GENERAL TERMS OF TOUR PACKAGE CONTRACT
Montedelia Tour, a division of Monte d'Elia Srl with its registered office at 95 Garibaldi Street, 73011 Alezio (Le), VAT No. 03484710755, REA No. 225281 dated 13/12/2000 with the Chamber of Commerce of Lecce, holder of a license for the operation of a Travel Agency and tour operator, authorized by the Province of Lecce under number 628 dated 22/03/2013, engages in the organization and sale of tourist packages and the intermediation of individual tourist services. The packages and services presented in this catalog, and through all the operator's proprietary portals, namely:
- www.montedelia.com
- www.salentostyle.com
- www.apuliavillas.it
- www.tripinitaly.it
will be offered for sale under the conditions described therein, subject to what is indicated in these contract terms and at the time of booking confirmation.
CONTENT OF THE TOUR PACKAGE SALES CONTRACT
The description of the tourist package contained in the catalog or in the separate travel program, along with the booking confirmation of the services requested by the traveller and the documents mentioned in article 36, paragraph 8 of the Tourism Code, form an integral part of the travel contract. When the contract is intermediated by a Travel Agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, acting as the traveller's representative, and the traveller is entitled to receive it from the same. By signing the proposal for the purchase of a tourist package, the traveller expressly declares to have understood and accepted, on behalf of themselves and the individuals for whom they request the all-inclusive service, both the travel contract as regulated therein, the warnings contained therein, and these general conditions.
1. REGULATORY SOURCES
The sale of tourist packages, which involve services to be provided both domestically and internationally, is governed by articles 32-51 novies of Legislative Decree No. 79 of May 23, 2011 (the so-called "Tourism Code," hereinafter referred to as the TC), as currently amended by Legislative Decree No. 62 of June 6, 2018, implementing EU Directive No. 2015/2302, as well as by the provisions of the Civil Code regarding transport, service contracts, and agency, as applicable, and by the Navigation Code (Royal Decree No. 327 of March 30, 1942).
2. ADMINISTRATIVE REGIME
The organizer and the selling agency of the tourist package that the traveller approaches must be authorized to carry out their respective activities in accordance with current legislation. The organizer and the seller shall disclose to third parties, prior to the conclusion of the contract, the details of the insurance policy covering risks arising from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the seller, each within their own jurisdiction, for the purpose of refunding the amounts paid or repatriating the traveller to the place of departure.
3. DEFINITIONS (ART. 33 TC)
For the purposes of this contract, the following terms are defined as:
a) Traveller: anyone intending to enter into or conclude a contract or authorized to travel under an organized tourism contract.
b) Professional: any natural or legal person, whether public or private, who, within the scope of their commercial, industrial, artisanal, or professional activity, acts in organized tourism contracts, either directly or through another person acting on their behalf or on their account, as an organizer, seller, professional facilitating related tourist services, or supplier of tourist services, as defined by current regulations.
c) Organizer: the professional who combines packages and sells them or offers them for sale directly or in conjunction with another professional.
d) Seller: the professional other than the Organizer who sells or offers for sale packages combined by an organizer.
4. CONCEPT OF TOURIST PACKAGE (ART. 33, paragraph 1, No. 4, letter c) TC)
A tourist package is defined as the "combination of at least two different types of tourist services for the purpose of the same trip or vacation, if at least one of the following conditions is met:
1) that such services are combined by a single professional, even at the request of the traveller or in accordance with the traveller's selection, before a single contract for all services is concluded;
2) these services, even if concluded with separate contracts with individual providers of tourist services, are:
2.1) purchased from a single point of sale and selected before the traveller consents to payment;
2.2) offered, sold, or invoiced at a flat or lump-sum price;
2.3) advertised or sold under the term "package" or a similar term;
2.4) combined after the conclusion of a contract in which the professional allows the traveller to choose from a selection of different types of tourist services, or purchased from separate professionals through connected electronic booking processes where the traveller's name, payment details, and email address are transmitted by the professional with whom the first contract is concluded to one or more professionals, and the contract with the latter or these other professionals is concluded no later than 24 hours after the confirmation of the booking of the first tourist service.
