GENERAL TERMS AND CONDITIONS OF THE PACKAGE TOUR CONTRACT PREAMBLE
In addition to the general terms and conditions set forth below, the following constitute an integral part of the package tour contract: the description of the package tour contained in the catalog (online or in print), or in the separate itinerary, as well as the booking confirmation sent by the organizer to the traveler or to the selling agency, acting as the traveler’s agent. By signing the package tour purchase agreement, the traveler must bear in mind that by doing so, they acknowledge and accept, on their own behalf and, where applicable, on behalf of other parties indicated in the contract, both the package tour contract and the notices and conditions contained therein, as well as these general terms and conditions.
1 LEGAL BASIS
The sale of package tours and related travel services is governed by the Tourism Code (Articles 32–51-novies) as amended by Legislative Decree 62/2018, which implements EU Directive 2015/2302 and its subsequent amendments, and by the provisions of the Civil Code regarding transportation and agency, as applicable.
2 ADMINISTRATIVE REGIME
Tuscan Safari Srl, the organizer of the package tour, engages in the organization and sale of package tours and the brokerage of individual travel services. The services and tour packages described on the website tuscan-safari.it are offered for sale under the conditions described therein. Tuscan Safari SRL, represented by its legal representative Maria Rosa Bertoncini, with registered office at Via di Pelle 72, Santa Croce Sull'Arno, operates as a tour operator and travel and tourism agency with valid authorization from the Region of Tuscany.
3 DEFINITIONS
For the purposes of this contract, the following definitions apply:
a) “traveler”: any person who intends to enter into a contract, enters into a contract, or is authorized to travel under a package tour contract or related travel service contract;
b) “professional”: any natural or legal person, whether public or private, who, in the course of their commercial, industrial, or craft activities, acts in contracts for package tours or related tourist services—including through another person acting in their name or on their behalf—as an organizer, seller, professional facilitating related tourist services, or provider of tourist services, in accordance with applicable law; c) “organizer”: a professional who combines packages and sells them or offers them for sale directly or through or in conjunction with another professional, or the professional who transmits data relating to the traveler to another professional in accordance with Article 33(c)(2.4) of the Tourism Code; d) “retailer”: a professional other than the organizer who sells or offers for sale packages combined by an organizer;
e) “durable medium”: any medium that enables the traveler or the professional to store information addressed personally to them in a way that allows future access for a period of time adequate for the purposes for which it is intended and which allows the identical reproduction of the stored information; f) “unavoidable and extraordinary circumstances”: a situation beyond the control of the party invoking such a situation and whose consequences could not have been avoided even if all reasonable measures had been taken; g) “lack of conformity”: a failure to provide the tourist services included in a package;
h) “minor”: a person under the age of 18;
i) “return”: the traveler’s return to the place of departure or to another place agreed upon by the contracting parties; j) “point of sale”: any premises, whether movable or immovable, used for retail sales, or a retail website or similar online sales platform, including telephone services.
4 CONCEPT OF A PACKAGE TOUR AND RELATED TOURIST SERVICE
4.1 “Tourist package” means a combination of at least two different types of tourist services (namely: 1. passenger transport; 2. accommodation that is not an integral part of passenger transport and is not intended for residential purposes or for long-term language courses; 3. the rental of cars, other vehicles, or motorcycles requiring a Class A driver’s license; 4. any other tourist service that is not an integral part of one of the tourist services referred to in points 1), 2), or 3), and is not a financial or insurance service, nor qualifies as an “additional tourist service”) for the purposes of the same trip or vacation, if at least one of the following conditions is met:
1) such services are combined by a single professional, including at the traveler’s request or in accordance with the traveler’s selection, before a single contract covering all services is concluded;
2) such services, even if concluded through separate contracts with individual tourism service providers, are: 2.1) purchased at a single point of sale and selected before the traveler agrees to pay; 2.2) offered, sold, or invoiced at a flat-rate or all-inclusive price;
2.3) advertised or sold under the name “package” or a similar designation; 2.4) combined after the conclusion of a contract whereby the trader allows the traveler to choose from a selection of different types of tourist services, or purchased from separate traders through linked online booking processes where the traveler’s name, payment details, and email address are transmitted by the trader with whom the first contract is concluded to one or more traders, and the contract with the latter trader(s) is concluded no later than 24 hours after confirmation of the booking of the first tourist service;
4.2 “Linked travel arrangement” means at least two different types of travel services purchased for the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual travel service providers, if a trader facilitates, alternatively: 1) during a single visit or contact with their point of sale, the separate selection and separate payment of each tourist service by the travelers; 2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of the confirmation of the booking of the first tourist service.
