rules governing Tour Packages On October 23, 2005 came into force on the Consumer Code. This is the Legislative Decree 6 September 2005, No 206 on the reorganization of legislation protecting the consumer, which consists of 146 articles (now 170 after the amendments of 2007), and is the work of a committee established at the Ministry of Economic Development, under the authorization contained in. 7 of the Law of 29 July 2003, no 229.
vengolo listed in this section, the articles relating to tourism services
Capo II
Travel Services
Article 82. (1)
Scope
1. The provisions of this chapter shall apply to holiday packages as defined in Article 84, sold or offered for sale within the country by the organizer or the seller under Article 83.
2. This chapter shall also apply 'to tourist packages negotiated away from business premises and at a distance, without prejudice to the provisions in Articles 64 67.
(1) Article amended by Legislative Decree 23 October 2007, No 221.
Article 83.
Definitions 1. For the purposes of this Chapter shall apply:
a) organizer of the trip, the person who has the combination of the elements referred to in Article 84 and in his own name and is obligated to provide a lump sum payment to a third party package tours;
b) the seller, the person who sells or agrees to provide tour packages made under Article 84 to a flat fee;
c) consumer package tours and the purchaser, the transferee of a package holiday or any person also be appointed, as long as' satisfies all the conditions required for the use of the service, on whose behalf the principal contractor agrees to purchase a package without remuneration.
2. The organizer can 'sell tour packages directly or through a retailer.
Article 84. (1)
Vacation packages
1. The tour packages are subject to travel, package holidays and package tours, resulting from the combination of at least two of the elements listed below, sold or offered for sale at a flat rate, for a period exceeding twenty-four hours or includes at least one night:
a) transport;
b) accommodation;
c) tourist services not ancillary to transport or accommodation provided for in Article 86, letter i) o), which constitute a significant part of the package.
2. The separate billing of the components of the same package shall not absolve the organizer or retailer from the obligations of this Chapter.
(1) Article amended by Legislative Decree 23 October 2007, No 221.
Article 85.
of the contract for the sale of packages
1. The contract for the sale of packages and 'made in writing in clear and precise.
2. The consumer should be given a copy of the contract, signed or stamped by the organizer or seller.
Article 86.
Contents of contract for the sale of packages
1. The contract contains the following elements:
a) destination, duration, start date and end, where periods of stay are, with the same duration, dates of beginning and end;
b) the name, address, Phone and details of the exercise of the organizer or seller signing the contract;
c) the price of package, mode 'in its review, fees and taxes on landing, loading and unloading at ports and airports and other expenses charged to the traveler;
d) the amount, not exceeding twenty five per cent of the price to be paid at time of booking, as well as 'the deadline for payment of the balance, and this amount' paid as a deposit but the effects referred to 'Article 1385 of the Civil Code does not occur if the withdrawal is dependent on factors arising not due, or is justified by the serious failure of the counterparty;
e) details of insurance cover and any additional policies agreed with the traveler;
f) requirements and methods' Intervention of the guarantee fund referred to in Article 100;
g) the means, characteristics and types of transportation, date, time, place of departure and the return type of seat assignment;
h) where the package includes accommodation, its location, its tourist category, level, suitability 'acceptance of people with disabilities, as well as' the main features , compliance with 'the rules of the host Member State, meal;
i) route, visits, excursions or other services included in the package, including the presence of companions and tour guides;
l) the period within which consumer must be informed of the cancellation of travel for any failure by the minimum number of participants may be required;
m) specific agreements on mode 'of travel expressly agreed between the organizer or the retailer and the consumer at the time of booking;
n) any costs to the consumer for the sale of the contract to another party;
o) period within which the consumer must make any claim for breach of contract or improper performance of the contract;
p) period within which the consumer shall notify his decision in relation to changes in contractual conditions laid down in Article 91.
Article 87.
Consumer information
1. During the negotiations and before the conclusion of the contract, the seller or the organization provides written general information concerning the conditions applicable to nationals of EU Member State in respect of passport and visa with a statement of the terms for the issue, as well as 'health care obligations and the related formalities' for making the trip and of stay.
2. Before the trip organizer and seller communicate to the consumer in writing the following information:
a) the times and places' of intermediate stops and transport connections
b) generality 'and telephone number of any representative of the local' organizer or seller, local offices contacted by the traveler in case of difficulty ';
c) the telephone number organizer or seller can use in case of difficulty 'in the absence of local representatives;
d) for travel and stays abroad by minors, a telephone number to establish direct contact with these or with the manager's place of stay ;
s) on the optional conclusion of an insurance contract to cover the expenses incurred by the consumer to cancel the contract or for repatriation in case of accident or illness.