5. PRE-CONTRACTUAL INFORMATION TO THE TRAVELLER (ART. 34 TC)
1. Before the conclusion of a tourist package contract or a corresponding offer, the organizer, and in cases where the package is sold through a seller, the seller as well, provide the traveller with the relevant standard information form as set out in Annex A, Part I or Part II of the TC, and the following information:
a) The main characteristics of the tourist services, including:
1) The destination or destinations of the trip, the itinerary, the periods of stay with respective dates, and, if accommodation is included, the number of nights included;
2) The means, characteristics, and categories of transportation, the places, dates, and times of departure and return, the duration, the intermediate stopping place, and connections; in case the exact schedule is not yet determined, the organizer, and if applicable, the seller, inform the traveller of the approximate departure and return times;
3) The location, main characteristics, and, where applicable, the tourist category of the accommodation according to the regulations of the destination country;
4) Provided meals;
5) Visits, excursions, or other services included in the total agreed package price;
6) Tourist services provided to the traveller as a member of a group and, in such cases, the approximate group size;
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 traveller's request, precise information on the suitability of the trip or vacation taking into account the traveller's needs;
b) The commercial name and geographical address of the organizer and, if present, the seller, their telephone contacts, and email addresses;
c) The total price of the package, inclusive of taxes and all additional costs, including any administrative and handling fees, or, if these cannot be reasonably calculated before the conclusion of the contract, an indication of the type of additional costs that the traveller may still need to bear;
d) Payment methods, including any deposit amount or percentage of the price to be paid as an advance and the schedule for payment of the balance, or the financial guarantees that the traveller is required to pay or provide;
e) The minimum number of persons required for the package and the deadline specified in article 41, paragraph 5, letter a), before the start of the package for possible contract termination in case the minimum number is not reached;
f) General information about passport and visa conditions, including approximate times for obtaining visas and health formalities of the destination country;
g) Information on the traveller's right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal fees or, if applicable, standard withdrawal fees required by the organizer under article 41, paragraph 1 TC;
h) Information on the optional or mandatory subscription to insurance covering unilateral withdrawal expenses by the traveller or assistance expenses, including repatriation, in case of accident, illness, or death;
i) Details of the coverage as specified in article 47, paragraphs 1, 2, and 3 TC.
2. For package travel contracts as referred to in article 33, paragraph 1, letter d), concluded by telephone, the organizer or the professional provides the traveller with the standard information as set out in Annex A, Part II of this decree, and the information described in paragraph 1.
6. CONCLUSION OF THE TOURIST PACKAGE CONTRACT (ARTICLE 36 TC)
1. The proposal for the purchase of a tourist package must be drawn up on a specific contractual form, if applicable, electronic or, in any case, on a durable medium, completed in every part and signed by the customer, who will receive a copy. The acceptance of the proposal for the sale of the tourist package is considered finalized, resulting in the conclusion of the contract, only when the organizer sends the relevant confirmation, also via telematic system, to the traveller at the selling Travel Agency, which will arrange for its delivery to the traveller. Information regarding the tourist package not contained in the contractual documents, brochures, or other written means of communication will be provided by the organizer, in compliance with the obligations set forth in Article 36, paragraph 8, TC, before the start of the trip.
2. Specific requests regarding the provision and/or execution of certain services included in the tourist package, including the need for assistance at the airport for persons with reduced mobility or special meals on board or at the place of stay, must be made at the time of booking and be the subject of a specific agreement between the Traveller and the Organizer, through the intermediary Travel Agency.
3. In the case of contracts negotiated outside commercial premises, the traveller has the right to withdraw from the tourist package contract within a period of five days from the date of the contract's conclusion or from the date of receiving the contractual conditions and preliminary information, if later, without penalties and without providing any reason. In cases of offers with significantly reduced rates compared to the current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price change, clearly indicating the exclusion of the right of withdrawal (Article 41, paragraph 7, TC).