5 INFORMATION FOR THE TRAVELER
5.1. Before concluding the package travel contract or a corresponding offer, the organizer and the seller shall provide the traveler with the relevant “standard information form” and shall 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 the periods of stay with corresponding 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 intermediate stops, and connections; if the exact timetable has not yet been established, the organizer and, where applicable, the seller, shall inform the traveler of the approximate departure and return times;
3) the location, main characteristics, and, where applicable, the tourist category of the accommodation in accordance with the regulations of the destination country;
4) the meals provided;
5) the visits, excursions, or other services included in the total agreed price of the package;
6) the tourist services provided to the traveler as a member of a group and, in such cases, the approximate size of the group;
7) the language in which the services are provided;
8) whether the trip or vacation is suitable for persons with reduced mobility and, upon the traveler’s request, specific information regarding the suitability of the trip or vacation taking into account the traveler’s needs;
b) The business name and physical address of the organizer and the seller, along with their telephone numbers and email addresses;
c) the total price of the package, including taxes and all fees, charges, and other additional costs, including any administrative and processing fees, or, where these cannot reasonably be calculated prior to the conclusion of the contract, an indication of the type of additional costs the traveler may still have to bear;
d) the payment terms, including any amount or percentage of the price to be paid as a deposit and the schedule for payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
e) the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5, letter a), prior to the start of the package for the possible termination of the contract in the event that the minimum number is not reached;
f) general information regarding passport and visa requirements, including the approximate time required to obtain visas and the health formalities of the destination country;
g) Information regarding the traveler’s right to withdraw from the contract at any time prior to the start of the package upon payment of appropriate withdrawal fees, or, if applicable, the standard withdrawal fees required by the organizer;
h) information on the optional or mandatory purchase of insurance covering the costs of unilateral withdrawal from the contract by the traveler or assistance costs, including repatriation, in the event of accident, illness, or death;
i) details of the coverage providing protection in the event of insolvency or bankruptcy, as well as the civil liability insurance contract in favor of the traveler;
j) information on the identity of the operating air carrier, if not known at the time of booking, in accordance with Article 11 of EC Regulation 2111/05 (Article 11, paragraph 2 of EC Regulation 2111/05: "If the identity of the operating air carrier or carriers is not yet known at the time of booking, the air transport contractor shall ensure that the passenger is informed of the name of the air carrier or carriers that will operate as the actual air carrier(s) for the flight or flights concerned. In such a case, the air carrier shall ensure that the passenger is informed of the identity of the actual air carrier or carriers as soon as their identity has been established and of any operating ban within the European Union."
5.2. For package travel contracts concluded by telephone, the organizer or professional shall provide the traveler with the information required by the “standard information form” of the Tourism Code.
5.3. Given that catalogs/online catalogs containing information on how to use the services are published well in advance, please note that the flight schedules and routes indicated in the acceptance of the offer to purchase the services may be subject to change as they are subject to subsequent confirmation; the final flight schedules will be communicated in the days prior to departure and return. Please note that charter flights are not, by definition, subject to a systematic schedule.
5.4. As provided for in Article 6.2 of EC Regulation 2027/97, upon request, passengers will be provided with information regarding the provisions on 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 advance payments to the natural person entitled to compensation.
5.5 TECHNICAL SPECIFICATIONS
6 PURCHASE OFFER - RESERVATIONS
6.1. Upon conclusion of the package travel contract or, in any case, as soon as possible, the organizer or seller shall provide the traveler with a copy or confirmation of the contract on a durable medium.
6.2 The traveler is entitled to a paper copy if the package travel contract was concluded in the simultaneous physical presence of the parties.
6.3 With regard to contracts negotiated outside of business premises, as defined in Article 45(1)(h) of Legislative Decree 206/2005, a copy or confirmation of the package travel contract shall be provided to the traveler on paper or, if the traveler consents, on another durable medium.
6.4. The booking request must be submitted using the appropriate form; if submitted electronically, it must be fully completed, signed, and confirmed by the customer. The customer will receive, including via electronic form, a summary of the details and services booked; the booking request will be processed only upon payment of the deposit required for the selected trip, the amount of which will be indicated in the summary sent by the organizer. Acceptance of the booking is considered finalized, with the consequent conclusion of the contract, only when the organizer sends confirmation, including via electronic means, to the customer or, where applicable, to the selling travel agency. Information regarding the tour package not contained in the contractual documents, brochures, or other means of communication will be provided by the organizer in full compliance with its obligations in a timely manner prior to the start of the trip.
