the Organizer are not obliged to provide visas or documents. 13.7. If, on the date of booking, the chosen destination results, from the institutional information channels, a location subject to “discouragement or” warning “for safety reasons, the traveler who can subsequently exercise the withdrawal will not be able to invoke, for the purposes of the exemption or reduction of the request for compensation for the withdrawal made, the absence of the contractual cause connected to the security conditions of the country. 13.8. In addition, comply with the rules of normal prudence and diligence and the specific ones in force in the countries destination of the trip, all the information provided by the Organizer, as well as the regulations, administrative or legislative provisions relating to the tourist package. Tourists will be called to respond to all damages that the Organizer and / or the seller may suffer also due to failure to comply with the above obligations, including the expenses necessary for their repatriation. In addition, 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 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, including through the Seller, of any lack of conformity found during the execution of the package, as indicated in article 15 below.
14. HOTEL CLASSIFICATION The official classification of hotel structures is provided in the catalog or in other informative material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of officially recognized classifications by the competent authorities of the EU member countries to which the service refers, or in the case of structures marketed as a “Tourist Village”, the Organizer reserves the right to provide its own description of the accommodation facility, such as to allow an evaluation and acceptance of the same part of the traveler.
15. LIABILITY OF THE ORGANIZER FOR INCORRECT 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 are provided by the Organizer itself, by its 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, 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 by the tourist package. 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 Civil Code, constitutes a non-compliance of no small importance in 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 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 a reduction in the price, without prejudice to any compensation for damages. In the event of termination of the contract, if the package included 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. 15.6. Where it is impossible to ensure the return of the traveler, the Organizer bears the costs of the necessary accommodation, where possible of a category equivalent to what was provided for in the contract, for a period not exceeding 3 nights per traveler or for any longer period provided. the European Union legislation relating to passenger rights, applicable to the relevant means of transport. 15.7. The cost limitation referred to in paragraph 15.6 above does not apply to persons with reduced mobility, as defined by art. 2, par. 1, lett. a), of Reg. (EC) no. 1107/2006, and their companions, pregnant women, unaccompanied minors and people in need of specific medical assistance, provided that the Organizer has received notice of their particular needs at least 48 hours before the start of the package.
16. PRICE REDUCTION AND COMPENSATION FOR DAMAGES 16.1. The traveler 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 compensation or 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 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. OBLIGATION 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 making remote communications and helping him find alternative tourist services. 17.2 The traveler can send 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.
18. RESPONSIBILITY OF THE SELLER 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 they act in the exercise of their functions or by third parties whose work they use, the fulfillment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking at the Organizer’s or Seller’s offices to cover the costs of withdrawal (always due except the specific exceptions provided for by the tourism code) referred to 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. The rights arising from the 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 the opening of 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 of the Italian Civil Code Travelers, at the time of booking, must notify the Seller of any specific needs or problems for which it is necessary and / or appropriate to issue policies other than those proposed by the Organizer or included in the package price.
20. ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS The Organizer will provide the traveler with information regarding any existing complaint handling procedures and alternative dispute resolution mechanisms (ADR – Alternative Dispute Resolution), pursuant to Legislative Decree no. . 206 and, if present, to the ADR body by which the professional is governed and to the online dispute resolution platform pursuant to Regulation (EU) no. 524/2013;
21. TRAVELER GUARANTEES 21.1. 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 resulting from the violation of their respective obligations under the respective contracts. 21.2. 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 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. 21.3 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.
22 INDIVIDUAL TOURIST SERVICES AND CONNECTED TOURIST SERVICES 22.1 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, do not enjoy the protections provided by the tourism code and the contractual conditions of the individual supplier will apply. The responsibility for the correct fulfillment of the contract lies with the service provider. 22.2. In the case of booking related travel services, the traveler has protection aimed at reimbursing payments received for services not provided due to the insolvency of the professional who collected the sums paid by the traveler. This protection does not provide for any reimbursement in the event of the insolvency of the relevant service provider.
AZURWAY TRAVEL S.R.L.S.
Operational headquarters: via Cesare Pavese, 26 – 35030 Selvazzano Dentro (Padua), Registered Padua Company Register REA PD – n ° 458620 Tax Code and VAT number 05303750284. SCIA Municipality of Padua n. 0137053 of 08/31/2020. CIVIL LIABILITY INSURANCE TRAVEL ORGANIZERS AND INTERMEDIARIES Lloyd’s Insurance Company S.A. policy 10579111N-LB. INSURANCE AGAINST THE RISK OF INSOLVENCY OR BANKRUPTCY Nobis Compagnia di Assicurazioni S.p.A. – Filo Direct Protection policy 6006003194 / W.
INFORMATION PURSUANT TO REG. (EC) no. 2027/97 Compensation in the event of death or injury: there are no financial limits on liability in the event of passenger injury or death. For damages up to 100,000 SDRs (equivalent to approximately 121,000 euros) the air carrier cannot contest claims for compensation. Beyond this amount, the air carrier can contest a claim for compensation only if it is able to prove that the damage is not attributable to it – Advances on payment: in the event of injury or death of a passenger, the carrier must pay within 15 days from the identification of the person entitled to compensation, an advance payment to meet immediate economic needs. In the event of death, the advance payment cannot be less than 16,000 SDRs (equivalent to approximately 19,400 euros) – delays in passenger transport: In case of delay, the carrier is liable for the damage unless it has taken all measures possible to avoid it or that it was impossible to take such measures. Liability for damage is limited to 4,150 SDRs (equivalent to approximately 5,000 euros) – Delays in the carriage of baggage: In case of delay, the air carrier is liable for the damage unless it has taken all possible measures to avoid it or that it was impossible to take such measures. Liability for damage is limited to 1,000 SDRs (equivalent to approximately 1200 euros) – Destruction, loss or damage of baggage: The air carrier is liable in the event of destruction, loss or damage of baggage up to 1,000 SDRs (equivalent to approximately 1200 EUR).
In the case of checked baggage, the air carrier is responsible for the damage even if its behavior is exempt from fault, except for a defect inherent in the baggage itself. Regarding unchecked baggage, the air carrier is liable only if the damage is attributable: Passengers can benefit from a higher liability limit by making a special declaration, at the latest at the time of check-in, and paying a supplement – Complaints relating to baggage: In the event of damage, delay, loss or destruction during the carriage of baggage, the passenger must make a written complaint to the carrier as soon as possible. In the event that the checked baggage is damaged, the passenger must complain in writing within 7 days, and in the event of a delay within 21 days, from the data in which the baggage was made available to the passenger – Liability of the contracting carrier and the Acting Carrier: If the air carrier operating the flight is not the contracting air carrier, the passenger has the right to make a claim or complaint to both. If the name or code of an air carrier appears on the ticket, this carrier is the contracting carrier – Time limits for action for compensation: Legal action must be brought within two years from the date of arrival or from the date on which the flight would be had to arrive.
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW N ° 38/2006 “The Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad”.