7. PAYMENTS
1. Unless otherwise indicated in the pre-contractual information or in the contract, at the time of signing the proposal to purchase the tourist package, the following must be paid:
a) The registration or administrative fee (see Article 8);
b) A down payment of the price of the tourist package published in the catalog or in the quotation provided by the Organizer. The balance must be paid without fail by the deadline set by the Tour Operator in its catalog or in the booking confirmation of the requested service/tourist package;
2. For bookings made after the date indicated as the final deadline for making the balance payment, the full amount must be paid at the time of signing the proposal to purchase;
3. Failure to make the above-mentioned payments by the specified dates, as well as the failure to remit the amounts paid by the Traveller to the selling Travel Agency, and subject to any warranty actions under Article 47 TC against the latter, constitutes an express resolutive clause in accordance with Article 1456 of the civil code, resulting in automatic termination, to be carried out by simple written communication, via fax or email, to the selling Agency, or at the traveller's domicile, including electronic domicile if provided. The price is considered paid when the sums are received directly by the organizer from the traveller or through the intermediary Travel Agency chosen by the same traveller.
8. PRICE (ARTICLE 39 TC)
1.The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or out-of-catalog program, and any subsequent updates to these catalogs or out-of-catalog programs, or on the Operator's website.
2. After the conclusion of the tourist package contract, prices can be increased as specified by the Organizer, with a maximum of 8%, only if the contract expressly provides for it and specifies that the traveller has the right to a corresponding price reduction, as well as the calculation methods for the price revision. In this case, the traveller is entitled to a price reduction corresponding to the decrease in costs referred to in paragraph 2, letters a), b), and c), which occurs after the conclusion of the contract and before the start of the package.
3. Price increases are only possible as a result of changes concerning:
a) The cost of passenger transport based on the cost of fuel or other sources of energy;
b) The level of taxes or fees on tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation, and airport fees;
c) Relevant exchange rates for the package.
4. If the price increase under this article exceeds 8% of the overall package price, Article 40, paragraphs 2, 3, 4, and 5 TC apply.
5. A price increase, regardless of its amount, is only possible after clear and precise communication on a durable medium from the organizer to the traveller, along with the justification for the increase and the calculation methods, at least twenty days before the start of the package.
6. In case of a price decrease, the organizer has the right to deduct the actual administrative and processing costs from the refund owed to the traveller, for which proof must be provided upon the traveller's request.
9. AMENDMENT OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE (ARTICLE 40 TC)
1. Before the start of the package, the organizer cannot unilaterally modify the contract conditions other than the price as per Article 39 unless it has reserved this right in the contract, and the modification is of minor importance. The organizer communicates the modification to the traveller in a clear and precise manner on a durable medium.
2. If, before the start of the package, the organizer is forced to make significant changes to one or more main characteristics of the tourist services mentioned in Article 34, paragraph 1, letter a), or cannot meet the specific requests mentioned in Article 36, paragraph 5, letter a), or proposes to increase the package price by more than 8% as per Article 39, paragraph 3, the traveller, within a reasonable period specified by the organizer, can accept the proposed change or withdraw from the contract without incurring any withdrawal fees. In the case of withdrawal, the organizer can offer the traveller a substitute package of equivalent or higher quality.
3. The organizer informs the traveller, without undue delay, in a clear and precise manner on a durable medium:
a) of the proposed changes under paragraph 2 and their impact on the package price as per paragraph 4;
b) of a reasonable period within which the traveller is required to inform the organizer of their decision under paragraph 2;
c) of the consequences of the traveller's failure to respond within the period mentioned in letter b) and the possible substitute package offered and its price.
4. If the changes to the tourist package contract or the substitute package under paragraph 2 result in a package of lower quality or cost, the traveller is entitled to a suitable reduction in price.
5. In case of withdrawal from the tourist package contract under paragraph 2, if the traveller does not accept a substitute package, the organizer refunds without undue delay and in any case within fourteen days from the withdrawal from the contract all payments made by or on behalf of the traveller, and the provisions of Article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 TC apply.
10. TRAVELLER'S WITHDRAWAL (ART. 41 TC)
1. The traveller can withdraw from the tourist package contract at any time before the start of the package, upon reimbursement to the organizer of the incurred, reasonable, and justifiable expenses. The organizer provides justification to the traveller upon request.
2. The tourist package contract may include reasonable standard penalties for withdrawal, calculated based on the time of withdrawal from the contract, expected cost savings, and anticipated revenue from the reallocation of tourist services.