6.5. For group trips as well, as stated in the “specific trip conditions,” the booking process requires that the traveler, after viewing the online offer, express their interest by filling out the online form for the selected group trip; Tuscan Safari Srl will send an email confirming receipt of the expression of interest. The traveler shall formalize their interest by paying a deposit; otherwise, their participation in the trip will be considered void. The acceptance of the booking is deemed finalized, with the consequent conclusion of the contract, only when the organizer sends confirmation, including via electronic means, to the traveler.
6.6 The traveler must notify the seller, prior to booking, of any specific requests, which are considered part of the contract only if feasible, stated in writing in the contract, and accepted by the organizer.
6.7 Travel documents (e.g., vouchers) will be delivered to the traveler in a timely manner prior to departure, and the traveler must keep them and carry them during the trip in order to use the services properly booked, along with any other documents (e.g., airline tickets) provided by the seller. The traveler is required to verify the accuracy of the information on the aforementioned documents and the travel contract and to immediately notify the seller of any errors. The traveler must provide the organizer with the participants’ details exactly as they appear on their personal identification documents.
6.8. Any excursions, services, or activities purchased and paid for by travelers at the destination are not covered by this contract. Therefore, no liability in this regard may be attributed to the organizer or the seller, even if, as a courtesy, local staff, tour leaders, guides, or local representatives assist with their booking.
7 PAYMENTS
7.1. Upon signing the contract, the following must be paid:
a) the registration fee in the amount indicated by the organizer and any additional cancellation insurance;
b) a second deposit, to be paid upon confirmation of the trip, in the amount indicated by the organizer in the case of group trips. This amount is paid as a confirmation deposit and advance payment. During the validity period of the sales proposal and therefore prior to any booking confirmation that constitutes the finalization of the contract, the effects referred to in Article 1385 of the Italian Civil Code do not apply if the withdrawal is due to a supervening event not attributable
c) The balance must be paid without exception by the deadline established by the Organizer in the booking confirmation for the requested service/tour package. In exceptional cases where the balance is paid within 5 days of departure, the traveler is required to present the payment receipt to Tuscan Safari Srl prior to departure. Failing this, Tuscan Safari Srl reserves the right to refuse boarding at departure to any traveler unable to produce the receipt or proof of payment of the balance.
7.2. Failure to pay the aforementioned amounts by the established dates, as well as failure to remit to the organizer the amounts paid by the traveler to the seller, shall result in the automatic termination of the contract by operation of law, to be effected by simple written notice, via fax or email, to the seller, or to the traveler’s address, including an electronic address if provided. The balance of the price is considered paid when the amounts are received by the organizer directly from the traveler or through the seller.
8 PRICE AND PRICE REVISION
8. 1 The price of the package tour is determined in the contract, with reference to the information provided in the organizer’s catalog or on its website, or in a non-catalog/customized program, and to any subsequent updates to such catalogs or non-catalog programs, or on the Operator’s website. It may be increased or decreased only as a result of changes in: - the price of passenger transport based on the cost of fuel or other energy sources; - the level of duties 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 at ports and airports; - exchange rates relevant to the package in question. A price increase is possible only upon prior notification in a durable medium by the organizer to the traveler, together with the justification for such an increase and the calculation method, at least 20 days before the start of the package. If the price increase exceeds 8% of the total price of the package, the following point 9.2 applies. In the event of a price reduction, the organizer is entitled to deduct the actual administrative and processing costs from the refund due to the traveler, for which the organizer is required to provide proof upon the traveler’s request.
8.2. The price consists of: a) registration fee or administrative fee, if applicable; b) participation fee: as stated in the catalog or in the package quote provided by the seller to the traveler; c) cost of any insurance policies covering the risks of cancellation, withdrawal, and/or medical expenses or other requested services; d) the cost of any visas and entry and exit taxes for the countries of the vacation destination; e) airport and/or port charges and taxes.
9 MODIFICATION, WITHDRAWAL BY THE ORGANIZER, OR CANCELLATION OF THE PACKAGE TOUR BEFORE DEPARTURE
9.1 Before the start of the package, the organizer may unilaterally modify the terms of the contract other than the price, provided that such modifications are of minor importance, by notifying the traveler on a durable medium, including through the seller.
9.2 If, before the start of the package, the organizer is compelled to significantly modify one or more key features of the travel services or cannot meet specific requests previously accepted and expressly stated in the contract, or proposes to increase the price of the package by more than 8%, the traveler may, within a reasonable period specified by the organizer at the time of the notice of modification, accept the proposed modification or withdraw from the contract without incurring any withdrawal fees. In the event of withdrawal, the organizer may offer the traveler a substitute package of equivalent or higher quality. The notice of change shall inform the traveler of the proposed changes, their impact on the package price, the deadline by which the traveler must inform the organizer of their decision, and the consequences of the traveler’s failure to respond within the aforementioned period, as well as any substitute package offered and its price.