3. Where a contract is' signed imminent departure, the particulars contained in paragraph 1 shall be supplied together with the conclusion of the contract.
4. It 'did it anyway prohibition on providing misleading information the mode 'of service, price and other elements of the contract regardless of the means by which that information is communicated to the consumer.
Article 88.
booklet
1. The brochure, if made available to the consumer indicates in a clear and precise:
a) the destination, mode, type, category of transport used;
b) hotel accommodation or other accommodation , location, category or level and the main features, its approval and classification by the host;
c) meals provided;
d) the itinerary;
e) information general applicable to a national of a Member State European Union passport and visa, with details of terms for the issue, as well as 'health care obligations and the related formalities' to be undertaken for making the trip and the stay;
f) the amount or percentage of the price to be paid as a deposit and the timetable for payment of the balance;
g) an indication of the minimum number of participants may be required for the performance of travel and the term within which the consumer must be informed of the cancellation of the package;
h) the terms, mode ', the person against whom it exercises the right of withdrawal Articles 64 to 67, in the case of contracts negotiated away from business premises or remotely.
2. The information contained in the brochure are binding on the organizer and the seller in relation to their responsibilities', unless that changes to the conditions set out therein are not communicated in writing to the consumer before the contract is concluded or are agreed by the contracting parties, through a specific written agreement, then the conclusion.
Article 89.
Assignment
1. The consumer can 'replace if' third which satisfies all the conditions for the use of the service, in the relations arising from the contract, if written notice to the organizer or seller, not later than four working days before departure, that he is unable 'to avail of the package, and generality' of the transferee.
2. The transferor and the transferee are jointly liable to the organizer or the seller to pay the price and additional charges may result in the transfer.
Article 90.
Price review
1. The revision of the standard price for the sale of package agreed by the parties 'permitted only when it has been expressly provided for in the contract, the definition has the' calculation, as a result of variation in the cost of transport, fuel, human rights and taxes such as landing, embarkation or disembarkation at ports or airports, the exchange rate applied. Costs must be adequately documented by the seller.
2. The upward revision can not 'in any case exceed ten per cent of the price of its original amount.
3. When the price increase exceeds the percentage referred to in paragraph 2, the buyer can 'withdraw from the contract, subject to reimbursement of sums already' paid to the counterparty.
4. The price can not 'in any event be increased during the twenty days prior to departure.
Article 91.
Changes in contractual conditions
1. Before departure, the organizer or seller who needs' to change significantly one or more 'parts of the contract, will be' immediate notice in writing to the consumer, indicating the type of change and the change in price that follows, in accordance with Article 90.
2. If you do not accept the proposed amendment referred to in paragraph 1, the consumer can 'withdraw, without penalty, and is entitled to the provisions of article 92.
3. Consumers communicate its choice to the organizer or the seller within two working days from the time when he received the notice referred to in paragraph 2.
4. After the start, when an essential service under the contract can not 'be carried out, the organizer provide for adequate alternative arrangements for the continuation of the scheduled trips not involving charges of any kind to the consumer, or reimburse it for the difference between the services originally planned and carried out, to pay compensation for damage.
5. If it is not 'no alternative solution or the consumer did not accept for a valid reason, the organizer provides an equivalent means of transportation for the return to the place of departure or other place agreed upon, and shall refund the difference between the cost of benefits provided and the performance up to the time of anticipated return.
Article 92.
Consumer Rights in case of withdrawal or cancellation of service
1. When the consumer cancels the contract in the cases provided for in Articles 90 and 91, or the package is canceled prior to departure for any reason, except to blame the consumer will be entitled to take a substitute package of quality 'or equivalent more at no extra cost, or a lower quality package with a refund of the price difference, or the e 'refunded within seven working days from the time of termination or cancellation, the amount of money already' paid.
2. In the cases provided for in paragraph 1, the consumer is entitled to be indemnified for any further harm dependent non-performance of contract.
3. Paragraph 2 shall not apply where the cancellation of the package depends on the failure to reach the minimum number of participants may be required and the consumer has been informed in writing at least twenty days before the scheduled departure date, or due to force majeure, excluded in any case, the overbooking.
Article 93.
Failure or failure to meet
1. Without prejudice to the requirements of the article above, in the event of failure or defective performance of its obligations through the sale of the package, the organizer and seller are required to pay damages in accordance with their responsibilities', if you do not feel that the failure or defective performance and 'was due to impossibility' of benefits due to them not responsible.
