General terms and conditions for the sale of tourist packages
Before purchasing your holiday, please read the general information and general terms and conditions. The text contains very important information such as penalty-free cancellation in the case of illness, accident or death.
CONTENT OF THE CONTRACT OF SALE OF THE TOURIST PACKAGE
1. LEGISLATIVE SOURCES
The sale of tourist packages, providing services both in Italy and internationally, is governed – until its repeal pursuant to article 3 of Italian Legislative Decree no. 79 of 23 May 2011 (the “Tourism Code”) – by Italian Law 27/12/1977 no. 1084 ratifying and executing the International Convention on Travel Contracts (CCV), signed in Brussels on 23.4.1970 – insofar as applicable – as well as by the Tourism Code (articles 32-51) and subsequent amendments and by the provisions of the Italian Civil Code concerning transport and mandate.
2. ADMINISTRATIVE SYSTEM
The organiser and intermediary of the tourist package, used by the tourist, must be authorised to carry out their respective activities according to the applicable administrative regulations, including regional regulations. Pursuant to Article 18, paragraph VI of the Tourism Code, the use in the company name or business name of the words “travel agency”, “tourist agency”, “tour operator”, “travel intermediary” or other words and phrases, including those in a foreign language, is only permitted to the qualified companies referred to in the first paragraph.
The following definitions are used for the purposes of this contract:
a) travel organiser: the party that undertakes in its own name and for a flat fee, to procure tourist packages for third parties, creating the combination of elements referred to in Article 4 below or offering the tourist the possibility of independently creating and purchasing this combination through the use of on-line systems;
b) intermediary: the party that sells or undertakes to procure tourist packages organised pursuant to Article 4 below for a flat fee, even not in a professional capacity and not for profit;
c) tourist: the purchaser, the transferee of a tourist package or any person to be named, provided that he or she meets all the conditions required for the use of the service, on whose behalf the principal contractor undertakes to purchase a tourist package without remuneration.
4. DEFINITION OF A TOURIST PACKAGE
A tourist package is defined as follows:
“Tourist packages refer to journeys, holidays, all-inclusive circuits and tourist cruises, resulting from the combination, created by anyone in any way, of at least two of the elements indicated below, sold or offered for sale at a fixed price: a) transport; b) accommodation; c) tourist services not related to transport or accommodation, as referred to in Art. 36, which constitute a significant part of the “tourist package” (Art. 34 of the Tourism Code), in order to satisfy the tourist’s recreational needs. The tourist has the right to receive a copy of the contract of sale of the tourist package (drawn up pursuant to and in accordance with Art. 35 of the Tourism Code). The contract constitutes the right to access the guarantee fund referred to in article 21 below.
5. TOURIST INFORMATION – TECHNICAL DATA SHEET
1) Prior to starting the trip, the organiser and the intermediary shall provide the tourist with the following information about:
a) timetables, layovers and connections;
b) information on the identity of the operating air carrier, if not known at the time of reservation, in accordance with Art. 11 EC Reg. 2111/05 (Art. 11, paragraph 2 EC Reg. 2111/05: “Where the identity of the operating air carrier or carriers is not yet known at the time of reservation, the air carriage contractor shall ensure that the passenger is informed of the name or names of the air carrier or carriers that is or are likely to act as operating air carrier or carriers on the flight or flights concerned. In such case, the air carriage contractor shall ensure that the passenger is informed of the identity of the operating air carrier or carriers as soon as such identity is established and any ban on their operation in the European Union”.
2) The organiser shall include a data sheet in the catalogue or non-catalogue programme – including in electronic format or by electronic means. The following elements must be included in the data sheet in the catalogue or non-catalogue programme:
– details of the organiser’s administrative authorisation or, if applicable, the organiser’s declaration or notification of the start of activities; – details of the insurance policy covering third-party liability;
– period of validity of the catalogue or non-catalogue programme;
– travel price adjustment parameters and criteria (Art. 40 Tourism Code).