9.3 If the changes to the package travel contract or the substitute package result in a package of lower quality or cost, the traveler is entitled to an appropriate price reduction.
9.4 In the event of withdrawal from the package travel contract pursuant to the preceding paragraph, if the traveler does not accept a substitute package, the organizer shall refund 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, and 8 of the Tourism Code shall apply.
9.5 The organizer may withdraw from the package travel contract and offer the traveler a full refund of payments made for the package, but is not required to pay additional compensation if: a) the number of persons enrolled in the package is less than the minimum specified in the contract and the organizer notifies the traveler of the withdrawal from the contract within the time limit set forth 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 notifies the traveler of the termination without undue delay before the start of the package.
10 WITHDRAWAL BY THE TRAVELER
10.1 The traveler may withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal fees, or, if applicable, the standard withdrawal fees (cancellation penalties) set by the organizer, which depend on the chosen destination and the timing of the traveler’s withdrawal relative to the departure date. In the absence of specified standard cancellation fees, the amount of the cancellation fee corresponds to the price of the package minus any cost savings and revenue derived from the reallocation of travel services.
10.2 Unless otherwise specified in the specific terms of the trip, a consumer who withdraws from the contract before departure—outside the circumstances listed in the preceding points—will be charged the individual administrative fee (registration fee, if applicable) and any insurance coverage already requested at the time of contract conclusion.
The following cancellation penalties will apply to the remaining amounts relating to the individual participation fee and/or any additional supplements. The provisions below apply exclusively to travel packages:
- €100.00 (one hundred) plus all expenses actually incurred by Tuscan Safari Srl, for cancellations made up to 31 days prior to departure
- 70% of the travel package fee, for cancellations made from 30 days up to 8 days prior to departure
- 100% of the travel package fee, for cancellations made from 7 days prior to the departure date
The calculation is based on the departure date and the date of cancellation, which must be made via email, fax, or certified mail with return receipt, at least 1 business day prior to departure. In the case of pre-formed groups, cancellation penalties will be subject to a specific agreement and will in any case be highlighted in the relevant travel contracts and/or in the specific terms and conditions of the chosen trip.
10.3 No-Show. “No-shows” are instances where customers, without prior notice, fail to arrive at the start time and do not participate in the activity. Please note that those who do not show up are treated the same as those who did not cancel the service within 48 hours, and therefore are not entitled to any refund.
Tuscan Safari considers a “no-show” anyone who does not arrive at the meeting point within twenty minutes of the tour’s start time.
10.4 In the event that the package includes, for example, a special-rate service or a low-cost flight, in addition to the penalties indicated above, the penalties established by the supplier or the airline—which are typically 100% effective from the moment the ticket is issued and/or the booking is confirmed—are always due, as these are non-refundable fares. These penalties will be clearly stated in the specific terms and conditions of the trip, upon confirmation of the trip, and/or in the relevant travel contracts.
10.5 Penalties related to certain packages, such as custom trips and honeymoons, or related to certain services included in the package—such as non-refundable permits and entrance fees, guided tours, exhibitions, visits, excursions, and cruises—are sometimes communicated by suppliers to the organizer only at the time of cancellation of the service. For this reason, in addition to the penalties established in the preceding paragraphs, penalties relating to such services will always be due; these may amount to 100% as of the time of booking confirmation and will in any case be listed among the specific conditions of the trip and/or highlighted in the relevant travel contracts. 10. 5 The traveler may purchase insurance policies to cover the aforementioned costs of unilateral cancellation by the traveler or assistance costs, including return travel, in the event of accident, illness, or death. Depending on the selected package, the organizer will inform the traveler regarding the optional or mandatory purchase of such insurance.
10.6 Cancellation fees are not due in the cases provided for in Article 9, paragraph 2, above. In the event of unavoidable and extraordinary circumstances occurring at the destination or in its immediate vicinity that have a substantial impact on the performance of the package or on the transport of passengers to the destination, the traveler has the right to withdraw from the contract, prior to the start of the package, without paying cancellation fees, and to a full refund of payments made for the package, but is not entitled to additional compensation.
10.7 In the case of contracts negotiated outside of business premises (as defined by Art. 45(1)(h) of the Consumer Code), the traveler has the right to withdraw from the contract for the sale of a package tour within a period of five days from the date of conclusion of the contract or from the date on which they receive the contractual terms and preliminary information, whichever is later, without penalty and without providing any justification. In cases of offers with significantly reduced rates compared to current offers, the right of withdrawal is excluded. In the latter case, the organizer shall document the price variation, clearly indicating the exclusion of the right of withdrawal.
