Happy Toscana by ITALIA TABI
Via dei Fossi 1/R, 50123 Firenze (FI) - Italy
Tel. +39 3332581220 ( ITA-ENG )
Tel. +39 3393595377 ( ITA-JPN )
P. IVA 06493670480
Numero REA VE - 415566
Terms and Conditions
CONTENT OF THE SALE CONTRACT OF THE TOURIST PACKAGE
As well as the general conditions that follow, the description of the tourist package included in the catalog or in the separate travel program, as well as the booking confirmation of the requested services by the tourist/traveler, are integral part of the
This is sent by the tour operator to the travel agency, as the representative of the Tourist and the latter will have the right of receiving it by the former.
In subscribing to the sale proposal of the tourist package, the tourist/traveler shall keep in mind that the travel agency considers as read and accepted, for them and for the people for whom they require an all inclusive service, both the travel contract,
as it is regulated here, and the the warnings included in it, and these general conditions.
1. LEGISLATIVE SOURCES
The sale of tourist packages, which are relative to both national and international services, is regulated until its repeal in accordance to article n.3 of the legislative decree n. 79 of 23rd May 2011 (the Codice del TurismoTourism Code) by the
law L. 27/12/1977 n. 1084 of ratifying and implementing of the International Convention relative to the Brussels on 23.4.1970as applicable as well as by the Tourism Code (articles 32-51) and its subsequent amendments and by the regulations of
the civil code regarding transportation and mandate.
2. ADMINISTRATIVE REGULATIONS
The organizer and the intermediary of the tourist package must be licensed for the implementing of the relative activities based on teh applicable administrative regulation, even regional.
In accordance to the article 18, paragraph VI, of the Tourism Code, the use in the company name of the words travel agency"tourism agency"tour operator"travel mediatoror other words or locutions, even in foreign language, or similar, is
allowed exclusively to the companies that are licensed according to the first paragraph.
For the purposes of this contract it is defined for:
a) travel organizer: the person who undertakes in their name and with a lump sum payment, to provide to third parties tourist package the combination of the elements in accordance to the following article n. 4 or by offering to the tourist, as well as by
means of a remote communication system, the possibility to carry out independently and purchase this combination;
b) intermediary: the person who, even not professionally and no-profit, sells or undertakes to be provided with tourist packages carried out in accordance to the following article n.4 for a lump sum payment;
c) tourist: the buyer, the transferee of a tourist package or any other person to be named, provided that they satisfy all the required conditions for the use of the service, on behalf of the main contractor, that undertakes the purchase a tourist package
4. TOURIST PACKAGE NOTION
The notion of tourist package is as follows:
Tourist packages regard travels, holidays and all inclusivecircuits, tourist cruises, resulting from the combination, by anyone and carried out in any way, of at least two elements indicated, sold and offered on sale at a lump sum payment: a)
transportation; b) accommodation; c) tourist services not ancillary to transportation or accommodation in article 36 which constitute, for the satisfaction of the recreational needs of the tourist, significant part of the "tourist package"(article 34 of the Tourism Code).
The tourist is entitled to receive a copy of the sale contract of the tourist package (written according to and with the procedures of the article n. 35 of the Tourism Code). The contract is entitled to access the Guarantee Fund referred to in the following
article n. 21.
ART. 5. INFORMATION TO THE TOURIST TECHNICAL SHEET
1. Before the beginning of the travel, the organizer and the intermediary communicate to the tourist the following information:
a) times, places of intermediate stops and transport connections;
b) information about the identity of the operative air carriage, if it is not known at the time of reservation, as it is regulated in article 11 Regulation of the European Community 2111\05 (Article 11, paragraph 2 Regulation of the European Community
2111/05If the identity of the actual air carriage or of the actual air carriages is not known at the time of reservation yet, the air carriage contractor shall ensure that the passenger is informed of the name of the operating air carriage or carriages as
actual air carriages for the relative flight or flights. In this case, the air carriage contractor shall ensure that the passenger is informed of the identity of the actual air carriage or carriages as soon as their identity is ascertained and their possible EU
2. The organizer draws up in the catalog or in the out of catalog program even on electronic or telematic support a technical sheet. In it there will be the technical information relevant to the obligations of the law to which the Tour Operator
undergoes, such as for example
- details of the administrative authorization; details of the guarantees for the travelers; details of the insurance policy of civil liability; validity period of the catalog or of the out of catalog program; parameters and criteria of the parameters e criteria of
the travel price adjustment (Article 40 of the Tourism Code).
