GENERAL CONDITIONS / TOUR PACKAGE
TOUR PACKAGE TERMS AND CONDITIONS
PREFACE: TOUR PACKAGE CONTRACT CONTENTS
The following are an integral part of the tour package contract in addition to the general conditions below: a description of the tour package set out in the catalogue (online and in paper form) and a separate travel programme, as well as a booking confirmation sent by the organisation to the agency selling the package as the traveller’s authorised representative. In signing the tour package purchase proposal travellers confirm they have read and agree to the tour package contract as regulated herein and the warnings and conditions in it in addition to the general conditions, both for themselves and on behalf of those referred to in the contract.
1. LEGISLATIVE SOURCES
The sale of tour packages and related tourist services is regulated by the Italian Tourism Code (articles 32-51-novies) as amended by legislative decree 62/2018 which enacts EU directive 2015/2302 and subsequent amendments and the provisions of the Civil Code as regards transport and authorised representatives, where applicable.
2. ADMINISTRATIVE REGIME
The organiser and the tour package vendor used by travellers must be authorised to perform such tasks pursuant to current national, regional or local government legislation and to operate in accordance with it. Organisers and vendors on Italian soil must have civil liability insurance which covers travellers and compensates them for damages deriving from their respective contractual obligation violations. Tour package organisation contracts are backed up by insurance policies or banking guarantees capable of promptly refunding travellers for the sums paid in purchasing the package and paying for travellers’ return journey in the event that the package included transport, as well as their board and lodging prior to return, in the event of organiser or vendor insolvency or bankruptcy. Such obligations also apply to professionals facilitating associated tourist services, requiring them to refund sums paid them by travellers.
For the purposes of this contract the following terms are understood as follows:
a) ‘traveller’: anyone intending to sign a contract, draw up a contract or authorised to travel on the basis of a tour package contract or related tourist service;
b) ‘professional’: any individual or legal entity, public or private, whose commercial, industrial, artisan or professional activities include acting as organiser or vendor in tour package contracts or related tourist services, including by means of a third person acting in his or her name or on his or her behalf as well as professionals facilitating associated tourist services or suppliers of tourist services, pursuant to current legislation;
c) ‘organiser’: a professional who makes up packages and sells them or offers them directly both by means of or in conjunction with a further professional or the professional who passes on the traveller's data to a further professional in accordance with letter c), number 2.4 of Article 33 of the Tourism Code;
d) ‘vendor’: professional other than the organiser who sells and offers packages for sale in conjunction with an organiser;
e) ‘durable medium’: all tools enabling travellers or professionals to store information sent personally to them in such a way as to have access to them in future for a period of time suitable for the ends they are designed to serve and which enables the information stored to be reproduced identically;
f) ‘unavoidable and exceptional circumstances’: circumstances unforeseeable by those referencing them and whose consequences would have been unavoidable even if all reasonable measures had been taken;
g) ‘conformity defect’: non-fulfilment of the tourist services included in a package;
h) ‘minor’: person under the age of 18;
I) ‘return journey’: travellers’ return to their starting point or other location agreed on by the parties to the contract.
4. THE TOUR PACKAGE CONCEPT
4.1. ‘Tour package’ is here taken to mean a combination of at least two different types of tourist services (i.e.: 1. passenger transport; 2. lodging which does not constitute an integral part of passenger transport services and is neither residential nor for the purposes of long term language courses; 3. car, motorbike or other vehicle rental requiring a type A driving license; 4. any other tourist service which does not constitute an integral part of one of the tourist services in points 1, 2 and 3 and is neither a financial or insurance service nor definable as ‘an additional tourist service’ for the purposes of the trip or holiday itself, if at least one of the following conditions applies:
a) these services are offered by a single professional including at the request of the traveller or in accordance with the latter's selection prior to the signing of a single contract for all services;
b) these services, even if distinct contracts with the individual tourist service suppliers apply, are:
b.1) bought at a single point of sale and selected before travellers agree to payment;
b.2) offered, sold or invoiced at an all-inclusive or lump sum rate;
b.3) advertised or sold as a ‘package’ or similar term;
b.4) put together after the signing of a contract in which a professional allows travellers to choose between a selection of different types of tourist services or between services bought from distinct professionals by means of associated telematic booking processes in which the name of the traveller, payment details and email addresses are transferred by the professional with whom the first contract was signed to one or more professionals and the contract with these professionals is agreed 24 hours at the latest after the first tourist service is booked.