11 CHANGES AFTER DEPARTURE
11.1 If, due to unforeseen circumstances not attributable to the organizer, it is impossible to provide, during the performance of the contract, a substantial part—in terms of value or quality—of the combination of tourist services agreed upon in the package tour contract, the organizer shall offer, at no additional cost to the traveler, appropriate alternative solutions of a quality that is, where possible, equivalent to or higher than that specified in the contract, so that 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 result in a package of lower quality than that specified in the package travel contract, the organizer shall grant the traveler an appropriate price reduction.
11.2 The traveler may reject the proposed alternative arrangements only if they are not comparable to what was agreed upon in the package travel contract or if the price reduction granted is inadequate.
11.3. If it is impossible to arrange alternative arrangements or the traveler rejects the proposed alternative arrangements, in accordance with point 1, the traveler is entitled to a price reduction. In the event of a failure to fulfill the obligation to propose alternatives, point 15.5 applies
11.4. Where, due to unforeseen circumstances not attributable to the organizer, it is impossible to ensure the traveler’s return as agreed in the package travel contract, points 15.6 and 15.7 apply.
12 SUBSTITUTIONS AND TRANSFER OF THE CONTRACT TO ANOTHER TRAVELER
12.1 The traveler may have another person substitute for them provided that:
a) the organizer is informed no later than seven days before the start of the package; b) the person to whom the traveler intends to transfer the contract meets all conditions for using the service, and in particular the requirements regarding passports, visas, and health certificates; c) the same services or substitute services can be provided following the substitution; d) all administrative and processing fees required to proceed with the substitution are paid to the organizer, in an amount to be determined prior to the transfer, and, upon the transferor’s request, a breakdown of any duties, taxes, or other additional costs resulting from the transfer is provided. Transfer costs may include, for example, the purchase of new tickets at the rate available and in effect at the time of the transfer request; please note that ticket costs are subject to constant changes and price fluctuations and depend on the booking class, flight seat availability, fare type, flight class, date of issuance, and flight date. Unless otherwise indicated in relation to individual cases, administrative and processing fees amount to €50.00 per person for each transfer to another traveler.
12.2 The transferor and transferee of the package tour contract are jointly and severally liable for payment of the balance of the price and any duties, taxes, and other additional costs, including any administrative and processing fees, resulting from such transfer.
12.3 Pursuant to Article 944 of the Italian Navigation Code, substitution shall be possible only with the carrier’s consent.
12.4 If the traveler requests a change to a component or tourist service of a confirmed booking, provided that the request does not constitute a contractual novation and provided that implementation is feasible, the traveler must pay the organizer the administrative and booking management fees, as well as the costs resulting from the change itself (in the event that a new airline ticket must be issued, the transfer will result in the application of the airfare available on that date).
13 OBLIGATIONS OF TRAVELERS
13.1. During negotiations and in any case prior to the conclusion of the contract, Italian citizens are provided with general information—updated as of the catalog’s printing date—regarding passport and visa requirements, including approximate processing times for obtaining visas and health formalities in the destination country
13.2 For regulations regarding the travel abroad of Italian minors, please refer specifically to the information provided on the State Police website. It should be noted, however, that minors must be in possession of a valid personal travel document (passport or, for EU countries, an identity card valid for travel abroad indicating the parents’ names). Minors under the age of 14 and minors for whom authorization issued by a judicial authority is required must follow the instructions provided on the State Police website http://www.poliziadistato.it/ article/191/.
13.3 Foreign nationals must be in possession of an individual passport and any required entry visa and may obtain the necessary and up-to-date information through their diplomatic missions in Italy and/or their respective official government information channels.
13.4 Travelers must verify with the competent authorities prior to departure (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it" >www.viaggiaresicuri.it“>www.viaggiaresicuri.it”>www.viaggiaresicuri.it“>www.viaggiaresicuri.it”>www.viaggiaresicuri.it“>www.viaggiaresicuri.it”>www.viaggiaresicuri.it“>www.viaggiaresicuri.it”>www.viaggiaresicuri.it" >www.viaggiaresicuri.it or the Call Center at 06.491115) that their documents comply with the provided instructions and to make any necessary adjustments in a timely manner before the start of the package. In the absence of such verification, neither the seller nor the organizer shall be held liable for the failure of one or more travelers to depart.