6. PURCHASE PROPOSAL - RESERVATIONS
The sale proposal of the tourist package shall be written on the relevant contract form, even electronic, filled in any part and signed by the customer, who will receive a copy.
The acceptance of the sale proposal of the tourist package is considered as complete, with the result of the conclusion of the contract, only at the time when the organizer will send the relevant confirmation, even telematically, to the tourist at the
intermediary travel agency, which shall arrange delivery to the same tourist.
The indications relevant to the tourist package that are not included in the contract documents, brochures or other written media, shall be provided by the organizer, with the regular fulfillment of the obligations provided as defrayed by them according
to the article 37 paragraph 2 of the Tourism Code, before the beginning of the travel.
Special requests on the mode of delivery and/or implementation of some services that are part of the tourist package, shall be advanced in the process of inquiry of booking and result as a specific object of agreement between the Tourist and the
Organizer, through the intermediary travel agency.
According to the article 32, paragraph 2 of the Tourism Code, notice is given that in the contracts concluded at a distance or out of the business premises (as it is respectively defined in the articles 50 and 45 of thee Legislative Decree 206/2005), the
right of withdrawal is ruled out by the articles 64 and following of the Legislative Decree 206/2005.
1. Upon the signing of the sale proposal of the tourist package, it will have to be paid:
a) the registration fee or paperwork management (see article 8); .
b) deposit not superior of 25% of the price of the tourist package published on the catalog or in the quote of the package supplied by the Organizer. This amount is paid as confirmation deposit and advanced price cost. In the validity time of the sale
proposal and so before the possible confirmation of booking that constitutes the implementing of the contract, the effects as in article1385 of the Civil Code are not produced when the withdrawal depends on events that are not attributable. The
balance must be paid without exception by the deadline set by the Tour Operator Tour Operator in their catalog or in the confirmation of the booking of the requested tourist service/package.
2. For the bookings in the period following the date indicated as deadline of the balance, the entire amount shall be paid at the time of the subscription of the purchase proposal.
3. Failure to pay the above mentioned sums, at the set dates, constitutes termination clause expressed in a way as to determine the termination of the right to operate with a simple written communication, by fax or e-mail, at the intermediary Agency,
or at the domicile, even electronic, where communicated, of the tourist. The balance of the price is considered done at the time when the organizer receives it.
The price of the tourist package is determined in the contract, with reference to what is indicated in the catalog or in the out of catalog program and to the possible updates of the same catalog or out of catalog programs made in a following date.
The price can be modified only as a consequence of the variations of:
- transportation costs, including the cost of fuel;
- rights and taxes relevant to the air transport, rights of landing, disembarking or embarking in ports and airports;
- exchange fees applied to the package in question.
For these variations, reference will be made to the exchange rates and the prices in force at the date of publishing of the program, as it is reported in the technical sheet of the catalog, or at the date reported on possible published updates on the
In any case the price cannot be increased in the 20 days that precede the departure and the review cannot exceed the 10% of the price of the original amount.
The price is composed of:
a) registration fee or management paperwork fee;
b) participation fee: expressed in catalog or in the quote of the package provided to the intermediary or the tourist;
c) cost of possible insurance policies against the risks of cancellation and/or medical expenses or other requested services;
d) cost of possible visas and entrance and exit taxes from the countries that are the destination of the holiday.
9. AMENDMENT OR CANCELLATION OF THE TOURIST PACKAGE BEFORE THE DEPARTURE
1. Before the departure, the organizer or the intermediary that has needs to modify significantly one or more elements of the contract, shall give immediate notice in written form to the tourist, indicating the type of change and the price variation that
2. If the tourist does not accept the amendment proposal as in paragraph 1, they can withdraw without payment of penalties and have the right of use another tourist package if the Tour Operator is able to provide it to them, or
it will be reimbursed, according to the law, the sum of money already paid including the management paperwork fee.
3.The tourist communicates their choice to the organizer or the intermediary within two working days from the time they received the notice indicated in paragraph 1. In lack of communication within the above mentioned deadline, the proposal made
by the organizer is considered as accepted.
4. If the Organizer cancels the tourist package before the departure for any reason, apart from the traveler's fault, they must reimburse to the latter, according to the law, the amount paid for the purchase of the tourist package and has a right to be
compensated for breach of contract, except in the cases indicated below.
5. No reimbursement arising from the cancellation of the tourist package is provided when the cancellation of the same depends on the lack of the required minimum number of participants,
or due to force majeure or fortuitous events.
