Home | Facilities | Offers | Groups | Agencies | About us | Login General conditions for online reservations General conditions Going Srl 1. LEGISLATIVE SOURCES The sale of tourist packages, which have as their object services to be provided in both national and international territory, is regulated - until its repeal pursuant to art. 3 of Legislative Decree no. 79 of 23 May 2011 (the "Tourism Code") - by Law no. 1084 of 27/12/1977 ratifying and executing the International Convention relating to the travel contract (CCV), signed in Brussels on 23.4.1970 - in as applicable - as well as by the Tourism Code (articles 32-51) and its subsequent amendments and by the provisions of the civil code in terms of transport and mandate, as applicable. 2. ADMINISTRATIVE REGIME The organizer and the intermediary of the tourist package, to whom the tourist is addressed, must be authorized to carry out their respective activities on the basis of current legislation, including regional ones, given their specific competence. The Organizer and the intermediary make known to third parties, before the conclusion of the contract, the details of the insurance policy to cover the risks deriving from professional civil liability, as well as the details of the other guarantee policies towards travelers for the coverage of events that may affect the execution of the holiday, such as cancellation of the trip, coverage of medical expenses, early return, loss or damage to luggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the intermediary, each to the extent of their competence, for the purpose of returning the sums paid or returning the tourist to the place of departure. Pursuant to art. 18, paragraph VI, of the Italian Tourism Code, the use in the reason or company name of the words "travel agency", "tourism agency", "tour operator", "travel broker" or other words and phrases, also in a foreign language, of a similar nature, is allowed only to the qualified companies referred to in the first paragraph. 3. DEFINITIONS For the purposes of this contract we mean by: a) travel organizer: the person who undertakes in his own name and against a lump sum, to procure tourist packages for third parties, creating the combination of the elements referred to in the following art. 4 or by offering the tourist, even through a remote communication system, the possibility of independently creating and purchasing this combination; b) intermediary: the person who, even if not professionally and non-profit, sells or undertakes to procure tourist packages made pursuant to the following art. 4 towards a lump sum payment; c) tourist: the buyer, the transferee of a tourist package or any person also to be named, as long as he meets all the conditions required for the use of the service, on behalf of which the main contractor undertakes to purchase a tourist package without remuneration. 4. NOTION OF TOURIST PACKAGE The notion of tourist package is as follows: "The tourist packages concern trips, holidays," all inclusive "circuits, tourist cruises, resulting from the combination, by anyone and in any way made, of at least two of the elements indicated below, sold or offered for sale at a flat rate: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation pursuant to art. 36 which constitute a significant part of the “tourist package” for the satisfaction of the recreational needs of the tourist (art. 34 of the Italian Tourism Code). The tourist has the right to receive a copy of the tourist package sales contract (drawn up pursuant to and in the manner set out in art. 35 of the Italian Tourism Code). The contract constitutes a title to access the guarantee fund referred to in the following art. 21. 5. TOURIST INFORMATION - TECHNICAL SHEET 1. Before the start of the trip, the organizer and the intermediary communicate the following information to the tourist: a) timetables, intermediate stop locations and connections; b) information on the identity of the operating air carrier, if not known at the time of booking, according to art.11 Reg. Ce 2111 \ 05 (Art. 11, paragraph 2 Reg. Ce 2111/05: "If the identity of the actual air carrier or actual air carriers is not yet known at the time of booking, the air transport contractor ensures that the passenger is informed of the name of the carrier or air carriers that will operate as actual air carriers for the flight (s) In this case, the air transport contractor will ensure that the passenger is informed of the identity of the actual carrier or air carriers as soon as their identity has been ascertained and their possible ban on operations in the European Union ". 2. The organizer prepares a technical data sheet in the catalog or in the out-of-catalog program - also on electronic or telematic support. It contains the technical information relating to the legal obligations to which the Tour Operator is subject, such as by way of example: - details of the organiser's administrative authorization or SCIA; - details of the guarantees for travelers pursuant to art. 50 of the Italian Tourism Code - details of the civil liability insurance policy; - period of validity of the catalog or of the off-catalog program; - parameters and criteria for adjusting the travel price (Art. 40 of the Tourist Code) 6. PURCHASE PROPOSAL - RESERVATIONS The proposal for the purchase and sale of a tourist package must be drawn up on a specific contractual form, if necessary electronic, completed in its entirety and signed by the customer, who will