4.2 The following are excluded from the definition of tour packages as regulated by these general contractual conditions: tour packages whose services take place within a 24 hour time frame, with the exception of packages which include lodging services, including within the 24 time period.
4.3. ‘Associated tourist services’ are here taken to mean at least two different types of tourist service bought for the purposes of a single trip or holiday but which do not constitute a package and involve the signing of distinct contracts with individual tourist service providers, if a professional is facilitating, or alternatively: 1) on the occasion of a single visit or contact with one point of sale, the separate selection and separate payment of each travel service by travellers; 2) the targeted purchase of at least one additional travel service from another professional, where this purchase is completed at the latest 24 hours after the booking of the first travel service is confirmed.
5. INFORMATION FOR TRAVELLERS
5.1. Prior to the signing of the tour package contract or corresponding offer the organiser and vendor supply travellers with the appropriate ‘standard information form’ and notify them as follows:
a) the principal characteristics of the tourist services, such as: - travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included; means, characteristics and categories of transport, locations, dates and times of departure and return, duration and location of intermediate stops and transport connections; where the exact time has not yet been determined, organisers and, where applicable, vendors notify travellers of the approximate time of departure and return; location, main features and, where applicable, tourist category of the accommodation in accordance with the rules of the country of destination; meals provided; visits, excursion(s) or other services included in the total price agreed for the package; travel services provided travellers as part of a group and, where relevant, the approximate size of the group; the languages in which services are to be provided; whether the trip or holiday is suitable for persons with reduced mobility and, at travellers’ request, precise information on the suitability of the trip or holiday, in accordance with their needs;
b) the trading name and address of the organiser and vendor, telephone number and email address;
c) the total price of the package inclusive of taxes and all additional fees, charges and other costs including administrative and other management costs where these cannot reasonably be calculated prior to the signing of the contract and an indication of the type of additional costs which travellers may incur;
d) payment methods including any amount or total cost percentage payable as a deposit and balance payment deadlines, or financial guarantees to be paid or provided by travellers;
e) the minimum number of persons required for the package to take place and the time-limit, referred to in article 41, section 5(a), prior to the package start date for the possible termination of the contract if this number is not reached;
f) general information on passport and visa requirements, including approximate destination country visa and health formality time frames;
g) information regarding traveller’s rights to terminate the contract at any time prior to the start of the package in return for payment of an appropriate cancellation fee, or, where applicable, standard cancellation fees required by the organiser;
h) information on optional or compulsory insurance covering the cost of contract cancellation by travellers or the cost of assistance, including repatriation, in the event of accident, illness or death;
i) insolvency or bankruptcy insurance details and of third party liability insurance covering travellers;
j) information on the identity of the airline carrier used, where this is not specified at the moment of booking in accordance with article 11 of EU regulation 2111\ 05.
5.2. Where packages are agreed by telephone, organisers and professionals are required to supply travellers with the information specified in the ‘standard information form’ in attachment A, part II of the Italian Tourism Code.
6. PURCHASE PROPOSAL - BOOKINGS
6.1 When signing a tour package contract or, in any case, as soon as possible, organisers and vendors supply travellers with a copy or confirmation of the contract on a durable medium.
6.2 Travellers have the right to a paper copy where contracts are signed in the simultaneous presence of both parties to it.
6.3 As regards contracts agreed outside points of sale, as set out in Article 45, section 1, point h of legislative decree 206/2005, a copy or confirmation of the tour package contract is supplied to travellers in paper form or, on agreement by travellers, in other durable form.
6.4 The tour package contract is to be considered final only on confirmation by the organiser to be sent to travellers, including telematically, and to vendors.
6.5 Travellers are required to notify vendors prior to booking of any specific requests which are to be considered objects of the contract solely where possible and these are always to take written form in the contract and be accepted by the organiser.
6.6 Travel documents (e.g. vouchers) must be supplied to travellers in advance of departure. Travellers must keep these and take them with them on the tour in order to make use of the services booked, together with any other documents supplied them by the vendor (such as airline tickets). It is the responsibility of travellers to check the accuracy of the data shown on both this documentation and the travel contract and notify vendors immediately of any errors. Travellers must supply organisers with participant data exactly as shown on their personal identity documents.