6. PURCHASE PROPOSAL – BOOKINGS
The proposal for the sale of a tourist package shall be made on a specific contract form, electronic where applicable, fully completed and signed by the customer, who shall receive a copy thereof. Acceptance of the proposal of sale of the tourist package is understood to be finalised, with the consequent conclusion of the contract, only when the organiser sends the tourist confirmation, also by a computerised system, to the intermediary travel agency, which will be responsible for delivering it to the tourist. Any information relating to the tourist package that is not included in the contractual documents, brochures or other means of written communication will be provided by the organiser, in fulfilment of the obligations laid down by Art. 37 paragraph 2 of the Tourism Code, before the start of the trip. Special requests regarding the methods of supplying and/or implementing certain services which are part of the tourist package, must be made at the time of the booking request and are subject of a specific agreement between the tourist and the organiser, through the intermediary travel agency. Pursuant to Art. 32, paragraph 2, of the Tourism Code, you are hereby informed that in contracts concluded on-line or off-premises (as respectively defined by Articles 50 and 45 of Italian Legislative Decree 206/2005), the right of withdrawal included in Articles 64 and subsequent amendments of Italian Legislative Decree 206/2005 is excluded.
1. Upon signing the purchase proposal of the tourist package, the following must be paid:
a) the registration or administration fee (see Article 8);
b) deposit not exceeding 25% of the price of the tourist package published in the catalogue or in the package listing provided by the organiser. This amount is paid as a deposit and advance payment. During the period of validity of the sales proposal and therefore prior to the booking confirmation, which constitutes the finalisation of the contract, the consequences referred to in Art. 1385 of the Italian Civil Code will not apply if the withdrawal is due to an unattributable event. The balance must be paid, without fail, before the deadline indicated by the Tour Operator in its own catalogue or in the booking confirmation of the service/tour package requested.
2. For bookings after the date indicated as the deadline to pay the balance, the full amount must be paid at the time of signing the purchase proposal.
3. Failure to pay the above-mentioned sums, by the established dates, constitutes an express termination clause which will determine the legal termination to be enforced by means of a simple written communication, fax or email, to the intermediary agency, or to the tourist’s home or email address, if it has been provided. The balance of the price is considered to have been paid when it is credited to the organiser’s account.
The price of the tourist package is determined in the contract, based on the indications in the catalogue or non-catalogue programme and any subsequent updates to said catalogue or non-catalogue programmes.
It may be changed only as a result of variations in:
– transport costs including the cost of fuel;
– fees and taxes relating to air transport, landing, disembarkation or embarkation fees at ports and airports;
– exchange rates applied to the package in question.
For these variations, please refer to the exchange rates and prices in force on the date of publication of the programme, as indicated in the catalogue data sheet, or on the date indicated in any updates published on the websites.
In any case, the price may not be increased in the 20 days preceding departure and the change may not exceed 10% of the original price. The price consists of:
a) registration fee or administrative fee;
b) participation fee: indicated in the catalogue or in the package quotation provided to the intermediary or tourist;
c) cost of any insurance policies against the risks of cancellation and/or medical expenses or other services requested;
d) cost of any visas and entry and departure taxes from holiday destination countries.
9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
1. Prior to departure, the organiser or intermediary who needs to significantly modify one or more elements of the contract shall immediately notify the tourist in writing, indicating the type of modification and the resulting change in price.
2. If the tourist does not accept the proposed change referred to in paragraph 1, he/she may withdraw without paying a penalty and is entitled to use another tour package if the Tour Operator is able to offer one to him/her, or is refunded, within the terms of the law, the amount of money already paid including the administrative fee.
3. The tourist shall communicate his/her decision to the organiser or intermediary within two working days from the time when he/she received the notification referred to in paragraph 1. In the absence of any reply within the aforesaid time limit, the proposal made by the organiser shall be deemed to have been accepted.
4. If the organiser cancels the tour package before departure for any reason not attributable to the person travelling, it shall refund the person travelling, within the terms of the law, the amount paid for the purchase of the tour package who will be entitled to compensation for failure to execute the contract, except in the cases set out below.
5. No compensation shall be paid for the cancellation of a tourist package when the cancellation of the package is due to the failure to reach the minimum number of participants that may have been requested, or due to force majeure and unforeseeable circumstances.
6. For cancellations other than those caused by unforeseeable circumstances, force majeure and failure to reach the minimum number of participants, including those other than the refusal by the tourist of the alternative tourist package offered, the organiser who makes the cancellation, shall refund to the tourist a sum equal to twice the amount paid and collected by the organiser, through the travel agent.
7. The sum to be refunded shall never exceed twice the amount for which the tourist would be liable on the same date under Art. 10, paragraph 2, if he/she were to cancel.