2. The organizer or seller who makes use of other service providers and 'remain liable to pay compensation for the damage suffered by the consumer, except the right to retaliate against them.
Article 94. (1)
Responsibility 'for personal injury
1. The damage caused to the person from the non or improper performance of the services covered by the package, and 'reparation within the limits of international conventions governing the matter, they are part of Italy or the European Union, and, in Specifically, within the limits set by the Warsaw Convention of 12 October 1929 on International Carriage by Air Act enforced by May 19, 1932, No 841, the Berne Convention of 25 February 1961 on rail transport, as enforced by the Law of 2 March 1963, No 806, and the Brussels Convention of 23 April 1970 (CCV), as enforced by the law of 27 December 1977, no 1084, assumption of responsibility for each other 'organizer and seller, so' as incorporated into or within the limits established by subsequent agreements, brought into force in Italian law, under which countries join the European Union or the same European Union.
2. The right to claim damages shall expire three years after returning to the traveler's place of departure, unless the period of eighteen or twelve months with regard to the failure of transport services included in the package for which the provisions of Article 2951 of the Civil Code.
3. E 'void any agreement that sets limits on compensation below those referred to in paragraph 1.
(1) Article amended by Legislative Decree no. March 15, 2006, No 151.
Article 95.
Responsibility 'for damages other than personal
1. The parties may agree in writing, except in each case, the application of Article 1341 of the Civil Code and Articles 33 to 37 of the Code, limitations to pay damages, other than personal injury, resulting from the execution of dall'inesatta or services covered by the package.
2. The restriction referred to in paragraph 1 can not 'be, on pain of nullity', however under the provisions of Article 13 of the International Convention for the travel contract (CCV) signed in Brussels on April 23, 1970, implemented by Law of 29 December 1977 No 1084.
3. In the absence of specific agreement, the damages and 'permissible limits laid down in Article 13 of the International Convention on the travel contract (CCV) signed in Brussels on April 23, 1970, implemented by Law of 29 December 1977 No 1084, and articles from 1783 to 1786 of the Civil Code.
4. The right to damages shall expire one year after the return of the traveler in the place of departure.
Article 96.
Disclaimer '
1. The organizer and the seller are exempt from responsibility 'referred to in Articles 94 and 95, when the failure or improper performance of the contract and' oe due to consumers' stemmed from the fact that one third to unforeseeable or unavoidable, or a case accident or force majeure.
2. The organizer or seller of preparing promptly all measures necessary to aid the consumer in order to enable the continuation travel, except in each case the right to compensation in cases where the incorrect performance of the contract is due to the latter.
Article 97. Right of subrogation
1. The organizer or seller who have paid compensation to the consumer, surrogate, all the rights and actions of the latter responsible for third parties.
2. The consumer provides the organizer or seller all documents, information and facts in its possession relevant to the exercise of the right of subrogation.
Article 98.
Claim 1. Any failure in the performance of the contract must be challenged by the consumer without delay so that 'the organizer, his local representative, or the guide may remedy the situation promptly.
2. The consumer can 'ALSO' complaint by sending a registered letter with acknowledgment of receipt, the organizer or seller, not later than ten working days after returning to the place of departure.
Article 99.
Insurance
1. The organizer and the seller must be covered by liability insurance 'to the consumer for civil damages under Articles 94 and 95.
2. E 'without prejudice to the right' to take out insurance policies to assist the tourist.
Article 100. (1)
Guarantee Fund
1. E 'established at the Presidency of the Council of Ministers a national guarantee fund to enable, in case of insolvency or bankruptcy of the seller or organizer, a refund of money paid and repatriation of the consumer in case of travel abroad , as well as 'to provide immediate availability' economy in case of forced return of tourists from non-EU countries during emergencies, whether or not attributable to the conduct of the organizer.
2. The fund 'financed by an annual fee equal to two per cent of the premium of the insurance policies required under Article. 99, and 'paid into the state budget to be reassigned, by decree Minister of Economy and Finance, the fund referred to in paragraph 1.
3. The fund operates for the purpose 'referred to in paragraph 1, within an amount corresponding to such' as \u200b\u200bdetermined under subsection 2.
4. The fund will be able to 'exercise the right of recourse against the defaulting party.
5. The mode 'management and operation of the fund are determined by the President of the Council of Ministers, in consultation with the Minister of Economic Development and the Minister of Economy and Finance. Until the date of entry into force of the decree referred to in this paragraph, shall remain in force the provisions of the Decree of the Ministry of Industry, Commerce and crafts July 23, 1999, No 349.
(1) Article amended by Legislative Decree 23 October 2007, No 221.