6.7 Any excursions, services or activities bought and paid for by travellers at destination are excluded from this contract and thus organisers and vendors bear no responsibility whatsoever for these, even in the event that, as a matter of courtesy alone, residents, tour organisers, tour guides or other local references make the bookings concerned.
7.1. The tour must be paid for in full at the time of signing the contract.
7.2 Failure to pay the above-mentioned amounts by the relevant due dates constitutes grounds for automatic termination of the contract by the organiser, as does failure by the organiser to pay the sums paid by travellers to the vendor. Such contract termination must be in writing, via fax or email, to the vendor or the traveller’s residential address or email, where given. Payment is considered to have been received when it reaches the organiser directly from the traveller or via the vendor.
8. PRICING AND PRICING AMENDMENTS
8.1 The price of the tour package is specified in the contract, in reference to the itinerary, as shown in the organiser’s catalogue or website, or agreed custom tour programme, together with any changes to these. The price may change - increase or decrease - only in the event of variations in: - passenger transport costs resulting from the cost of fuel or other energy sources; taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package; the exchange rates applying to the package. Price increases are admissible exclusively on prior communication by the organiser to the traveller together with the grounds for the increase and an explanation of the calculations it is based on, at least 20 days prior to the package start date. If the price increase is more than 8% of the total package price, Article 9.2 applies. In the event of a price reduction organisers are entitled to deduct their administrative and management costs from the refund due to travellers and must supply proof of this at traveller request.
8.2 The price is made up of: a) participation fee as shown in the catalogue or package quote supplied by the vendor to travellers; b) the cost of any insurance policies covering cancellation, termination and/or medical expenses or other services requested.
9. CHANGES TO AND TERMINATION OR CANCELLATION OF THE TOUR PACKAGE PRIOR TO DEPARTURE
9.1 Prior to the package start date, organisers can unilaterally modify contractual conditions, with the exception of the price, as long as these changes are minor, notifying travellers of these on durable media, including via the vendor.
9.2 If the organiser is obliged to make significant changes to one or more of the principal tour services in the package prior to its start date or is unable to fulfil the specific requirements accepted previously and expressly set out in the contract or proposes to increase the package price by more than 8%, travellers are entitled, within a reasonable time frame specified by the organiser when notifying travellers of such changes, to accept these changes or terminate the contract without incurring cancellation fees. In the event of termination the organiser can offer travellers a replacement package of equivalent or superior quality. Change notifications must illustrate the proposed changes, their impact on the package price, the time frame within which travellers must notify the organiser of their decision and the consequences of travellers’ failure to respond within the time frame specified, as well as any replacement package offered and its price.
9.3 If the tour package contract changes or the replacement package results in a lower quality or cheaper package, travellers are entitled to a suitable price reduction.
9.4 In the event of termination of the tour package contract pursuant to Article 9.2 the organiser must refund all sums paid by, or on behalf of, the traveller without undue delay and in any event within 14 days of contract termination, in accordance with Article 43, sections 2, 3, 4, 5, 6, 7 and 8 of the Tourism Code.
9.5 The organiser may terminate the tour package contract and provide travellers with a full refund of any payments made for the package, but are not liable for additional compensation, if: a) the number of travellers signing up for the package is below than the minimum number set out in the contract and the organiser notifies travellers of the termination of the contract within the period set out in the contract, but no later than 20 days before the start of the package in the event of trips lasting more than six days; seven days before the start of the package in the event of trips lasting between two and six days and 48 hours before the start of the package in the event of trips lasting less than two days; b) the organiser is prevented from performing the services listed in the contract due to unavoidable and extraordinary circumstances (force majeure, travel advisories warning against travel to listed destinations, etc.) and notifies travellers of the termination of the contract without undue delay prior to the start of the package.