6. For cancellations other than those caused by fortuitous events, force majeure or lack of required minimum number of participants, as well as for those other than the lack of acceptance by the tourist of the offered alternative tourist package, the
organizer that cancels, shall return to the tourist a sum that is the double of what was paid and collected by the organizer, through the travel agent.
7. The refunded sum will never exceed the double of the amounts of which the tourist would be debtor on the same date, according to the article 10, paragraph 2, if it were them to cancel.
10. WITHDRAWAL OF THE TOURIST
1. The tourist may also withdraw from the contract without paying penalties in the following cases:
- increase of the price in excess of 10%;
- significant modification of one or more elements of the contract considered as fundamental for the use of the tourist package as a whole, and proposed by the organizer after the conclusion of the same contract but before the departure and not
accepted by the tourist.
In the above mentioned cases, the tourist has alternatively right of:
- using an alternative tourist package, of the same or superior quality, when the organizer is able to propose it to them. If the all inclusive service is of inferior quality, the organizer shall reimburse to the consumer the price difference.
- the return of the already paid sums. This return shall be made according to the law.
2. To the tourist that withdraws from the contract before the departure outside the cases listed in the first paragraph, or in those provided by the article 9, paragraph 2, will be charged independently from the payment of the deposit according to
article 7 paragraph 1the individual cost of the paperwork management, the penalty in the amount indicated in the catalog or in the out of catalog program, the possible payment of insurance covers already requested at the time of the conclusion of
the contract or for other already provided services. In case of preformed groups, these sums must be agreed from time to time at the signing of the contract.
4. From the above are excluded the travels that include the use of scheduled flights with special fares. In these cases the conditions relevant to the cancellation penalties are deregulated and much more restrictive.
11. MODIFICATIONS AFTER THE DEPARTURE
When the Organizer after the departure is unable to provide for any reason, except for a fact of the tourist, an essential part of the services of the contract, the Organizer will have to arrange adequate alternative solutions for the continuation of the
programmed travel that involves duties charged on the tourist, or reimburse the latter with the limitation of the difference between the original proposed performance and the actual performance that was carried out.
When there is no possible alternative solution, or the solution proposed by the organizer is refused by the tourist for proven and justified reasons, the organizer shall supply, without a price supplement, a means of transport equivalent to the original
proposed one for the return to the departure place or to a different place possibly agreed, compatibly to the availability of means and seats, and they will reimburse them in the difference between the cost of the proposed performance and the carried
out performance until the time of the anticipated return.
GENERAL CONDITIONS OF CONTRACT SALE OF TOURIST PACKAGES
The withdrawing tourist can be substituted by another person provided that:
a) the organizer is informed in writing at least 4 working days before the date fixed for the departure, receiving at the same time a communication about the reasons of the substitution and the details of the transferee;
b) the transferee satisfies all the conditions for the use of the service (pursuant to article 39 Tourism Code ) and in particular the requirements relevant to the passport, the visas and the medical certificates;
c) the same services or other services in substitution can be provided after the substitution;
d) the substitute reimburses to the organizer all the additional expenses incurred to do the replacement, to the extent that will be quantified before the transfer.
The transferor and the transferee are jointly responsible for the payment of the balance of the price, as well as of the amounts referred to in the letter d) of this article.
Any additional terms and conditions of substitution are indicated in the technical sheet.
It is understood that, pursuant to the article 944 of the Navigation Code, the substitution will be possible only with the consent of the carrier.
13. DUTIES OF THE TOURISTS
1. During the negotiations and however before the conclusion of the contract, to the Italian citizens, the written general information is provided updated at the date of the publishing of the catalog relevant to the health duties and the
documentation necessary for the expatriation.
2. For the rules relevant to the expatriation of minors is expressly provided to the website of the State Police. It should be noted, however, that the minors must be in possession of a personal document valid for the expatriation or of a passport, or for
the EU countries, even of identity card valid for the expatriation. Regarding the expatriation of children that are less than 14 years old and the expatriation of minors for whom the Authorization issued by the Judicial Authority is necessary, the rules
indicated on the website of the State Police have to be followed http://www.poliziadistato.it/articolo/191/.
3. Foreign citizens have to collect the relevant information through their diplomatic representatives in Italy and/or relevant official government channels.