10. WITHDRAWAL BY THE TOURIST
1. The tourist may also withdraw from the contract without paying a penalty in the following cases:
– price increase in excess of 10%;
– significant modification of one or more elements of the contract which can objectively be deemed to be fundamental to the use of the tourist package as a whole and proposed by the organiser after the conclusion of the contract but before departure and not accepted by the tourist.
In the above cases, the tourist is entitled to one of the following:
– to opt for an alternative package tour of equivalent or higher quality if the organiser can offer it to him/her. If the all-inclusive service is of inferior quality, the organiser must reimburse the consumer the difference in price.
– repayment of sums already paid. This repayment shall be made within the time limits laid down by law.
2. Tourists who withdraw from the contract prior to departure for reasons not covered in the first paragraph, or those indicated in Art. 9, paragraph 2, or indicated by the travel organiser in the technical data sheet under the heading “withdrawal by the tourist”, will be charged – regardless of the payment of the deposit referred to in Art.7, paragraph 1 – the individual cost of the administrative services, the penalty to the extent indicated by the operator in the data sheet or non-catalogue programme or tailor-made trip, any insurance coverage already requested upon conclusion of the contract or for other services already provided.
3. In the case of pre-established groups, these sums will be agreed on a case-by-case basis when the contract is signed
4. Trips that include the use of scheduled flights with special fares excluded from the above. In these cases, the conditions for cancellation penalties are deregulated and much more restrictive.
11. MODIFICATIONS AFTER DEPARTURE
If, after departure, the organiser is unable to provide, for any reason not attributable to the tourist, an essential part of the services included in the contract, it shall arrange suitable alternative solutions for the continuation of the planned trip that do not entail any charge whatsoever for the tourist, or reimburse the latter the difference between the services originally included and those provided.
If no alternative solution is possible, or if the solution provided by the organiser is refused by the tourist for proven and justified reasons, the organiser will provide, at no extra charge, a means of transport equivalent to the original one planned for the return to the place of departure or to a different place agreed upon, subject to the availability of means and places. It will also reimburse the tourist the difference between the cost of the services originally included and the cost of the services provided up to the time of the early return.
The tourist who has withdrawn may be replaced by another person provided that:
a) the organiser is duly informed in writing at least 4 working days before the date fixed for departure, including notification of the reasons for the replacement and the details of the replacement;
b) the transferee meets all the conditions for the use of the service (pursuant to Art. 39 of the Tourism Code) and, in particular, the requirements relating to passport, visas and health certificates;
c) the services or other replacement services can be provided as a result of the transferee;
d) the replacement reimburses the organiser for all additional expenses incurred in making the replacement which will be communicated to him/her prior to the transfer.
The transferor and the transferee shall be jointly and severally liable for payment of the balance of the price as well as the amounts referred to in letter d) of this article. Any further terms and conditions of replacement are indicated in the data sheet. It is understood that, pursuant to Article 944 of the Italian Navigation Code, any replacement shall only be possible with the consent of the carrier.
13. OBLIGATIONS OF THE TOURIST
1. During negotiations and, in any case, prior to the conclusion of the contract, Italian citizens are provided with general information in writing – updated to the date the catalogue was printed – regarding health obligations and documentation required for expatriation.
2. For regulations concerning the expatriation of minors, please refer expressly to the indications provided on the Italian National Police website. It should be noted, however, that minors must be in possession of a valid personal document for expatriation, i.e. passport, or for EU countries, a valid identity card for expatriation. With regard to the expatriation of minors under the age of 14 and the expatriation of minors for whom an authorisation issued by the Judicial Authority is required, the rules indicated on the Italian National Police website must be observed http://www.poliziadistato.it/articolo/191/.
3. Non-Italian citizens can find the corresponding information through their diplomatic representations present in Italy and/or the respective official government information channels. In any case, prior to departure, tourists must check that the information is up-to-date with the competent authorities (for Italian citizens, the local police headquarters or the Foreign Ministry via the website www.viaggiaresicuri.it or the telephone operations centre on +39 06.491115), and must comply with this before travelling. If these checks are not carried out, no responsibility for the failure to depart of one or more tourists may be attributed to the intermediary or the organiser.