10. CANCELLATION BY TRAVELLERS
10.1 Travellers may terminate the tour package contract at any time before the start of the package on payment of the appropriate cancellation fee which varies in accordance with the cancellation date in relation to the tour start date. In particular:
- in the event of termination up to 30 days prior to the date of departure travellers are liable for cancellation fees amounting to 10% of the package price;
- in the event of termination from 29 to 15 days prior to the date of departure travellers are liable for cancellation fees amounting to 50% of the package price;
- in the event of termination 14 to 7 days prior to the date of departure travellers are liable for cancellation fees amounting to 70% of the package price;
- in the event of termination from 1 to 6 days prior to the date of departure, or no-shows, travellers are liable for cancellation fees amounting to 100% of the package price.
10.2 Organisers are entitled to deduct the charges shown above directly from sums paid by travellers.
10.3 Travellers are free to take out travel insurance policies to cover the costs of cancellation, or assistance, including repatriation in case of injury, illness and death. Depending on the package chosen, organisers notify travellers as to the voluntary or obligatory nature of this insurance.
10.4 Cancellation fees are not due in the event of the conditions set out in the previous article 9.2. In the event of unavoidable and extraordinary circumstances occurring in the destination location or its immediate vicinity with a significant impact on the fulfilment of the package or passenger transport to the destination, travellers are entitled to cancel the contract prior to the package start date without paying cancellation fees and to a full refund of the cancellation fees but no additional compensation.
10.5 in the event of contracts signed outside the point of sale (as defined by article 45, section 1, point h) of legislative decree 206/2005) travellers are entitled to cancel tour package contracts within 5 days of the signing of the contract or the date of receipt of the contractual conditions and the preliminary information, if this latter is later, without being liable for fees or being required to explain the grounds for their decision. In the event of offers involving significant price discounts on current prices, the right to cancel does not apply. In this latter case the organiser documents price variations and highlights the absence of the right to cancel sufficiently.
10.6 Any cancellation by travellers due to circumstances relating to the Covid-19 virus health emergency will be dealt with in accordance with the applicable emergency legislation.
11. POST-DEPARTURE CHANGES
11.1 In the event that unforeseen circumstances not attributable to the organiser should make it impossible to fulfil a substantial part of the combination of services included in the contract – in value or quality terms – organisers are responsible for offering alternative arrangements in quality terms, possibly equivalent or superior to those specified in the contract, without passing on additional costs to travellers, to enable the package to continue, except in the event that travellers return to their departure point is not supplied as agreed. If alternative arrangements proposed result in a lower quality package than that set out in the tour package contract organisers are required to reduce the package price accordingly.
11.2. Travellers are entitled to refuse the alternative arrangements made only if these are not comparable with those agreed in the tour package contract or if the price reduction offered is insufficient.
11.3. If alternative arrangements are unavailable or travellers refuse the alternative arrangements made, in accordance with the provisions of section 1 above, travellers are entitled to a price reduction. In the event of non-fulfilment of the offer obligation, article 15.5 below applies.
11.4. In the event that unforeseen circumstances not attributable to the organiser make it impossible to provide for the traveller’s return, as set out in the tour package contract, articles 15.6 and 15.7 below apply.
12. REPLACEMENT AND TRANSFER OF A CONTRACT TO ANOTHER TRAVELLER
12.1 Travellers may transfer a tour package contract if: a) the organiser is notified no later than seven days prior to the package start date; b) the person concerned fulfils all the conditions applicable to that contract (i.e. visa, passport, health certificates, etc.); c) the same services or other replacement services can be supplied after the replacement, d) organisers are paid all administrative and management fees relating to the replacement to an extent which is to be quantified prior to transfer. Travellers transferring their contractual rights to a further traveller are entitled to information on the rights, dues and other additional costs resulting from the transfer. Transfer costs may, for example, include the purchase of new transport tickets at rates applicable and available at the moment of transfer.
12.2. Transferor and transferee are jointly responsible for covering all costs, including any administrative and operational fees, dues and additional costs related to the processing of the substitution.
12.3. In accordance with Article 944 of the Navigation Code substitutions are subject to the agreement of the carrier.
12.4 If travellers request changes to a previously confirmed contractual element or tourist service, and provided that such variation is possible and does not require the drawing up of a new contract, travellers are liable for all administrative and operational fees as well as any costs deriving from these (i.e. in the event of new flight tickets being required travellers will incur the costs of the applicable rate at the time of the request).
13. TRAVELLERS’ OBLIGATIONS
13.1 Where required travellers are duty bound to present valid identity documents both at the moment of booking and subsequently, during the contract fulfilment stage.