3. In the absence of specified standard withdrawal penalties, the amount of withdrawal penalties corresponds to the package price reduced by cost savings and revenues resulting from the reallocation of tourist services.
4. In case of unavoidable and extraordinary circumstances occurring at the destination or in its immediate vicinity, significantly affecting the execution of the package or passenger transport to the destination, the traveller has the right to withdraw from the contract before the start of the package without incurring withdrawal fees and is entitled to a full refund of payments made for the package, but is not entitled to additional compensation.
5. The organizer may withdraw from the tourist package contract and offer the traveller a full refund of payments made for the package, but is not obligated to pay additional compensation if:
a) the number of people registered for the package is less than the minimum specified in the contract, and the organizer communicates the withdrawal from the contract to the traveller within the deadline set in the contract and in any case no later than twenty days before the start of the package for trips lasting more than six days, seven days before the start of the package for trips lasting between two and six days, forty-eight hours before the start of the package for trips lasting less than two days;
b) the organizer is unable to perform the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal to the traveller without undue delay before the start of the package.
6. The organizer carries out all refunds prescribed in paragraphs 4 and 5, or, with regard to paragraphs 1, 2, and 3, reimburses any payment made by or on behalf of the traveller for the package after deducting appropriate expenses, without undue delay and in any case within fourteen days of withdrawal. In cases of paragraphs 4 and 5, the resolution of functionally related contracts entered into with third parties is determined.
The traveller can also withdraw from the contract without paying penalties in the following cases: - Increase in price exceeding 8%. - Significant modification of one or more elements of the contract objectively identifiable as fundamental for the enjoyment of the tourist package as a whole and proposed by the organizer after the conclusion of the contract but before departure and not accepted by the traveller. In the above cases, the traveller has the alternative:
a) To use an alternative tourist package of equivalent or higher quality if the organizer can offer it. If the all-inclusive service is of lower quality, the organizer must reimburse the consumer the price difference.
b) to the refund of the amounts already paid. This refund must be made within the legal deadlines.
For travellers who withdraw from the contract before departure outside the scenarios listed, the following will be charged - regardless of the payment of the deposit - the individual cost of administrative management, the penalty as indicated in the catalog or off-catalog or tailor-made program, the eventual consideration of insurance coverage already requested at the time of contract conclusion or for other services already provided. In the case of pre-established groups, these amounts will be agreed upon each time the contract is signed.
The above does not apply to trips that include the use of scheduled flights with special fares. In these cases, the conditions related to cancellation penalties are deregulated and much more restrictive. PENALTIES:
In all cases where not otherwise indicated (for example: travel proposals with the possibility of cancellation without penalties up to a few days before departure, more restrictive conditions of some accommodation facilities and/or maritime companies, offers called "Non-Refundable Prepaid" for which cancellation always results in a 100% penalty), the Traveller who withdraws from the contract before the departure date will be charged - regardless of the payment of the deposit referred to in art. 8) of the general conditions of the tourist package sales contract - in addition to the entire reservation fee (never refundable), the penalty in the following proportion in relation to the individual services composing the tourist package or sold individually:
A) Stay in a residence or hotel formula and with any additional transfer service:
30% of the fee from 30 to 15 days before the departure date;
50% of the fee from 14 to 7 days before the departure date;
75% of the fee from 7 to 3 days before the departure date;
100% of the fee from 2 to the same day of the departure date.
B) Regular scheduled flights at IT rate - WEB Ticketing - Trains: 100% penalty already at the confirmation of the reservation. For trains, only the postponement of the reservation is possible, subject to availability.
C) Charter Flights:
100% from 45 to the same day of departure.
D) Ships - Hydrofoils - GT Buses:
50% from 30 to 15 days before departure;
100% from 14 to the same day of departure.
E) Airport taxes: For airfares, flight cancellation entitles the refund of airport taxes (excluding special/charter flights). Additional charges (YQ-YR) are never refundable. Note: The calculation of days does not include that of withdrawal, whose communication must be received on a working day, and the day of the start of the journey.