4. The tourists must, however, inform the intermediary and organiser of their nationality when booking the tourist package or service. At the time of departure, they must ensure that they are in possession of vaccination certificates, individual passports and any other document valid for all the countries covered by the itinerary, as well as residence permits, transit visas and any health certificates that may be required.
5. Furthermore, in order to assess the socio-political and health security situation in the destination countries and, therefore, the objective possibility of using the services purchased or to be purchased, the tourist is responsible for obtaining official information of a general nature from the Foreign Ministry, and published through the relevant official website www.viaggiaresicuri.it.
The above-mentioned information is not included in the T.O.’s catalogues – whether on-line or on paper – since they contain descriptive information of a general nature as indicated in Article 38 of the Tourism Code. Information of a socio-political nature concerning the holiday destination country must therefore be sourced by the tourists.
6. If, on the date of booking, the destination chosen is shown on the official information channels to be an unsafe destination, travellers who subsequently exercise their right to withdraw may not invoke, for the purposes of exemption from the claim for compensation for withdrawal, the lack of a contractual cause related to the country’s safety conditions.
7. Tourists must also comply with the rules of normal prudence and diligence and the specific rules in force in the countries to which they are travelling, with all the information provided to them by the organiser, as well as with the regulations, administrative or legislative provisions relating to the tourist package. Tourists will be liable for all damages that the organiser and/or intermediary may incur as a result of their failure to comply with the above-mentioned obligations, including the costs necessary for their repatriation.
8. The tourist must provide the organiser with all the documents, information and elements in his/her possession required to exercise the latter’s right of subrogation against third parties responsible for the damage and is liable to the organiser for any injury caused to the right of subrogation.
9. The tourist must also communicate in writing to the organiser, at the time of the proposal for the sale of the tourist package and, therefore, before the organiser sends confirmation of the booking of the services, any specific personal requests that may be the subject of specific agreements on the travel arrangements, provided that it is possible to implement them.
14. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalogue or other communication material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided.
In the absence of official classifications recognised by the competent public authorities of the EU member states to which the service refers, or in the case of facilities marketed as a “Tourist Village”, the organiser reserves the right to provide its own description of the accommodation facility in the catalogue or brochure, so as to allow the tourist to assess and consequently accept it.
15. RULE OF TORT LIABILITY
The organiser is liable for damages caused to the tourist as a result of the total or partial non-fulfilment of the services due under the contract, whether these are carried out personally or by third party service providers, unless they prove that the event was caused by the tourist (including initiatives undertaken independently by the latter during the course of the holiday) and was unforeseeable or unavoidable, circumstances unrelated to the fulfilment of the services included in the contract, fortuitous events, force majeure, or circumstances that the organiser could not, according to professional diligence, reasonably foresee or resolve.
The intermediary, with whom the tourist package booking has been made, is in no case liable for obligations related to the organisation and fulfilment of the trip, but is exclusively liable for obligations arising from its role as intermediary and, in any case, within the limits envisaged for such liability by the regulations in force on the subject, except for the exemption referred to in Article 46 of the Tourism Code.
16. LIMITS OF COMPENSATION
The compensation referred to in Articles 44, 45 and 47 of the Tourism Code and the relevant limitation periods are governed by the rules set out therein and in any case within the limits established, by the Collective Agreement for Travel Agencies by the International Conventions that govern the services that are the subject of the tourist package as well as by Articles 1783 and 1784 of the Italian Civil Code, with the exception of personal injuries that are not subject to a set limit.
17. DUTY OF CARE
The organiser is obliged to lend assistance to the tourist according to professional diligence with exclusive reference to the obligations incumbent on him/her by law or contract. The organiser and the intermediary are exonerated from their respective responsibilities (articles 15 and 16 of these General Terms and Conditions), when the failure to fulfil or improper fulfilment of the contract is attributable to the tourist or was caused by the act of a third party of an unforeseeable or unavoidable nature, or by a fortuitous event or force majeure.
18. COMPLAINTS AND CLAIMS
Any failure to fulfil the contract must be contested by the tourist during the use of the package in order for the organiser, their local representative or the tour leader to promptly resolve the issue. If not, compensation for damages will be reduced or excluded in accordance with Article 1227 of the Italian Civil Code.
Notwithstanding the above-mentioned obligation, the tourist may also lodge a complaint by sending a registered letter, with acknowledgement of receipt, to the organiser or seller, no later than ten working days from the date of return to the place of departure.