receive a copy. The acceptance of the proposed purchase and sale of the tourist package is considered completed, with the consequent conclusion of the contract, only when the organizer sends the relative confirmation, also by electronic system, to the tourist at the intermediary travel agency, which will take care of the delivery to the tourist himself. The indications relating to the tourist package not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer, in regular fulfillment of the obligations provided for by art. 37 paragraph 2 of the Italian Tourism Code before the start of the trip. Special requests on the methods of delivery and / or execution of certain services that are part of the tourist package, including the need for assistance at the airport for people with reduced mobility, the request for special meals on board or in the resort, must be made in booking request phase and be the subject of a specific agreement between the Tourist and the Organizer, through the mandated travel agency. Pursuant to art. 32, paragraph 2, of the Italian Tourism Code we inform you that in contracts concluded at a distance or outside commercial premises (as respectively defined by articles 50 and 45 of Legislative Decree 206/2005), the right of withdrawal provided for by articles 64 and ss. of Legislative Decree 206/2005. 7. PAYMENTS 1. Upon signing the proposed purchase of the tourist package, the following must be paid: a) the registration or management fee (see art. 8); b) deposit not exceeding 25% of the price of the tourist package published in the catalog or in the quotation of the package provided by the Organizer. This amount is paid as a confirmatory deposit and advance on the price account. During the period of validity of the sale proposal and therefore before any booking confirmation which constitutes the completion of the contract, the effects of article 1385 of the Italian Civil Code are not produced if the withdrawal depends on an unreliable fact. The balance must be paid within the deadline established by the Tour Operator in its catalog or in the booking confirmation of the requested tourist service / package. 2. For bookings after the date indicated as the deadline for making the balance, the entire amount must be paid at the time of signing the purchase proposal. 3. Failure to pay the above sums, on the established dates, or failure to return the sums paid by the Tourist to the Tour Operator - and without prejudice to the guarantee actions pursuant to art. 50 of Legislative Decree 79/2011 - constitutes an express termination clause such as to determine the legal termination to be carried out by simple written communication, by fax or by e-mail, at the intermediary agency, or at the domicile, including electronic, where communicated , of the tourist. The balance of the price is considered to have taken place when the sums reach the organizer directly from the tourist or through the intermediary of the same tourist chosen. 8. PRICE 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 of the same catalogs or out-of-catalog programs. It can only be changed as a result of changes in: - transport costs, including the cost of fuel; - duties and taxes relating to air transport, landing, disembarkation or embarkation rights in ports and airports; - exchange rates applied to the package in question. For these changes, reference will be made to the exchange rates and prices in force on the date of publication of the program, as reported in the technical data sheet of the catalog, or on the date reported in any updates published on the websites. In any case, the price cannot be increased in the 20 days prior to departure and the revision cannot exceed 10% of the price in its original amount. The price consists of: a) registration fee or file management fee; b) participation fee: expressed in the catalog or in the quotation of the package 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 exit taxes from the holiday destination countries. 9. MODIFICATION OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE 1. Before departure, the organizer 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 change and the resulting price change. 2. If the tourist does not accept the proposed modification referred to in paragraph 1, he can withdraw without payment of penalties and has the right to take advantage of another tourist package where the Tour Operator is able to offer it, or is refunded, within the terms by law, the sum of money already paid including the practical management fee. 3. The tourist communicates his choice to the organizer or the intermediary within two working days from the moment in which he received the notice indicated in paragraph 1. In the absence of communication within the aforementioned term, the proposal formulated by the organizer is considered accepted. 4. If the Organizer cancels the tourist package before departure for any reason, except for the fault of the traveler, it will reimburse the latter, within the terms of the law, the amount paid for the purchase of the tourist package and is entitled to be indemnified for failure to execute the contract, except in the following cases: 5. There is no compensation resulting from the cancellation of the tourist package when the cancellation of the same depends on the failure to reach the minimum number of participants possibly required, 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, as well as for those other than the non-acceptance by the tourist of the alternative tourist package offered, the organizer who cancels, will return to the tourist a sum equal to double the amount paid by the same and actually collected by the organizer, through the travel agent. 