11. ORGANIZER'S LIABILITY FOR INCORRECT EXECUTION AND SUBSEQUENT IMPOSSIBILITY DURING EXECUTION - TRAVELLER'S OBLIGATIONS - TIMELINESS OF COMPLAINT
The organizer is responsible for the execution of the tourist services provided by the tourist package sales contract, regardless of whether these tourist services are to be provided by the organizer itself, its helpers, or employees when acting in the performance of their functions, by third parties whose work it uses, or by other providers of tourist services under art. 1228 of the civil code.
The traveller, in compliance with the obligations of correctness and good faith under articles 1175 and 1375 of the civil code, promptly informs the organizer, taking into account the circumstances of the case, directly or through the seller, of any lack of conformity noticed during the execution of a tourist service provided by the tourist package sales contract: otherwise, the possible right to compensation for the traveller may be reduced or excluded under art. 1227 of the civil code.
If one of the tourist services is not performed as agreed in the tourist package sales contract, the organizer remedies the lack of conformity unless this is impossible or excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the organizer does not remedy the defect, the traveller is entitled to a price reduction as well as compensation for the damage suffered as a result of the lack of conformity unless the organizer proves that the lack of conformity is attributable to the traveller or to a third party unrelated to the provision of tourist services or is inevitable or unforeseeable, or due to extraordinary and unavoidable circumstances.
Except for the exceptions mentioned above, if the organizer does not remedy the lack of conformity within a reasonable period set by the traveller with the timely complaint made as indicated above, the traveller can personally remedy the defect and request the refund of necessary, reasonable, and documented expenses; if the organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveller does not need to specify a deadline.
If a lack of conformity constitutes a non-negligible breach and the organizer has not remedied it with the traveller's timely complaint, considering the duration and characteristics of the package, the traveller can terminate the contract with immediate effect or request, if applicable, a price reduction, subject to possible compensation for damages.
The Organizer, if after departure it is impossible to provide, for any reason other than the traveller's fault, an essential part of the services specified in the contract, must arrange appropriate alternative solutions for the continuation of the planned trip without any charge to the traveller, or refund the latter within the limits of the difference between the originally planned and the actually performed services. The traveller can reject the proposed alternative solutions only if they are not comparable to what was agreed in the contract or if the granted price reduction is inadequate. If no alternative solution is possible, or if the solution prepared by the organizer is rejected by the traveller because it is not comparable to what was agreed in the contract or because the granted price reduction is inadequate, the organizer will provide, without additional cost, a means of transportation equivalent to the originally planned one for the return to the place of departure or to a different place if agreed upon, subject to the availability of means and seats, and will reimburse the traveller for the difference between the cost of the planned services and the cost of the services performed until the early return.
12. SUBSTITUTIONS AND TRANSFER OF THE TOURIST PACKAGE TO ANOTHER TRAVELLER (ART. 38 TC)
1. The traveller, with prior notice to the organizer in a durable medium no later than seven days before the start of the package, can transfer the tourist package contract to a person who meets all the conditions for the use of the service.
2. The transferor and the transferee of the tourist package contract are jointly responsible for the payment of the balance of the price and any rights, taxes, and other additional costs, including any administrative and management fees, resulting from such transfer.
3. The organizer informs the transferor of the actual costs of the transfer, which cannot be unreasonable and do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package contract, and provides the transferor with proof of the rights, taxes, or other additional costs resulting from the transfer of the contract.
4. In any case, the traveller who requests the modification of an element related to an already confirmed booking, provided that the request does not constitute a contractual novation and as long as its implementation is possible, will pay the Tour Operator, in addition to the expenses resulting from the modification itself, a fixed lump-sum cost.
13. TRAVELLER'S OBLIGATIONS
1. During negotiations and in any case before the conclusion of the contract, the Traveller is provided in writing with general information concerning passports, visas, and health formalities necessary for departure.
2. For rules regarding the departure of minors, explicit reference is made to what is indicated on the website of the State Police. It is clarified, however, that minors must have a valid personal document for departure, such as a passport, or for EU countries, a valid identity card for travel. Regarding the departure of minors under 14 and the departure of minors for whom Authorization issued by the Judicial Authority is required, the prescriptions indicated on the website of the State Police http://www.poliziadistato.it/articolo/191/ must be followed.
3. Travellers must obtain the corresponding information through their diplomatic representations and/or respective official government information channels. In any case, travellers will, before departure, verify their updates with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Center at the number 06.491115), adjusting accordingly before the trip. In the absence of such verification, no responsibility for the non-departure of one or more travellers can be attributed to the selling Agency or the organizer.