19. CANCELLATION AND REPATRIATION INSURANCE
If not expressly included in the price, it is possible, and indeed advisable, to take out special insurance policies at the organiser’s or seller’s office at the time of booking against costs arising from cancellation of the package, accident and/or illness, which also cover repatriation costs and loss of and/or damage to luggage.
The rights arising from insurance contracts must be exercised by the tourist directly against the stipulating Insurance Companies, under the conditions and in the manner stipulated in the policies, as set out in the policy conditions published in the catalogues or outlined in the brochures made available to the tourists upon departure.
20. ALTERNATIVE WAYS OF RESOLVING DISPUTES
Pursuant to Art. 67 of the Tourism Code, the organiser may offer the tourist alternative ways of resolving disputes that have arisen – in the catalogue, documentation, on its website or in other forms.
In this case, the organiser will indicate the type of alternative resolution offered and the consequences of accepting it.
21. OPERATIONAL CHANGES
Given that catalogues are published well in advance with information on how to use the services, it should be noted that the flight times and routes indicated in the acceptance of the proposal to purchase the services may be subject to change as they are subject to subsequent validation. To this end, the tourist/traveller must request confirmation of the services from their agency prior to departure. The organiser will inform passengers about the identity of the actual carrier within the timeframe and in the manner laid down by Article 11 of EC Reg. 2111/2005. (referred to in Article 5).
GENERAL TERMS AND CONDITIONS FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY REQUIREMENTS
Contracts for the offer of the transport service only, the accommodation service only, or any other separate tourist service, which cannot be considered as a negotiated case of travel organisation or tourist package, are governed by the following provisions of the CCV: art. 1, no. 3 and no. 6; articles 17 to 23; articles 24 to 31 (limited to the parts of these provisions that do not refer to the organisation contract) as well as by the other agreements that specifically refer to the sale of the single service covered by the contract. A seller who undertakes to procure an unbundled tourist service for a third party, even electronically, is obliged to issue to the tourist the documents relating to this service, showing the amount paid for the service, and cannot in any way be considered a travel organiser.
B) CONTRACT TERMS AND CONDITIONS
The following clauses of the general terms and conditions of the contract for the sale of tourist packages listed above are also applicable to these contracts: Art. 6 paragraph 1; Art. 7 paragraph 2; Art. 13; Art. 18. The application of said clauses in no way determines the configuration of the relative services as a tourist package. The terminology of the above-mentioned clauses relating to the tourist package contract (organiser, travel etc.) must therefore be understood with reference to the corresponding figures of the contract for the sale of individual tourist services (seller, stay, etc.).
TECHNICAL DATA SHEET
ADDITIONAL TERMS AND CONDITIONS
PRICE (art. 8)
The prices indicated in this brochure or in the price list or programme not included in the catalogue are expressed in EURO and have been calculated on the basis of the cost of ground services, air fares and taxes in force on January 1, 2020. Any fluctuations in transport costs or taxes exceeding (+/-) 3% may lead to an adjustment of the prices (see General Terms and Conditions). In the event of a variation in the purchase price of the package of more than 10%, the consumer shall have the right to withdraw from the contract without paying a penalty (Art. 10).
PAYMENTS (art. 7)
A deposit of 25% of the total amount and the registration fee must be paid at the time of booking, while the balance must be paid at least 30 days before the departure date. For purchases made on our website (www.aeroviaggi.it), full payment is required at the time of booking. For bookings made in the 30 days preceding the trip, the full amount of the fee due must be paid together with any surcharges and the initial procedural fee. Failure to make the above-mentioned payments by the due dates constitutes an express termination clause of the contract, resulting in termination, without prejudice to compensation for further damages suffered by the organisation.
THE FEES INCLUDE
The proposed rates refer to weekly stays at the chosen club or village and are intended as per person in a double room with 7 full boards. Fees for weekly stays in clubs and villages also include:
– free participation in all entertainment and sports activities
– free use of sports equipment also outside the courses (except for the cost of sports field floodlighting in the evening)
– the club formula with buffet meals, water and unlimited wine carafe refills at main meals
For single room accommodation, a weekly supplement is indicated separately, given that single rooms are generally not available in our clubs and, therefore, double rooms are allocated for exclusive use.