7. The amount to be returned will never be more than double the amount that the tourist would be owed on the same date in accordance with the provisions of art. 10,2 ° paragraph if he were to cancel. 10. WITHDRAWAL OF THE TOURIST 1. The tourist can also withdraw from the contract without paying penalties in the following cases: - price increase exceeding 10%; - significant modification of one or more elements of the contract objectively configurable as fundamental for the use of the tourist package as a whole considered and proposed by the organizer after the conclusion of the contract itself but before departure and not accepted by the tourist. In the cases mentioned above, the tourist has alternatively the right: - to take advantage of an alternative tourist package of equivalent or higher quality if the organizer can offer it to him. If the all-inclusive service is of lower quality, the organizer must reimburse the consumer for the price difference. - to the refund of the sums already paid. This return must be made in accordance with the law. 2. To the tourist who withdraws from the contract before departure outside the hypotheses listed in the first paragraph, or those provided for by art. 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 file, the penalty to the extent indicated in the catalog or out-of-catalog program or tailor-made trip, any consideration for insurance coverage already requested at the time of conclusion of the contract or for other services already rendered. 3. In the case of pre-established groups, these sums will be agreed from time to time at the signing of the contract 4. Travel that includes the use of scheduled flights with special fares is excluded from the above. In these cases the conditions relating to cancellation penalties are deregulated and much more restrictive. 11. CHANGES AFTER DEPARTURE If, after departure, the Organizer is unable to provide an essential part of the services provided for in the contract, for any reason other than the tourist's own business, he must prepare suitable alternative solutions for the continuation. of the planned trip not involving charges of any kind for the tourist, or reimburse the latter within the limits of the difference between the services originally planned and those performed. If no alternative solution is possible, or the solution prepared by the organizer is rejected by the tourist for proven and justified reasons, the organizer will provide, at no extra cost, a means of transport equivalent to the original one provided for the return to the place of departure. or to the different place eventually agreed, compatibly with the availability of vehicles and places, and will reimburse it to the extent of the difference between the cost of the services provided and that of the services performed up to the time of early return. 12. SUBSTITUTIONS AND CHANGES IN PRACTICE 12.1 The tourist can have another person substitute himself as long as: a) the organizer is informed in writing at least 4 working days before the date set for departure, receiving at the same time communication about the reasons for the replacement and the details of the transferee; b) the transferee satisfies 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, health certificates; c) the same services or other replacement services can be provided following the replacement; d) the substitute reimburses the organizer for all additional expenses incurred to proceed with the substitution, to the extent that will be quantified before the transfer. The transferor and the transferee are jointly liable for the payment of the balance of the price as well as the amounts referred to in letter d) of this article. It is understood that, in application of art. 944 of the Navigation Code, the replacement will be possible only with the consent of the carrier. 12.2 In any case, the Tourist who requests the variation of any element relating to an already confirmed practice (by way of example only: replacement of person, correction of the poorly communicated name, request for change of date, request for change of city of departure, etc.) and provided that it is possible to implement it, the Tour Operator will pay, in addition to the costs resulting from the modification itself, a fixed flat rate of € ... .. 13. OBLIGATIONS OF TOURISTS 1. During the negotiations and in any case before the conclusion of the contract, Italian citizens are provided in writing with general information - updated to the date of printing of the catalog - relating to health obligations and the documentation necessary for expatriation. 2. For the rules relating to the expatriation of minors, please refer expressly to what is indicated on the website of the State Police. However, it should be noted that minors must be in possession of a personal document valid for expatriation or passport, or for EU countries, including an identity card valid for expatriation. As regards the expatriation of minors under the age of 14 and the expatriation of minors for which the Authorization issued by the Judicial Authority is required, 3. Foreign citizens must find the corresponding information through their diplomatic representations present in Italy and / or their respective official government information channels. In any case, tourists will, before departure, check the update with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Center at 06.491115 ) adjusting before the trip. In the absence of such verification, no responsibility for the non-departure of one or more tourists can be attributed to the intermediary or the organizer. 