General terms and conditions of Caravantours Soc. Coop.

The organiser and the intermediary of the tourist package, to which the traveller applies, must be qualified to exercise their respective activities according to current legislations, including regional or municipal, according to their respective competences.
Before the conclusion of the contract, the Organiser and the intermediary make known to third parties the insurance policy for the coverage of risks deriving from professional civil liability. Additionally, they also need to inform third parties about other optional or compulsory insurance policies, to cover travellers from events which may affect the performance of the holiday. These include trip cancellation, medical expense coverage, early returns, loss or damage to luggage, as well as the details of the guarantee against risks of insolvency or bankruptcy of the organiser and intermediary. Each within its competence, for the purpose of returning the paid sum or to take the traveller back to the place of departure, in cases where transport service is included in the the tourist package.
Pursuant to art. 18, paragraph VI, of the Tourist Code, the use of words for business name or trading name purposes: “travel agency”, “tourism agency”, “tour operator”, “travel mediator” or other words and phrases, even in a foreign language, of a similar nature, is allowed only to the qualified companies referred to in the first paragraph.

In the tourist package sale contract the following is understood to mean:
a) professional: any natural or legal public or private person who, in the context of their commercial, industrial, craft or professional activity in organised tourism contracts, also acts, through another person acting on their behalf or on their account, as an organiser, seller, professional facilitating related tourist services or tourism service provider, in accordance with the legislation referred to in the Tourism Code;
b) organiser: a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the traveller to another professional;
c) seller: the professional, other than the organiser, who sells or offers for-sale packages combined by an organiser;
d) traveller: anyone who intends to conclude a contract, or stipulates a contract, or is authorised to travel on the basis of a contract concluded, within the scope of the law on organised tourism contracts;
e) establishment: the establishment defined by article 8, letter e), of Italian Legislative Decree 26 March 2010, no. 59;
f) durable support: any tool which allows the traveller or professional to store the information which is personally addressed to them in order to access it in the future for a period of time appropriate to the purpose for which it is intended and which allows the identical reproduction of the information stored;
g) unavoidable and extraordinary circumstances: situations outside the control of the party who invokes such a situation and whose consequences would not have been avoided, even by putting in place all the reasonable measures;
h) lack of conformity: a non-fulfilment of the tourist services included in a package;
i) point of sale: any premises, mobile or immovable, used for retail sale or website retail or similar online sales tools, even if retail websites or online sales tools are presented to travellers as a single tool, including telephone service;
l) repatriation: the return of the traveller to the place of departure or to another place agreed by the contracting parties;
m) where used in the contract, the term ‘traveller’ can also be used to identify the ‘contractor’, even if a person different from the actual user of the trip, i.e. the subject who assumes the obligations inherent in and consequent to the signing of the contract, even in the name of and on behalf of third parties.

The tourist package is the combination of at least two different types of tourist services, such as: 1. passenger transport; 2. accommodation which is not an integral part of passenger transport and is not intended for residential purposes or for long-term language courses; 3. car rental, other vehicles or motor vehicles requiring a category A driving licence; 4. any other tourist service which does not form an integral part of one of the tourist services referred to in numbers 1), 2) or 3), and is not a financial or insurance service, for the purposes of the same trip or holiday, if at least one of the following conditions is verified:
1) these services are combined by a single professional, even at the request of the traveller or in accordance with their selection, before a single contract is concluded for all services;
2) these services, even if concluded with separate contracts with individual suppliers, are:
2.1) purchased at a single point of sale and selected before the traveller consents to payment;
2.2) offered, sold or billed at a flat or global price;
2.3) advertised or sold under the designation “package” or similar name;
2.4) combined after the conclusion of a contract with which the trader allows the traveller to choose between a selection of different types of tourist services or services purchased from different professionals.

Contracts relating to the offer of only the transport service, only the service of stay, or any other separate tourist service, cannot be configured as a case of negotiation of travel arrangements or tourist packages, do not enjoy the protections provided in favour of travellers by Italian Legislative Decree 62/2018 (which has implemented the EU Directive 2015/2302).
On the other hand, the other general conditions of sale set forth herein are applicable without setting up, in any case, a type of tourist package.
These are not package tours, therefore the combinations of travel services under Art. 33 par. 2 of Italian Legislative Decree no. 62/2018 are considered single services.

Bookings will be accepted until all available places are filled. They will be considered valid only if confirmation is followed immediately by an advance payment of 25% of the total cost of the holiday. The balance must be paid no later than 20 days before the starting date of the holiday. Failure to pay the above sums by the envisaged dates constitutes an explicit termination clause, such as to entitle Caravantours to rightfully terminate the contract.