13.2 Non-Italian nationals must have individual passports and any visas which may be required and can source any up-to-date information they may need from their embassies and consulates in Italy and/or official government information channels.
13.3 Travellers must abide by all normal prudence and diligence standards and those specifically applying in the countries they are travelling to, all information supplied them by organisers in addition to regulations, administrative provisions and laws relating to the tour package. Travellers will be liable for all damage caused to organisers and/or vendors resulting from travellers’ failure to abide by the obligations shown above, including any repatriation expenses. Furthermore organisers can charge travellers reasonable amounts for the services provided where problems are the result of the unintentional or intentional actions of travellers, within the constraints of the expenses incurred.
13.4 Travellers are responsible for supplying organisers or vendors with all the documents, information and other elements in their possession for the purposes of the fulfilment of the right to terminate the contracts of any travellers causing or contributing to circumstances or events leading to indemnity, price reductions, compensation and other related obligations, as well as those of subjects required to supply assistance and lodging services in accordance with other provisions, in the event that travellers are unable to return to their departure point and for the exercise of subrogation rights as regards third parties responsible for such damage and are liable for any injury caused to the organiser by the subrogation rights.
13.5 Travellers must always notify organisers promptly of any conformity defects found during the package, including via vendors, as set out in Article 15 below.
14. HOTEL CATEGORY
14.1 Official hotel categories are shown in the catalogue and other information material solely on the basis of the express and formal indications of authorities with jurisdiction in the countries in which the service is provided. In the absence of official categories recognised by the public authorities of the relevant EU member states, or where structures sold as tourist resorts are concerned, organisers reserve the right to supply their own descriptions of these in their catalogues or leaflets for the purposes of enabling travellers to judge these for themselves and agree to them.
15. ORGANISERS’ RESPONSIBILITY FOR PACKAGE FULFILMENT INACCURACIES
15.1 In accordance with Article 42 of the Tourism Code, organisers are responsible for the fulfilment of all tour services set out in a tour package contract irrespective of whether these are to be fulfilled by the organisers themselves, their associates or their representatives acting within their duties, third parties whose services the organisers makes use of or other tourist service suppliers, pursuant to Article 1228 of the Civil Code.
15.2. Pursuant to articles 1175 and 1375 of the Civil Code, travellers are responsible for notifying organisers promptly of any conformity defects found during the fulfilment of a tour service comprised by a tour package contract, in accordance with the circumstances of the case.
15.3. If one of the services is not fulfilled in accordance with the tour package contract, the organiser must remedy this conformity defect unless this is impossible or entails disproportionate costs, in accordance with the entity of the conformity defect and the value of the tourist services affected by the defect. If the organiser does not remedy the lack of conformity, Article 16 below applies.
15.4. Without prejudice to the previous point, if the organiser does not remedy the lack of conformity within a reasonable period established by the traveller in relation to the characteristics and duration of the tour package, after this is brought immediately to the organiser's attention pursuant to Article 13.2, the traveller may take personal action and request refund of the necessary expenses, provided these are reasonable and documented. If the organiser refuses to remedy the conformity defect, or if immediate remedy is evidently necessary, travellers do not need to set a time limit.
15.5. If a conformity defect pursuant to Article 1455 constitutes a significant non-fulfilment of the tour services included in a package and the organiser does not remedy this within a reasonable period of time, determined by the traveller in relation to the duration and characteristics of the package, brought immediately to the attention of the organiser pursuant to article 15.2 below, the traveller can, without incurring expenses, legally terminate the tour package contract with immediate effect or, where appropriate, request a price reduction in accordance with Article 16 below, without prejudice to any damage compensation claims. In the event of contract resolution, if the package comprised passenger transport, the organiser is also responsible for providing for the traveller’s return journey with equivalent transport without unjustified delays and additional costs for the traveller.
15.6. Where ensuring the traveller's return journey is impossible, the organiser is liable for the necessary lodging costs at a category equivalent to that set out in the contract where possible for a period not exceeding 3 nights for the traveller, or potentially for a longer period provided for in European Union legislation relating to passenger rights applicable to the relevant means of transport.