13. 5 Travelers must in any case inform the seller and the organizer of their nationality prior to making a booking request and, at the time of departure, must ensure they are in possession of vaccination certificates, their individual passport, and any other valid documents required for all countries included in the itinerary, as well as any residence or transit visas and health certificates that may be required.
13.6 In order to assess the socio-political and health security situation, as well as any other useful information regarding the destination countries and locations and their immediate surroundings, and thus the objective usability of the services purchased or to be purchased and any substantial impact on the execution of the package, the traveler is responsible for obtaining official general information from the Ministry of Foreign Affairs, as published on the Ministry’s official website www.viaggiaresicuri.it.
The above information cannot be included in the organizers’ catalogs—whether online or in print—as these contain general descriptive information rather than information subject to changes by official authorities. Travelers must therefore obtain up-to-date information by reviewing all details available on the website of the Ministry of Foreign Affairs
www.viaggiaresicuri.it (sections “Countries,” “Travel Health,” and “Advisories”). The traveler is required, in accordance with the principle of due diligence, to verify the accuracy of their personal documents and those of any minors, as well as to ensure they possess valid travel documents in accordance with the laws of their home country and the relevant international conventions. The traveler must complete the relevant formalities, bearing in mind that the seller or organizer is under no obligation to procure visas or documents.
13.7 If, at the time of booking, the chosen destination is listed by official information channels as a location subject to a “travel advisory” or “warning” for security reasons, the traveler who subsequently exercises the right of withdrawal may not invoke, for the purpose of exemption or reduction of the claim for compensation for the withdrawal, the lapse of the contractual cause related to the security conditions of the country.
13.8 Travelers must comply with the rules of normal prudence and diligence and with the specific rules in force in the destination countries of the trip, with all information provided to them by the organizer, as well as with the regulations, administrative, or legislative provisions relating to the package tour. Travelers will be held liable for any damages that the organizer and/or seller may incur, including those resulting from failure to comply with the above obligations, including the costs necessary for their repatriation. Furthermore, the organizer may require the traveler to pay a reasonable fee for the assistance provided, if the problem is caused intentionally by the traveler or through their fault, within the limits of the expenses incurred.
13. 9 The traveler is required to provide the organizer or the seller with all documents, information, and evidence in their possession that are useful for exercising the right of recourse against the parties who caused or contributed to the occurrence of the circumstances or event from which the compensation, the price reduction, compensation, or other obligations in question, as well as the parties required to provide assistance and accommodation pursuant to other provisions, in the event that the traveler cannot return to the place of departure, and for the exercise of the right of subrogation against third parties liable for the damage; the traveler is liable to the organizer for any prejudice caused to the right of subrogation.
13.10 The traveler must always notify the organizer PROMPTLY, including through the seller, of any lack of conformity encountered during the performance of the package, as indicated in Article 15 below.
14 HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog or other informational material solely based on the express and formal indications 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 EU member states to which the service pertains, or in the case of facilities marketed as a “Tourist Village,” the organizer reserves the right to provide in the catalog or brochure its own description of the accommodation facility, sufficient to allow the traveler to evaluate and consequently accept it.
15 ORGANIZER’S LIABILITY FOR IMPROPER PERFORMANCE OF THE PACKAGE
15.2 The traveler, pursuant to Articles 1175 and 1375 of the Italian Civil Code, shall promptly inform the organizer, directly or through the seller, taking into account the circumstances of the case, of any lack of conformity detected during the performance of a tourist service provided for in the package travel contract.
15.3 If any of the tourist services is not performed as agreed in the package travel contract, the organizer shall remedy the lack of conformity, unless this proves impossible or would be 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 fails to remedy the defect, paragraph 16 applies.
15.4 Subject to the exceptions set forth in the preceding paragraph, if the organizer fails to 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 having been made promptly in accordance with Section 13.2, the traveler may personally remedy the defect 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 need not specify a deadline.
15.5 If a lack of conformity, pursuant to Article 1455 of the Italian Civil Code, constitutes a non-minor breach of the tourist services included in a package and the organizer has not remedied it within a reasonable period set by the traveler in relation to the duration and characteristics of the package, with the complaint made in accordance with point 15.2, the traveler may, at no cost, terminate the package travel contract by operation of law and with immediate effect or, where applicable, request a price reduction pursuant to Section 16 below, without prejudice to any claim for damages. In the event of termination of the contract, if the package included passenger transportation, the organizer shall also arrange for the traveler’s return by equivalent means of transportation without undue delay and at no additional cost to the traveler.