4. Tourists must in any case inform the intermediary and the organizer of their citizenship at the time of the booking request for the tourist package or tourist service and, upon departure, they must definitively ensure that they are in possession of vaccination certificates, passport individual and any other document valid for all countries covered by the itinerary, as well as residence and transit visas and health certificates that may be required. 5. Furthermore, in order to assess the socio-political and health safety situation of the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the tourist will have the burden of obtaining official information of a general nature from the Ministry of Foreign Affairs, and disclosed through the Farnesina institutional website www.viaggiaresicuri.it. The aforementioned information is not contained in the TO catalogs - online or on paper - since they contain descriptive information of a general nature as indicated in Article 38 of the Tourism Code and as they are temporally changeable. The socio-political information relating to the holiday destination country must therefore be taken by the tourists. 6. If on the booking date the chosen destination results from the institutional information channels, a location not recommended for security reasons, the traveler who subsequently should exercise the withdrawal cannot invoke, for the purposes of the exemption from the request for compensation for the withdrawal made, the coming less than the contractual cause related to the security conditions of the country. 7. Tourists must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of destination of the trip, with all the information provided to them by the organizer, as well as with the regulations, administrative or legislative provisions relating to tourist package. Tourists will be held responsible for all damages that the organizer and / or the intermediary may suffer also due to the failure to comply with the above obligations, including the expenses necessary for their repatriation. 8. The tourist is required to provide the organizer with all documents, information and elements in his possession useful for exercising the latter's right of subrogation against third parties responsible for the damage and is liable to the organizer the damage caused to the right of subrogation. 9. The tourist will also communicate in writing to the organizer, at the time of the proposal for the purchase and sale of the tourist package and therefore before sending the booking confirmation of the services by the organizer, the particular personal requests that may be the subject of agreements specific on the modalities of the trip, provided that it is possible to implement it. 14. HOTEL CLASSIFICATION The official classification of hotels is provided in the catalog or in other informative 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 recognized by the competent Public Authorities of the EU member countries to which the service refers, or in the case of structures marketed as a "Tourist Village", the organizer reserves the right to provide its own description of the accommodation facility, such as to allow an evaluation and consequent acceptance of the same by the tourist. 15. LIABILITY REGIME The intermediary with whom the tourist package was booked is not liable in any case for the obligations relating to the organization and execution of the trip, but is solely responsible for the obligations arising from its capacity as intermediary and, in any case, within the limits established for this. liability under the regulations in force on the subject, except for the exemption pursuant to art. 46 of the Italian Tourism Code 16. LIMITS OF COMPENSATION The compensation referred to in art. 44, 45 and 47 of the Cod. Tur. and related statute of limitations, are governed by the provisions therein and in any case within the limits established, by the CCV, by the International Conventions governing the services that are the subject of the tourist package as well as by articles 1783 and 1784 of the civil code, with the exception of personal injury. not subject to a fixed limit. 17. OBLIGATION OF ASSISTANCE The organizer is required to provide assistance to the tourist in difficulty according to the criterion of professional diligence with exclusive reference to the obligations to be borne by law or contract. The organizer and the intermediary are exonerated from their respective responsibilities (articles 15 and 16 of these General Conditions), when the failure or incorrect execution of the contract is attributable to the tourist or has depended on the fact of an unpredictable or unavoidable third party, or it was caused by a fortuitous event or force majeure. 18. COMPLAINTS AND COMPLAINTS Any failure in the execution of the contract must be contested by the tourist during the use of the package so that the organizer, his local representative or the guide can promptly remedy it. Otherwise, the compensation for the damage will be reduced or excluded pursuant to article 1227 of the civil code Without prejudice to the above obligation, the tourist can also make a complaint by sending a registered letter, with acknowledgment of receipt, to the organizer or to the seller, no later than ten working days from the date of return to the place of departure. . 