Fees for combinations with flights include:
– in addition to the above, accommodation in tourist class on scheduled, low-cost and/or special return flights – transport of accompanying luggage under the terms and limits provided by the airlines – collective transfers with assistance from the airport to the village and vice versa.
Collective transfers are provided in cars and coaches according to the number of people expected, on special and scheduled flights reserved by us, and may involve waiting at the airport for regrouping according to flight times and along the route to allow customers to board or alight from or at hotels.
THE FEES DO NOT INCLUDE
– meals not indicated in each individual programme – drinks not expressly included in the various programmes – tips, luggage handling and optional excursions – extras in general of a personal nature – entrance fees to monuments visited during excursions and tours in Sicily, except where expressly included.
OFFERS AND DISCOUNTS
The published offers cannot be combined. In particular, the “book early” offer (€50 discount per adult) is applicable to bookings by individuals for a weekly stay at the hotels included in this catalogue, made by April 30, 2020. Together with the rates, adult reductions for the 3rd and 4th bed (extendible to the 5th bed where possible) are also shown for each hotel. Free stay for the first child and child reductions (2 to 12 years of age) only applies if the room is shared with at least 2 adults. Accommodation is provided in extra beds or bunk beds. In the case of accommodation in a double room, the 50% discount is only applied if the room is shared with an adult.
AIRCRAFT OPERATORS, TIMES AND DAYS OF DEPARTURE/RETURN
Flight times to Sicily and Sardinia have not yet been fully defined by the airlines, while the day of departure/return of flights and the start/end of stays will always be on Fridays or as expressly stated in the price list or detailed programme. Accordingly, flight times, the flight number and airline company will be communicated at the time of booking if they are already known and reconfirmed at least 2-3 weeks before departure. They may still be subject to change after that date. Changes will be promptly communicated to those concerned or to the travel agencies through which the journey has been booked. Flights to and from Sicily and Sardinia are operated by Alitalia and other carriers.
The maximum weight allowed by most airlines is approximately 20 kg. It is sometimes permitted to carry one piece of hand luggage with a maximum weight of 5 kg and maximum dimensions of 45x35x25 cm (please check the dimensions and weight stipulated by the airline operating the flight). Airlines may charge additional fees for excess weight when checking in baggage. The acceptance of sports equipment (scuba tanks, windsurfers or other), as well as pets, is at the discretion of the airline and always subject to payment. Passengers are required to comply with the new rules on materials that can be carried on board aircraft (liquids, toiletries, knives, etc.).
HOTEL ACCOMMODATION AND CLASSIFICATION
Accommodation, in all Aeroviaggi clubs and holiday villages, is provided in comfortable rooms with private bathrooms, most of them with air conditioning and heating. Accommodation in triple rooms means accommodation in a double room with an additional bed. The hotel classification is defined by the governmental tourist boards on the basis of specific requirements. The hotels published indicate the classification shown on the presentation pages and/or in the price list, failing which an Aeroviaggi classification is given on the basis of the comfort and services offered by the establishment.
BOOKING CHANGES – REPLACEMENTS
Any changes to bookings that have already been confirmed (change of name or date of departure/return, etc.) are subject to the fees for changes in addition to any penalties stipulated by the airlines and/or hoteliers, the relevant amount will be communicated by our booking office at the time of the request. Special flights: according to the charter conditions of special flights, please note that seats sold on these flights cannot, under any circumstances, be refunded. Scheduled and low-cost flights: since tickets are issued at an agreed fare, no date changes and refunds are allowed for any flights not used. Passengers wishing to change the date of a flight will be required to pay for the new ticket on the spot, subject to seat availability.
WITHDRAWAL BY THE TOURIST – CANCELLATION FEES (art. 10)
Unexpected events preventing you from taking the holiday due to personal circumstances (for example, illness, quarantine cancellation of holidays, job loss, etc.) does not justify cancellation without penalty, since the tourist has the option of taking out insurance against the economic risk associated with the cancellation of the contract by stipulating a suitable insurance policy, where not compulsorily provided for by the organiser.