15.7. The cost limitations referred to in the previous point 15.6 do not apply to people with reduced mobility, as defined by Article 2, section 1, point a) of EU regulation No. 1107/2006 and those accompanying them, pregnant women, unaccompanied minors and those needing specific medical assistance as long as the organiser is notified of these at least 48 hours prior to the package start date.
16. PRICE REDUCTIONS AND DAMAGES COMPENSATION
16.1. Travellers are entitled to a sufficient price reduction covering the non-conformity period unless organisers can demonstrate that the lack of conformity was attributable to the traveller.
16.2. Travellers are entitled to adequate compensation for any damage caused them as a result of a conformity defect.
16.3 Travellers are not entitled to damages compensation if the organisers demonstrate that the conformity defect is attributable to the traveller or a third party unrelated to the provision of the tour services comprised by the tour package contract and unforeseen or inevitable or due to unavoidable and extraordinary circumstances.
16.4 Organisers are covered by the limitations foreseen by currently applicable international conventions binding in Italy and the EU relating to the extent of liability or conditions due them by suppliers of services comprised in a package.
16.5 A tour package contract can limit the organisers’ liability, except where damage to people, intentional damage or negligence is concerned, as long as such limitations are no less than three times the total price of the package.
16.6 The compensation or price reductions due in accordance with the Tourism Code and the compensation or price reductions due in accordance with other EU regulations and applicable international conventions are mutually deductible.
17. ASSISTANCE OBLIGATIONS
17.1 Organisers must give appropriate assistance without undue delay to travellers in difficulty, including in the circumstances listed in Art. 15.7 above. In particular, assistance may mean providing appropriate information on health services, local authorities and consular assistance, assisting travellers in distance communications and helping them to make alternative travel arrangements.
17.2 Travellers can send messages, requests or complaints relating to the fulfilment of the package directly to the vendor they bought it from who will in turn promptly pass these on to the organisers.
18. VENDOR RESPONSBILITIES
18.1 Vendors are responsible for quality indications and exclusively for the fulfilment of all tourist services listed in the tour brokerage contract, irrespective of whether they provide these directly, or via associates or representatives acting for them or via third parties whose services they use, as the fulfilment of these obligations must be undertaken with due diligence based on the corresponding professional activity.
19. CANCELLATION OR REPATRIATION ASSISTANCE
19.1 Unless expressly comprised in the price, it is advisable for travellers, at the moment of booking, to take out adequate insurance policies to cover the cancellation costs referred to in point 10 (always with the exceptions set out in the Tourism Code), as well as costs deriving from illness and/or injury and covering repatriation and loss of, or damage to, their baggage. The rights resulting from an insurance contract must be exercised directly with the insurance companies contracted on the conditions and methods set out in such policies and pay special attention to claim time frames, excess, limitations and exclusions. Insurance contracts existing between travellers and insurance companies are legally binding and their effects on travellers and insurance companies are regulated by Article 1905 of the Civil Code.
19.2 When booking travellers must notify vendors of any specific needs or problems which may make necessary and/or opportune insurance policies differing from those proposed or included in the package price.
20. ALTERNATIVE DISPUTE RESOLUTION PROCEDURES
20.1 Organisers are responsible for informing travellers as regards to existing complaints procedures and Alternative Dispute Resolution (ADR) mechanisms in accordance with legislative decree 206/2005 and, if applicable, the ADR body regulating relevant professionals and the online dispute resolution platform pursuant to EU regulation 524/2013.
21. TRAVELLER GUARANTEES
21.1. Organisers and vendors on Italian soil must have civil liability insurance which covers travellers and compensates them for damages deriving from their respective contractual obligation violations.
21.2. Tour package organisation contracts are covered by insurance policies or banking guarantees covering travellers abroad or in a single country, including Italy, for organiser or vendor insolvency or bankruptcy including sums paid in purchasing a package and travellers’ return journeys in the event that the package included transport as well as their board and lodging prior to return, without undue delay and on traveller request. As an alternative to refunds or immediate return travellers can be offered a continuation of the package in accordance with the methods set out in articles 40 and 42 of the Tourism Code.
21.3 Professionals facilitating associated tourist services are responsible for these same guarantees, including refunds for all sums paid them by travellers, to the extent to which a tourist service which forms part of an associated tourist service has remained unfulfilled due to the insolvency or bankruptcy of the professional.