In any case tourists will provide, before the departure, to verify the update with the competent authorities (for the Italian citizens the local questurepolice headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it
or the Telephonic Operative Central at the number 06.491115) by adjusting before the travel. With lack of this verification, no responsibility for the failed departure of one or more tourists can be attributed to the intermediary or the organizer.
4. The tourists in any case will have to inform the intermediary or the organizer about their citizenship at the time of request of booking of the tourist package or tourist service and, at the time of departure, they will have to definitely make sure that
they are in possession of the vaccination certificates, of the individual passport and of any other document valid for all the countries touched on the itinerary, as well as the visas, transit visas and medical certificates that could be possibly required.
5. Furthermore, in order to evaluate the security, sociopolitical and health situation of the target countries and, so, the objective use of the purchased or to be purchased services, the tourist has the duty to receive the official general information at
the Ministry of Foreign Affairs and disclosed through the institutional website of Farnesina www.viaggiaresicuri.it.
The above mentioned information is not contain in the T.O. Catalogs - online or on paper because they contain descriptive general information as indicated in the article 38 of the Tourism Code.
The sociopolitical information relevant to the holiday destination country must then be gained by the tourists.
6. If at the date of booking, the destination chosen results to be a not recommended place for security reasons, according to the institutional informative channels, the traveler that should exercise the right of withdrawal, cannot claim, for the purpose
of exemption of the request of compensation of the operated withdrawal, the loss of contractual cause connected to the security conditions of the country.
7. The tourists will also have to follow the rules of normal prudence and diligence and those that are specifically in force in the travel destination countries, they have to follow all the information provided to them by the organizer, as well as the
regulations, the administrative or legislative provisions relevant to the tourist package. The tourists will be considered liable of any damage that the organizer and/or the intermediary could undergo even because of the lack of respect of the above
mentioned obligations, including the expenses necessary for their repatriation.
8. The tourist is obliged to supply to the organizer all the documents, the information and the elements in their possession that are useful for the exercise of the right of substitution of the latter against third parties that are responsible for the damage
and is liable towards the organizer of the prejudice caused to the right of substitution.
9. The tourist will communicate in writing to the organizer, at the time of sale proposal of the tourist package and so before sending the booking confirmation of the services by the organizer, the special personal requests that can be object of
specific agreements on the travel arrangements, provided that the implementation is possible.
14. HOTEL CLASSIFICATION
The official classification of hotels are provided on the catalog or in other informative material in base of the expressed and formal indications to 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 is referred, or hypothetically in facilities commercialized as Tourist Village"the organizer reserves the right to
provide on the catalogue or on the brochure their description of the accommodation facility that allows an evaluation and consequent acceptance of the same by the tourist.
15. LIABILITY SYSTEM
The organizer is liable for damages caused to the tourist because of the total or partial non-fulfillment of the performance of the contract, both if they are performed personally by them or by third parties that are suppliers of the services, unless they
prove that the event derives from a fact of the tourist (including the initiatives undertaken by the latter during the performance of the tourist services) or from a fact of a third party with an unpredictable or inevitable feature, from circumstances
external from the supply of the performance provided in the contract, for a fortuitous case, force majeure, or for circumstances that the organizer cannot, according to the professional diligence, reasonably provide and solve.
The intermediary by whom the booking of the tourist package was made does not respond in any case of the obligations relevant to the organization and execution of the travel, but is liable exclusively for the obligations arising from the quality of the
intermediary and, however, with the limits provided for this liability of the regulations in force on the matter, except for the exemption according to the article 46 Tourism Code.
16. COMPENSATION LIMITS
The compensations according to articles 44, 45 and 47 of the Tourism Code and the relevant to the time limitations, are disciplied by what is provided hereby and however in the established limits, by the C.C.V, by the International Conventions that
discipline the performance that form object of the tourist package as well as the articles 1783 and 1784 of the civil code, except for the damages to the person that are not subject to the prefixed limit.
17. DUTY OF CARE
The organizer is required to perform care to the tourist according to the professional diligence with exclusive reference to the obligations on them for law or contract regulations.
The organizer and intermediary are exempt from their respective responsibilities (articles 15 and 16 of these General Conditions), when the lack or imprecise execution of the contract is attributable to the tourist or depends on a fact of a third party
with unpredictable or inevitable feature, or is caused by fortuitous case or force majeure.
18. CLAIMS AND REPORTS
Any failure in the execution of the contract must be contested by the tourist during the use of the tourist package so that the organizer the local representative or the tour manager may promptly remedy. Otherwise the damage compensation will be
reduced or excluded according to article 1227 of the civil code.