Tourists who withdraw from the contract prior to departure for reasons other than the ones described above, or those included in the General Terms and Conditions, article 10 first paragraph, article 9, paragraph 2, will be charged – regardless of the payment of the deposit referred to in article 7 paragraph 1 – the individual cost of handling the case, the penalty as follows:
– 10% of the participation fee up to 30 working days prior to the departure date of the trip;
– 25% of the participation fee from 29 to 18 working days prior to the departure date of the trip;
– 30% of the participation fee from 17 to 10 working days prior to the departure date of the trip;
– 50% of the participation fee from 9 to 5 working days prior to the departure date of the trip;
– 75% of the participation fee from the 4th working day to 48 calendar working hours before the departure date of the trip;
– 100% after these terms have expired.
For all combinations, no refund will be given to anyone who does not turn up on departure (no-show) or who cancels during the course of the trip. Similarly, no reimbursement will be due to anyone who cannot make the trip due to lack of or irregularities in the required personal documents. AEROVIAGGI SpA is obliged to apply these penalties because the operator has assumed obligations towards the various service providers that entail, in the event of cancellation, even partial, of the participants, considerable economic losses.
In the case of pre-established groups, these sums will be agreed on a case-by-case basis when the contract is signed.
Children up to 2 years of age are eligible to stay free at all the hotel facilities and travel free on domestic flights as long as they sit on their parent’s lap. From 2 to 12 years of age (before the twelfth birthday), they are eligible for special concessions, as described on the rate pages of each hotel. Children’s personal data, which must be communicated at the time of booking, will be checked at the airports and/or upon arrival at the various hotels. If the personal details provided do not correspond to the ones provided, payment will be requested on the spot to supplement the participation fee and boarding may be denied if no seats are available. Any further consequences shall be borne exclusively by the customer, without any right to reimbursement.
An excursion programme is planned starting from our clubs and villages so that you can make the most of your holiday and discover the scenic and artistic beauty of these two wonderful islands. Excursions can be booked and paid for when booking your trip at your agency or, if you prefer, directly on site at the club’s excursion office. The excursions described in this catalogue may be subject to substantial changes at the discretion of the local organisers, or due to adverse weather conditions or closure of certain monuments.
You will find an assistance office in all the clubs and villages proposed staffed by our hostesses. A help desk is available at airports for incoming/departing flights combined with our programmes.
The fee is set at €30 per person and must be paid (and is non-refundable) for all registrations for a trip or stay from 2 years of age. No fee is due for registrations of children aged 0 to 2 years. The fee includes insurance cover.
All participants in a trip or stay published in this brochure are covered by an Allianz Global Assistance insurance policy (medical expenses, baggage insurance). Details of benefits, excesses and exclusions are outlined in the policy that will be sent to the customer together with the travel documents or on the following pages of this brochure under the heading “insurance”.
GUARANTEE FUND POLICY
In compliance with legal obligations deriving from Italian Leg. Decree 79 of 23 May 2011 – article 50 paragraph 2 and paragraph 3 and subsequent amendments/additions, the Travel Agency has taken out a suitable INSURANCE POLICY with VITTORIA ASSICURAZIONI Spa (Policy number 631.36. 922319 – Consorzio FOGAR – FIAVET) which, within the limits of the maximum coverage, guarantees the tourist repayment of the price of the tour package and/or cost of the immediate return journey if the tourist is not able to use all or part of the services included in the tour package only in the case of insolvency or bankruptcy of said TA/T.O.
The extract of the insurance conditions, telephone contact details, instructions on what to do in the event of need/damage or claims are outlined in the printed or digital Guarantee Fund policy sheet, which will be sent to the customer together with the travel documents. It can also be consulted and downloaded from our website www.aeroviaggi.it under the heading “Insurance”.
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF ITALIAN LAW NO. 38/2006
Italian law punishes crimes related to prostitution and child pornography with imprisonment, even if committed abroad.
INFORMATION PURSUANT TO EUROPEAN REGULATION NO 2016/679
(GENERAL DATA PROTECTION REGULATION – GDPR)
Aeroviaggi S.p.A., with registered offices in Viale Andrea Doria, 7 – 20124 Milan (Italy), with VAT number: IT00260390828, as the data controller (hereinafter “Controller”), hereby informs you, pursuant to Article 13 EU Regulation 679/2016 (“GDPR”), that your data will be processed in the manner and for the purposes described below:
1. Subject of the processing
The Controller processes the personal identifying data (hereinafter “Data”) that you provide when purchasing or subscribing to services or, in general, your existing contractual relationship with the Controller.