22. SPECIFIC TRAVEL METHODS ON HERITAGE TRAINS
22.1 Packages always include travel services on the heritage train called Dante’s Train. The following provisions apply to this service.
22.2 Travel via the heritage train takes place in all weather conditions.
22.3 Departure times are fixed. They are set by the railway network manager and must be respected. Vendors and organisers are therefore not liable in the event that passengers arrive later than the scheduled departure time and are unable to use the service.
22.4 Vendors and organisers are not liable for heritage train substitutions with non-historical trains for technical reasons or due to force majeure. Such substitutions of the heritage train are the sole responsibility of Fondazione FS Italiane and/or Trenitalia which manage the railway line and the transport service. In such cases, travellers are not entitled to refunds.
22.5 There are no restrictions to the amount of luggage travellers may take on the heritage train. Travellers are responsible for loading and unloading their luggage onto the train and looking after it. The former are also solely responsible for any damage caused by their luggage to property or people, including staff on the heritage train. Organisers and vendors shall under no circumstances be liable for damage to, and/or loss of, luggage and/or travellers’ belongings.
22.6 Travellers travelling with bicycles (or luggage incompatible with the train’s storage capacity) must stow these in the designated carriage. Travellers are responsible for loading and unloading their bicycles onto the train and any damage caused to other bicycles and/or people and things, including the staff of the heritage train. They are liable for their bicycles and any damage caused by them to other bicycles and/or property or people, including staff on the heritage train. Organisers and vendors are, under no circumstances, liable for damage to, and/or loss and/or theft of, bicycles.
22.7 Dogs, cats and other small pets may be taken on the train free of charge, without prejudice to special exceptions. Under no circumstances may animals allowed in the carriages occupy seats intended for passengers. If an animal disturbs other passengers, train staff will ask the owner to move to another free seat. All dogs, except guide dogs, must have muzzles and be kept on a lead. They must also have a certificate of registration on the canine registry which must be shown whenever requested by train staff and when purchasing tickets, where applicable. Owners are responsible for looking after their animals and are liable for any damage caused by their animals to property and/or people, including staff on the heritage train.
22.8 The unique layout of the heritage train and the lack of equipped seats means that it is physically impossible for passengers in wheelchairs or similar mobility devices to board and travel on the train.
22.9 If passengers decide not to complete the whole Dante's Train journey and to alight at one of the intermediate stations, they shall be entitled to a refund from Il Treno di Dante of the cost of a ticket for a standard FS train to Dante's Train’s final destination. To obtain such a refund, passengers are required to: (i) notify the stewards on the train in plenty of time that they wish to alight at one of the intermediate stops; (ii) ask stewards for a copy of the refund application instructions; (iii) follow the steps set out in the instructions and provide all the information requested. Passengers are responsible for any mistakes made when applying for a refund or any incorrect information given. Travellers are also responsible for purchasing any train tickets they may need to continue their journey and/or return to the station where they alighted.
23. INDIVIDUAL TOURIST SERVICES AND ASSOCIATED TOURIST SERVICES
23.1 Contracts whose purpose is transport services alone, accommodation services alone or any other single tourist service, or tourist packages applying to a single 24-hour period (with the exception of those including accommodation services) cannot be considered to be covered by tour package negotiation processes pursuant to the Tourism Code and are thus not covered by the safeguards applying to these. The contractual conditions applying to these will be those of individual suppliers. Responsibility for correct contract fulfilment lies with the service supplier. When travellers book associated tour services they are covered by safeguards which entitle them to compensation for sums paid to professionals unfulfilled due to the insolvency of the professional who took payment from them. This protection does not cover them in the event of the insolvency of the relevant service supplier.
24. COVID-19 SELF-DECLARATION.
24.1 By accepting these terms and conditions for the purposes of this service, passengers declare under their own responsibility, and are aware of the legal and criminal consequences of false statements, that they:
- are not currently COVID-19 positive;
- are not currently subject to self-isolation and/or quarantine requirements in accordance with current COVID-19 regulations;
- have not had a temperature of over 37.5 degrees, cough, difficulty breathing, flu-like symptoms, conjunctivitis or diarrhoea in the 14 days prior to using the service;
- have not been in contact with anyone suffering from COVID-19 in the 14 days prior to using the service;
- have not been in contact with anyone in quarantine in the 14 days prior to using the service;
- have not visited areas considered to be at risk from the virus in the 14 days prior to using the service;
- have not been in contact with people from areas considered to be at risk from the virus in the 14 days prior to using the service;
- will abide by existing rules on interpersonal distancing, the obligatory use of masks on board the vintage train, at the station and in other areas in which it is required when they use the services included in the package.