Considering the above mentioned obligation, the tourist can anyway claim the sending of a registered letter with notice of receipt, to the organizer or the seller, by and no later than ten working days from the date of return in the place of departure.
19. INSURANCE AGAINST THE CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is possible, or even advisable, to stipulate at the time of booking at the premises of the organizer or the seller, special insurance policies against expenses arising from the cancellation of the package, from the
injuries and/or diseases that cover the repatriation expenses for the loss and/or damage of the luggage.
The rights arising from the insurance contracts must be performed by the tourist directly towards the stipulating Insurance Companies, to the conditions and the terms provided in the same policies, as exposed on the conditions of policy published
on the catalogs or exposed in the brochures at disposal for the tourists at the time of departure.
20. ALTERNATIVE INSTRUMENTS FOR THE RESOLUTION OF DISPUTES
According to the article 67 of the Tourism Code, the organizer can propose to the tourist on the catalog, on the documentation, on their website or in other forms ways of alternative resolution of the arising disputes.
In this case, the organizer indicates the type of proposed alternative resolution and the effects that this acceptance involves.
21. TOURIST GUARANTEES (articles 50 and 51 Tourism Code)
The contracts of organized tourism are assisted by suitable guarantees given by the Organizer and the intermediary Travel Agent, who, in case of travels abroad and travels inside a single country, insure, in case of insolvency or failure of the
intermediary or the organizer, the reimbursement 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 that, on behalf of Organizer, is entitled to perform the guarantee, will be indicated in the catalog of the Tour Operator or travel programs and in the statement or booking confirmation, of the services
required by the tourist/travelers.
For the contracts of sale of tourist packages stipulated by 30th June 2016, continues to be applied the discipline of the article 51 of the legislative decree n. 79 of 2011 and following amendments. Claims of refund relevant to the contracts of sale of
tourist packages stipulated by 30th June 2016 must be submitted, under penalty of forfeiture, to the National Fund of Guarantee set up at the General Directorate of Tourism of MIBACT,
within three months from the date when the travel is concluded or should have been concluded and are defined until the limit of capacity of the Fund, whose liquidating management is insured by the competent Administration.
22. OPERATIVE MODIFICATIONS
In view of the advance of the publication of the catalogs that report the information relevant to the mode of fruition of the services, it is noted that the times and the routes of the flights indicated in the acceptance of the sale proposal of the services
might be subject of variations because they are subject of subsequent validation. At this scope, the tourist/traveler shall ask for confirmation of the services to their Agency before the departure.
The Organizer shall inform the passengers about the identity of the actual carriage/s in the times and with the modes provided by the article 11 of the Regulation CE 2111/2005. (recalled in the article 5).
GENERAL CONDITIONS OF SALE OF SINGLE TOURIST SERVICES
A) REGULATORY PROVISIONS
The contracts having as object the offer of only the service of transportation, of only the service of accommodation, or any other separate tourist service, cannot be considered as negotiating travel organization or tourist package, are disciplined in
the following provisions of the CCV: article 1, n. 3 e n. 6; articles from 17 to 23; articles from 24 to 31 (limited to the parts of these provisions that do not refer to the organization contract), as well as other agreements specifically referred to the sale
of the single service that is object of the contract. The seller that undertakes to provide to third parties, even telematically, an unbundled tourist service, is entitled to give to the tourist the documents relevant to this service, which report the sum paid
for the service and that cannot be considered in any way as travel organizer.
B) CONTRACT CONDITIONS
To these contracts are also applicable the following clauses of the above mentioned general conditions of sale of tourist packages: article 6 paragraph 1; article 7 paragraph 2; article 13; article 18. The application of these clauses does not
absolutely determine the configuration of such services as object of tourist package. The terminology of the mentioned clauses relevant to the contract of the tourist package (organizer, travel, etc.) is therefore understood with reference to the
corresponding figures of the contract of sale of single tourist services (seller, accommodation, etc.).
DISCLOSURE STATEMENT PURSUANT TO ARTICLE 13 OF LEGISLATIVE DECREE 196/2003 and subsequent amendments
The processing of personal data, whose contribution is necessary for the conclusion and execution of the contract, is made with full respect of the legislative decree 196/2003, on paper or digital form. The data will be disclosed only to the providers
of the services included in the tourist package. The customer can in any way exercise their rights pursuant to the article 7 legislative decree 196/2003 by contacting the data controller: name of the company; headquarters, tax data; indication of the
name of the administrator and e-mail address.