2. Purposes and legal basis for the processing
Your persona data are processed, without your prior consent (Art. 6, lett. b), c) GDPR), for the sole purposes of managing and fulfilling pre-contractual and contractual relationships; the requirements related to administrative and accounting management; the obligations prescribed by laws, regulations or EU legislation or imposed by the Authorities; for the protection of the Controller’s rights in court and management of any litigation; for the prevention and suppression of illegal acts.
3. Method of processing and preservation
The processing will be carried out by means of the operations indicated in Article 4 GDPR and may take place either by means of computer systems (cloud, internet, intranet, computers and mobile devices) and automated processes, or in paper-based mode (archives).
Your data will be kept in the Controller’s databases for only as long as is strictly necessary to achieve the purposes for which it was collected and processed, in accordance with the law and as specified above, except in cases where applicable regulations require your data to be kept for longer periods.
Should you decide to close your account, the Controller will retain the personal data provided for administrative purposes only from the termination of the contractual relationship (10 years), except for any other needs for which their prolonged retention is granted and/or required by specific legal requirements.
4. Nature of data provision and consequences of refusal
The provision of personal identification data is optional but mandatory for the execution of the contractual relationship and obligations arising from the fulfilment of laws, regulations or EU legislation. Any refusal will result in the impossibility of the total or partial fulfilment of the requested services or benefits.
5. Data access
Your data will be processed for the above-mentioned purposes by employees and/or collaborators of the Controller in their capacity as data processors and/or internal data processors and/or system administrators; by third parties (e.g., suppliers, professionals, banks, affiliates) where they perform outsourced activities on behalf of the Controller, in their role as external data processors.
6. Data communication
Without your express consent (under art. 6 lett. b), c) GDPR), the Controller may communicate your data to public bodies in order to comply with the obligations prescribed by laws, regulations or EU legislation or laid down by the Authorities, which will process them in their role as autonomous data controllers.
They may also be communicated to third parties (e.g. suppliers, partners, and group companies), who will process the data to carry out activities related to the services requested and the above-mentioned purposes.
The selected service providers operate through data centres located within the European Union. If your data is transferred to countries outside the European Economic Area (EEA), even for the purpose of technical management of the data collected, this will only occur in full compliance with the European GDPR regulation, to companies adhering to the Privacy Shield (USA) or to third countries for which there are adequate guarantees recognised by the European Union or adequate data protection guarantees are provided by means of contractual agreements or clauses (including Binding Corporate Rules – BCRs, and model contract clauses).
7. Rights of the data subject
You may at any time exercise your rights towards the Data Controller, pursuant to Articles 15-22 of EU Regulation 2016/679, and in particular the rights of access, rectification, integration and where permitted, the portability of the data provided, as well as having the right to erase, restrict or object to the processing of the data for legitimate reasons and to object to automated decision-making, including profiling. As well as the right to complain to the Data Protection Authority, by contacting the data controller or the DPO, by sending an email to firstname.lastname@example.org or to email@example.com to contact the appointed DPO
In order to ensure the protection of the data subject’s personal information, we may need to request further specific information confirming the identity of the data subject in question and thus guarantee the right to access the information (or to exercise any of the other rights) only to persons entitled to receive such communications. This is another appropriate security measure for the protection of personal data.
Requesting access to your personal information (or to exercise any of the above rights) is free of charge. If, however, the request is clearly unfounded or excessive, we may charge a reasonable fee taking into account the administrative costs incurred in providing the information or refuse to comply with the request in such circumstances.
8. Data controller and data protection officer (DPO)
The data controller is: AEROVIAGGI S.p.A. – Viale Andrea Doria, 7 – 20124 Milan – www.aeroviaggi.it.
The data protection officer (DPO) appointed is Neo Studio 2000 S.r.l. (Reference Michele Sabatino) who can be contacted at the address: firstname.lastname@example.org
Technical organisation and planning:
Aeroviaggi SpA – via Isidoro La Lumia, 11 – 90139 Palermo – Tel. +39 0917434111 – Fax. +39 0918486024- Website and email address: www.mangias.com – email@example.com – R.E.A MI 1948673 – License no. D.D.S 1608/-S9/TUR of 24/10/2011 – Ensured in accordance with the requirements of the “Tourism Code”., Italian Leg. Decree 23.05.2011 no. 79, with Europ Assistance third-party liability policy no. 9123620.