Tour package notice
The combination of services offered by Il Treno di Dante s.r.l. is a package pursuant to EU Regulation 2015/2302. You are thus covered by all the EU rights applying to packages. Il Treno di Dante s.r.l. is fully responsible for the correct fulfilment of the package as a whole. Furthermore, as required by the law, Il Treno di Dante s.r.l. is covered by insurance enabling it to refund your payments and, if transport is included in your package, guarantee your repatriation in the event of insolvency. For further information on your fundamental rights pursuant to EU directive 2015/2302
1. Travellers will be provided with all essential information on the package prior to signing a tour package contract.
2. There is always at least one professional responsible for the appropriate fulfilment of all the tour services included in the contract.
3. Travellers are provided with an emergency telephone number or the details of a contact number with which to reach package organisers or travel agents.
4. Travellers can transfer the package to another person, subject to reasonable notice and potentially payment of additional costs.
5. Package prices can only increase if its specific costs increase (fuel costs, for example) and if expressly set out in the contract and, in any case, not within 20 days of the package start date.
If the increase in price is greater than 8% of the package price, travellers can terminate the contract. If organisers reserve the right to increase prices travellers are entitled to a price reduction in the event of relevant cost decreases.
6. Travellers can terminate a contract without incurring cancellation fees and be refunded in full if one of the package's essential elements, other than the price, changes substantially. If the professional responsible for the package cancels it prior to the package start date travellers are entitled to refunds and, where applicable, compensation.
7. In exceptional circumstances travellers can terminate a contract without incurring cancellation fees prior to the package start date if, for example, serious security issues arise in the destination location which may compromise the package. - Furthermore travellers can, at any time prior to the package start date, terminate the contract on payment of suitable and justifiable cancellation fees.
8. If substantial elements of the package cannot be supplied as agreed, after the package has started, suitable alternative arrangements must be offered travellers at no additional cost. Travellers can terminate a contract without incurring cancellation fees in the event that services are not provided as agreed and this impacts significantly on the fulfilment of the package and the organiser has not rectified the problem.
9. Travellers are also entitled to a price reduction and/or compensation for damages in the event of a failure to provide tour services or a conformity defect in these.
10. Organisers are responsible for assisting travellers in difficulty
11. Il Treno di Dante has taken out civil liability insurance with Compagnia Assicurativa UnipolSai Assicurazioni (insurance policy number: 1/2572/319/178288354).
12. If organisers or, in some EU member states, vendors become insolvent, payments will be refunded.
If organisers or, where applicable, vendors become insolvent after the package start date and transport is included in it, traveller repatriation is guaranteed. Il Treno di Dante s.r.l. has taken out insolvency cover with Fondo Vacanze Felici s.c.a.r.l.
13. Travellers can contact Fondo Vacanze Felici s.c.a.r.l., with registered offices in Via Larga no. 6, Milan and operational offices in Corso Venezia no. 47, Milan, Tel 02-92979050, PEC firstname.lastname@example.org or, where appropriate, the competent authorities (Ministero del Turismo, with registered offices in Via Marghera no. 2, 00185, Rome, Tel. +39.0667233872 email: email@example.com; pec: firstname.lastname@example.org) where services are not provided as a result of the insolvency of Il Treno di Dante s.r.l. EU directive 2015/2302 incorporated into Italian law in the official gazette (legislative decree 62/ 2018)
Il Treno di Dante has taken out civil liability insurance with Compagnia Assicurativa UnipolSai Assicurazioni (insurance policy number: 1/2572/319/178288354).
Il Treno di Dante is authorised to carry out travel agency/tour operator business (SUAP register no. 1691/2020).
Il Treno di Dante has taken out insolvency insurance with Fondo Vacanze Felici s.c.a.r.l., whose registered offices are in Via Larga no. 6, Milan and operational offices in Corso Venezia no. 47, Milan, Tel 02-92979050, PEC email@example.com.