15.6 Where it is impossible to ensure the traveler’s return, the organizer shall bear the costs of necessary accommodation, where possible of a category equivalent to that provided for in the contract, for a period not exceeding 3 nights per traveler or for the longer period provided for by European Union legislation on 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 in Article 2(1)(a) of Regulation (EC) No. 1107/2006, and their accompanying persons, pregnant women, unaccompanied minors, and persons requiring specific medical assistance, provided that the organizer has been notified of their special needs at least 48 hours before the start of the package
16 PRICE REDUCTION AND COMPENSATION FOR DAMAGES
16.1 The traveler is entitled to an appropriate price reduction for the period during which there was a lack of conformity, unless the organizer proves that such lack of conformity is attributable to the traveler. 16.2 The traveler is entitled to receive appropriate compensation from the organizer for any damage suffered as a result of a lack of conformity.
16.3 The traveler is not entitled to 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 package travel contract and is unforeseeable or unavoidable, or is due to unavoidable and extraordinary circumstances.
16.4. The organizer is subject to the limitations provided for by the international conventions in force that are binding on Italy or the EU, regarding the extent of compensation or the conditions under which it is owed by a supplier providing a tourist service included in a package.
16.5 The package travel contract may provide for a limitation on the compensation owed by the organizer, except for personal injury or damages caused intentionally or through negligence, provided that such limitation is not less than three times the total price of the package.
16.6 Compensation or price reductions granted under the Tourism Code and compensation or price reductions granted under other applicable EU regulations and international conventions must be offset against one another.
17 OBLIGATION TO PROVIDE ASSISTANCE
17.1 The organizer shall provide adequate assistance without delay to the traveler in difficulty, including in the circumstances referred to in point 15.7, in particular by providing appropriate information regarding healthcare services, local authorities, and consular assistance, and by assisting the traveler in making remote communications and helping them find alternative travel services.
17.2 The traveler may address messages, requests, or complaints regarding the performance of the package directly to the seller through whom they purchased it, who, in turn, shall promptly forward such messages, requests, or complaints to the organizer.
18 LIABILITY OF THE SELLER
The seller must disclose their capacity and is solely responsible for the performance of the mandate conferred upon them by the traveler through the travel agency contract, regardless of whether the service is provided by the seller themselves, by its agents or employees when acting in the course of their duties, or by third parties whose services it utilizes, with the fulfillment of the obligations assumed to be assessed in light of the diligence required for the exercise of the corresponding professional activity.
19 INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS
Unless expressly included in the price, it is possible—and advisable—to take out special insurance policies at the time of booking at the offices of the organizer or seller to cover cancellation costs (always due except for the specific exceptions provided for by the Tourism Code) referred to in point 10, as well as those arising from accidents and/or illnesses that also cover repatriation costs and the loss and/or damage of luggage. 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 particular attention to the deadlines for filing a claim, deductibles, limitations, and exclusions. The insurance contract in force between the traveler and the insurance company is legally binding between the parties and takes effect between the traveler and the insurance company pursuant to Article 1905 of the Italian Civil Code. At the time of booking, travelers must inform the seller of any specific needs or issues that may require and/or make it appropriate to issue policies other than those proposed or included in the package price.
20 ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
The organizer shall provide the traveler with information regarding any existing complaint handling procedures and alternative dispute resolution (ADR) mechanisms, pursuant to Legislative Decree No. 206 of September 6, 2005, and, if applicable, the ADR body governing the professional and the online dispute resolution platform pursuant to Regulation (EU) No. 524/2013.
21 GUARANTEES TO THE TRAVELER
21.1 TUSCANSAFARI Srl is covered by a civil liability insurance policy in favor of the traveler for compensation for damages resulting from the breach of the respective obligations assumed under the respective contracts with the company WE BIND, policy No. HEC000594/P/2021 (a brand of Heca srl, an underwriting agency of ACCREDITED INSURANCE (EUROPE) LIMITED
21.2 Pursuant to Art. 47 of Legislative Decree 62/2018, package tour contracts are protected, in the event of insolvency or bankruptcy, by membership in the Travel Guarantee Fund – Assoviaggi with certificate no. xxxxxx issued by l, which guarantees, without delay upon the traveler’s request, reimbursement of the price paid for the purchase of the package and the traveler’s immediate return if the package includes the traveler’s transportation, as well as, if necessary, payment for food and lodging prior to return. As an alternative to reimbursement of the price or immediate return, the traveler may be offered the continuation of the package under the terms set forth in Articles 40 and 42 of the Tourism Code.
21.3 The same guarantees are provided by professionals facilitating linked travel arrangements for the refund of all payments they receive from travelers, to the extent that a travel service forming part of a linked travel arrangement is not performed due to the insolvency or bankruptcy of the professionals.