4. Travellers must, in any case, inform the seller and the organizer of their citizenship at the time of booking the tourist package or tourist service, and at the time of departure, they must ensure that they are definitively in possession of vaccination certificates, individual passport, and any other document valid for all countries covered by the itinerary, as well as residence visas, transit visas, and health certificates that may be required.
5. Furthermore, in order to assess the socio-political, health, and any other useful security information concerning the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveller will have the responsibility to obtain official general information from the Ministry of Foreign Affairs, disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it.
The above information is not contained in the catalogs of the T.O. - online or printed - as they contain descriptive information of a general nature as indicated in the information booklet and not temporally changing information. Therefore, they must be assumed by the Travellers. Travellers must also adhere to the rules of normal prudence and diligence and those specific to the destination countries of the trip, all information provided to them by the organizer, as well as regulations and administrative or legislative provisions related to the tourist package. Travellers will be held responsible for all damages that the organizer and/or the seller may suffer also due to the failure to comply with the obligations mentioned above, including the necessary expenses for their repatriation.
6. The organizer or the seller who has granted compensation or a price reduction, or paid compensation for damage or has been forced to comply with other obligations prescribed by law, has the right of recourse against the subjects who have contributed to the occurrence of the circumstances or events from which the compensation, the price reduction, the compensation for damage, or the other obligations in question have arisen, as well as against the subjects required to provide assistance and accommodation under other provisions, in case the traveller cannot return to the place of departure. The organizer or the seller who has compensated the traveller is subrogated, to the extent of the compensation paid, in all the rights and actions of the latter against the third parties responsible; the traveller provides the organizer or the seller with all the documents, information, and elements in his possession useful for the exercise of the right of subrogation (art. 51 quinquies TC).
14. ORGANIZER'S LIABILITY REGIME (ART. 42 TC)
1. The Organizer is responsible for the execution of tourist services provided by the tourist package contract, regardless of whether these tourist services are to be provided by the Organizer itself, its auxiliaries or employees when acting in the exercise of their functions, by third parties whose work it uses, or by other providers of tourist services, in accordance with Article 1228 of the civil code.
2. The traveller, in accordance with Articles 1175 and 1375 of the civil code, informs the Organizer, directly or through the seller, promptly, taking into account the circumstances of the case, of any lack of conformity detected during the execution of a tourist service provided by the tourist package contract.
3. If one of the tourist services is not performed as agreed in the tourist package contract, the Organizer remedies the lack of conformity, unless this proves impossible or excessively burdensome, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect. If the Organizer does not remedy the defect, Article 43 applies.
4. Subject to the exceptions in paragraph 3, if the Organizer does not remedy the lack of conformity within a reasonable period set by the traveller in relation to the duration and characteristics of the package, with the complaint made under paragraph 2, the traveller can personally remedy the defect and request reimbursement of necessary, reasonable, and documented expenses; if the Organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveller does not need to specify a deadline.
5. If a lack of conformity, under Article 1455 of the civil code, constitutes a non-negligible non-performance of the tourist services included in a package, and the Organizer has not remedied it within a reasonable period set by the traveller in relation to the duration and characteristics of the package, with the complaint made under paragraph 2, the traveller can, without expenses, terminate the tourist package contract by right and immediately, or, if applicable, request, under Article 43, a reduction of the price, subject to any compensation for damages. In the event of termination of the contract, if the package included the transportation of passengers, the Organizer also arranges for the return of the traveller with equivalent transport without undue delay and at no additional cost to the traveller.
6. Where it is impossible to ensure the return of the traveller, the Organizer bears the costs of necessary accommodation, where possible, of equivalent category as provided for in the contract, for a period not exceeding three nights per traveller or for the longer period provided for by EU regulations on passenger rights applicable to the relevant means of transport.
7. The limitation of costs under paragraph 6 does not apply to persons with reduced mobility, defined in Article 2, paragraph 1, letter a), of Regulation (EC) No. 1107/2006, and their companions, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that the Organizer has been notified of their particular needs at least forty-eight hours before the start of the package. The Organizer cannot invoke inevitable and extraordinary circumstances to limit the liability under this paragraph if the service provider cannot invoke the same circumstances under the applicable EU regulations.