19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES If not expressly included in the price, it is possible, and indeed advisable, to take out special insurance policies at the time of booking at the offices of the organizer or seller against the costs deriving from the cancellation of the package, from accidents and / or illnesses that also cover the costs of repatriation and for the loss and / or damage of luggage. The rights arising from the insurance contracts must be exercised by the tourist directly against the stipulating insurance companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogs or displayed in the brochures made available to the tourists. upon departure. 20. ALTERNATIVE DISPUTE RESOLUTION INSTRUMENTS Pursuant to and for the purposes of art. 67 of the Italian Tourism Code the organizer may propose to the tourist - in the catalog, on the documentation, on its website or in other forms - alternative ways of resolving the disputes that have arisen. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such membership entails. 21. GUARANTEE FUND (art. 51 of the Tourist Code) 21. GUARANTEES TO THE TOURIST (art. 50 and 51 of the Tourist Code). Organized tourism contracts are backed by suitable guarantees given by the Organizer and by the intermediary travel agent which, for trips abroad and trips that take place within a single country, guarantee, in cases of insolvency or bankruptcy of the intermediary or organizer, the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist. The identification details of the legal entity who, on behalf of the Organizer, is required to provide the guarantee will be indicated in the catalog and / or on the website of the Tour Operator; they may also be indicated in the booking confirmation of the services requested by the tourist / traveler. For contracts for the sale of tourist packages stipulated by 30 June 2016, the provisions of article 51 of legislative decree no. 79 of 2011 and subsequent amendments. Requests for reimbursement relating to contracts for the sale of tourist packages stipulated by 30 June 2016 must be submitted, under penalty of forfeiture, to the National Guarantee Fund set up at the MIBACT Directorate General for Tourism within three months from the date on which it was concluded. o the trip should have ended and are defined up to the limits of the Fund's capacity, whose liquidation management is ensured by the competent Administration. 22. OPERATIONAL CHANGES In consideration of the large advance with which the catalogs are published that report the information relating to the methods of use of the services, it is noted that the times and routes of the flights indicated in the acceptance of the proposal for the sale of services may undergo variations as they are subject to subsequent validation. To this end, the tourist / traveler must request confirmation of the services from their agency before departure. The Organizer will inform passengers about the identity of the actual carrier within the times and in the manner provided for by Article 11 of EC Reg. 2111/2005. (referred to in Article 5). ADDENDUM GENERAL CONDITIONS OF CONTRACT FOR SALE OF INDIVIDUAL TOURIST SERVICES A) REGULATORY PROVISIONS Contracts relating to the offer of the transport service only, the accommodation service only, or any other separate tourist service, not being able to be configured as a negotiating case of travel organization or tourist package, are governed by the following provisions of the CCV : art. 1, no. 3 and n. 6; articles from 17 to 23; articles 24 to 31 (limited to the parts of these provisions that do not refer to the organization contract) as well as other agreements specifically referring to the sale of the single service covered by the contract. The seller who undertakes to provide a disaggregated tourist service to third parties, even electronically, is required to issue the tourist the documents relating to this service, B) CONDITIONS OF CONTRACT The following clauses of the general 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 these clauses does not absolutely determine the configuration of the related services as a case of tourist package. The terminology of the aforementioned clauses relating to the tourist package contract (organizer, trip, etc.) must therefore be understood with reference to the corresponding figures in the sales contract of individual tourist services (seller, stay, etc.). INFORMATION NOTICE PURSUANT TO ART. 13 Legislative Decree 196/2003 and subsequent amendments The processing of personal data, the conferment of which is necessary for the conclusion and execution of the contract, is carried out in full compliance with Legislative Decree 196/2003, in paper and digital form. The data will be communicated only to the suppliers of the services included in the tourist package. The customer may at any time exercise the rights pursuant to art. 7 of Legislative Decree 196/2003 by contacting the data controller: company name; registered office, tax data; indication of the manager's name and e-mail address. MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW N ° 38/2006. “Italian law punishes crimes relating to prostitution and child pornography with imprisonment, even if committed abroad. 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