22 INDIVIDUAL TRAVEL SERVICES AND LINKED TRAVEL ARRANGEMENTS
Contracts concerning the provision of only transportation services, only accommodation services, or any other separate tourism service do not constitute a travel arrangement or a package tour; they do not benefit from the protections provided by the Tourism Code, and the contractual terms of the individual provider shall apply. Responsibility for the proper fulfillment of the contract lies with the service provider. In the case of booking related tourist services, the traveler is entitled to protection aimed at refunding 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 refund in the event of the insolvency of the relevant service provider.
23 OPERATIONAL CHANGES
Given that the travel itineraries on the travel website are prepared well in advance, the information regarding the tourist services listed therein and the terms of their use may be subject to changes. These changes will be communicated to travelers prior to the conclusion of the contract and must be specifically approved by travelers as soon as possible and in any case before departure, even if they do not entail additional costs. Travelers may not be charged any additional costs for changes to the itinerary, the tourist services included therein, and/or the terms of use thereof, unless such changes are communicated in the timeframes and manner described above.
24 DISCLAIMER
During the trip, photos and videos of the tourist (“Images”) will be collected to allow the tourist greater participation in the purchased trip, as well as for advertising purposes. By purchasing the tour package, the tourist grants all relevant and necessary rights to use the Images, in accordance with the provisions of the Terms and Conditions, which form an integral part of this Contract.
25 PARTIAL INVALIDITY
The determination of the invalidity of one or more clauses or parts thereof of these general terms and conditions, including due to conflict with the binding provisions of current legislation governing organized tourism contracts as set forth in Legislative Decree No. 62 of May 21, 2018, as well as by the other legal provisions referred to therein and any subsequent amendments or additions, shall not imply the invalidity of the entire contract.
FUNDAMENTAL RIGHTS UNDER DIRECTIVE (EU) 2015/2302
1. Travelers will receive all essential information about the package prior to the conclusion of the package travel contract.
2. There is always at least one professional responsible for the proper performance of all tourist services included in the contract.
3. Travelers are provided with an emergency telephone number or the contact details of a point of contact through which
they can reach the organizer or the travel agent.
4. Travelers may transfer the package to another person, subject to reasonable notice and, where applicable, additional costs arising from such a change.
5. The price of the package may be increased only if specific costs (e.g., fuel prices) rise and if expressly provided for in the contract, and in any case no later than 20 days before the start of the package. If the price increase exceeds 8% of the package price, the traveler may terminate the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction if there is a decrease in the relevant costs.
6. Travelers may terminate the contract without paying termination fees and obtain a full refund of payments if any element of the package is substantially altered [this does not include cases of force majeure as defined by applicable law]. If, prior to the start of the package, the professional responsible for the package cancels it, travelers are entitled to a refund and, where applicable, compensation.
7. Travelers may, in exceptional circumstances, terminate the contract without paying termination fees before the start of the package, for example if there are serious safety concerns at the destination that could jeopardize the package. — Furthermore, travelers may at any time before the start of the package terminate the contract upon payment of reasonable and justifiable termination fees.
8. If, after the start of the package, substantial elements of the package cannot be provided as agreed, suitable alternative arrangements must be offered to the traveler at no extra cost. Travelers may terminate the contract without paying termination fees if the services are not performed as agreed and this significantly affects the performance of the package and the organizer has not remedied the problem.
9. Travelers are also entitled to a price reduction and/or compensation for damages in the event of non-performance or improper performance of the travel services.
10. The organizer is required to provide assistance if the traveler finds themselves in difficulty. — If the organizer or, in certain Member States, the seller becomes insolvent, payments will be refunded. If the organizer or, where applicable, the seller becomes insolvent after the package has begun and if transportation is included in the package, the travelers’ return home is guaranteed. TUSCANSAFARI SRL is a member of the FOGAR/FIAVET CONSORTIUM, tel: 06 5883101 e-mail consorzio.fogar@fiavet. it, and has taken out an insurance policy with certificate no. 40321512001663, in the event of insolvency and bankruptcy, issued by TUA ASSICURAZIONI Srl - phone +39 800533 533, email servizioclienti@tuaassicurazioni.it.
Travelers may contact these entities or the Ministry of Cultural Heritage and Cultural Heritage and Tourism – Directorate General of Tourism, Via del Collegio Romano, 27 00186 Rome, email: fondogaranzia.turismo@beniculturali.it, as the competent Italian authority pursuant to Article 48 of the Tourism Code, should services be denied due to insolvency.
Website where Directive (EU) 2015/2302, transposed into national law, can be found: http://www.gazzettaufficiale.it/eli/id/2018/06/06/...