8. If due to supervening circumstances not attributable to the Organizer, it is impossible to provide, during the execution, a substantial part, in terms of value or quality, of the combination of tourist services agreed in the tourist package contract, the Organizer offers, without an additional charge to the traveller, alternative solutions of equivalent or higher quality, if possible, compared to those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveller to the place of departure is not provided as agreed. If the proposed alternative solutions entail a lower-quality package than specified in the tourist package contract, the Organizer grants the traveller an appropriate price reduction.
9. The traveller can reject the proposed alternative solutions only if they are not comparable to what was agreed in the tourist package contract or if the price reduction granted is inadequate.
10. If it is impossible to arrange alternative solutions or the traveller rejects the proposed alternative solutions, in accordance with paragraph 8, the traveller is granted a price reduction. In case of non-compliance with the obligation to offer under paragraph 8, paragraph 5 applies.
11. Where, due to supervening circumstances not attributable to the Organizer, it is impossible to ensure the return of the traveller as agreed in the tourist package contract, paragraphs 6 and 7 apply.
15. SELLER'S LIABILITY REGIME (ARTICLES 50 - 51 quater TC)
1. The Seller is responsible for the execution of the mandate conferred on them by the traveller through the travel intermediation contract, regardless of whether the service is provided by the seller itself, its auxiliaries or employees when acting in the exercise of their functions, or by third parties whose work it uses. The fulfillment of the obligations assumed must be assessed with regard to the diligence required for the exercise of the corresponding professional activity.
2. The Seller is not responsible for booking errors attributable to the traveller or due to inevitable and extraordinary circumstances.
3. The traveller's right to compensation for damages related to the Seller's liability is time-barred after two years from the date of the traveller's return to the place of departure.
16. LIMITS OF COMPENSATION (ART. 43, paragraph 5)
The tourist package contract may provide for the limitation of compensation due from the organizer, except for damages to the person or those caused intentionally or negligently, provided that such limitation is not less than three times the total price of the package.
The right to compensation for damages to the person is time-barred after three years from the date of the traveller's return to the place of departure or within the longer period provided for the compensation for damages to the person by the provisions governing the services included in the package.
17. POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER (ART. 44 TC)
1. The Traveller can address messages, requests, or complaints regarding the execution of the package directly to the Seller through whom it was purchased, who, in turn, promptly forwards such messages, requests, or complaints to the Organizer.
2. For the purpose of complying with the terms or periods of prescription, the date on which the seller receives messages, requests, or complaints under paragraph 1 is considered the date of receipt also for the Organizer.
18. INSURANCE
1. It is possible, indeed advisable, to take out special insurance policies at the time of booking against expenses resulting from the cancellation of the package, accidents and/or illnesses during the trip, which also cover repatriation expenses and loss and/or damage to luggage.
The details of guarantees, premiums, maximum amounts, limits, and exclusions can be consulted on Montedelia Tour's reference websites, in the "Insurance" section.
The rights arising from insurance contracts must be exercised by the traveller directly against the underwriting Insurance Companies, under the conditions and in the manner provided in the respective policies, as set out in the published policy conditions or in the brochures made available to travellers at the time of departure.
19. TECHNICAL DATA SHEET
1. Technical organization Montedelia Tour, located at Via Rocci Perrella No. 88, 73011 Alezio (Le) – Italy –
Tax Data: Monte d’Elia S.r.l. via Garibaldi No. 95, 73011 Alezio (Le) – Italy- VAT IT03484710755, SDI BA6ET11, PEC: montedelia@pec.anet.it
Details of the administrative authorization: Authorization Province of Lecce No. 628 of 22/03/2013
Validity period of the catalog or out-of-catalog program: 01/01/2023 – 31/12/2023
Liability insurance policy n° 72076/319/168348102 Unipol Group S.p.A. compliant with art. 17 L.R. No. 34 of November 15, 2007
Guarantee fund against the risk of insolvency and bankruptcy, accessed through the "Fondo Garanzia Viaggi" Certificate No. A/388.3258/2/2020/R valid until 31/12/2023.