In the case of cancellation of the travel contract, Caravantours will apply the following penalties in addition to fees and expenses incurred by the cancellation of services:
- 30% of the total cost for cancellations reaching the organizing agency no later than 40 days before the date on which booked services are to commence;
- 50% of the total cost for cancellations reaching the organizing agency no later than 30 days before the date on which booked services are to commence;
- 75% of the total cost for cancellations reaching the organizing agency no later than 16 days before the date on which booked services are to commence;
- no refunds will be made after the above date.
Generally, the cancellation of group bookings is subject to the cancellation charges indicated above. However, the cancellation of any booked service (hotels, restaurants, guides.etc.) may be subject to different cancellation charges, in the event of public holidays, fairs and demonstrations held in a certain city or country.
From the indication of the penalty percentage indicated above, trips which include the use of flights are excluded. In these cases the conditions relating to cancellation penalties are deregulated and much more restrictive and are previously indicated when listing the travel package.
Caravantours will be responsible for communicating the extent of such penalties at the time of the offer.
In case the stay is interrupted, there will be no reimbursement, unless the group is able to present a specific declaration by the hotel management or other provider of the reserved services for consent to reimbursement, for services not used. This procedure must be followed without fail and the organizing agency will reimburse only the amount authorized by the hotel, after having detracted any applicable agency fees.

The number of participants must be communicated with the utmost precision. Significant decreases relative to the number of participants can determine tariff and performance adjustments. Furthermore, a lack of arrivals with respect to the last rooming list transmitted could determine the application of the “no show” penalty (up to 100%).

The purchasers of the tourist package has the right to withdraw from the contract without incurring penalties of any kind in the following circumstances:
– Increase in the price of the booked holiday greater than 8%;
– in case of unavoidable and extraordinary circumstances (art.3 c. g) which occur at the place of destination or in its immediate vicinity, which have a substantial impact on the execution of the package or on the transportation of passengers to the destination, the traveller has the right to withdraw from the contract, before the start of the package, without paying withdrawal expenses, and to full reimbursement of the payments made for the package, but not additional compensations;
– significant changes to one or more elements of the contract, which are objectively configurable as fundamental for the purpose of using the package as a whole, considered and proposed by the organiser after the conclusion of the contract but before departure and which are not accepted by the traveller.
With reference to this, it is specified that contracting party must inform Caravantours in writing of their decision to accept or withdraw from the contract within 2 (two) working days from receipt of the proposed modification.
In the case of withdrawal, contracting party will have the right to receive reimbursement of any money already paid or, alternatively, to be offered another holiday of equivalent quality. Caravantours Soc. Coop. may withdraw from the tourism package contract and offer the traveller full reinbursement of the payments made for the package, but is not required to pay additional compensation if:
– the number of people registered in the package is less than the minimum specified in the contract and the organiser communicates the withdrawal from the contract to the traveller within the time limit set in the contract. All this no later than twenty days before the start of the package in case of journeys lasting more than six days, seven days before the start of the package for journeys lasting two to six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;
– Caravantours Soc. Coop. is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal from the contract to the traveller without undue delay before the start of the package.
In the aforesaid cases, the termination of the functionally-related contracts stipulated with third parties is determined.

Caravantours shall have the right to substitute hotels and/or localities with others of similar characteristics should this be made necessary by unforeseen circumstances. Pursuant to Art. 7 of these General Conditions, contracting party must notify Caravantours in writing of their choice (whether to accept the proposed change or to withdraw from the contract) no later than 2 (two) working days after the receipt of the proposal. If the tourist refuses the proposed modification, he/she may withdraw from the contract without paying a penalty, and has the rights envisaged in Art. 40 of the Tourism Code.

Any failure in the performance of the contract must be challenged by the traveller during the trip by means of timely submission of a complaint, so that the organiser, their local representative or the accompanying person can verify the merit of what the traveller claims.
The traveller must also - under penalty of forfeiture - file a complaint by sending a registered letter to the organiser or via registered email to [email protected] with acknowledgement of receipt, no later than ten working days from the date of return to the point of departure. Since the compilation of the catalogue is made well in advance of the actual provision of services, Caravantours cannot be held responsible in any way should any changes, compared to the description made, had in the meantime happened with regard to collateral services. It should also be noted that the sports and recreational facilities, such as the swimming pool, the disco, the market, entertainment, the miniclub, sports courses and similar, may not be available, if poor weather conditions or the low number of guests do not justify their operation, nor can a refund be claimed for such non-availability.

Beyond the obligation to provide timely notification for lack of conformity, as provided for in art. 11 paragraph 2, travellers must comply with the following obligations:
1. Please refer to what is indicated on the State Police website, for rules regarding the expatriation of minors. It is, however, specified that minors must be in possession of a valid personal document before travelling abroad or a passport or, for EU countries, also a valid identity card for expatriation. With regard to going abroad for children under 14 and for those for whom authorisation issued by the judicial authority is necessary, it is important to comply with requirements indicated on the State Police website http://www.poliziadistato.it/articolo/191.
2. foreign nationals must obtain the corresponding information through their diplomatic representations present in Italy and/or the respective official government information channels. In any case, before departure, travellers need to check updates with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the telephone operations centre at 06.491115) organising themselves before the trip. In the absence of such check, no responsibility for missed departure of one or more travellers may be imputed to the intermediary or to the organiser.
3. in any case, travellers must inform the intermediary and the organiser of their citizenship at the time of booking the tourist package or tourist service and, at the time of departure, they must definitely check that they have the vaccination certificates, the individual passport and any other document valid for all countries affected by the itinerary, as well as residence visas, transit visas and health certificates which may be required.
4. moreover, in order to evaluate the socio-political, health and other useful information concerning the destination countries and, therefore, the objective usability of the services purchased or those to be purchased, the traveller will have the obligation to find the official information of a general nature from the Minister for Foreign Affairs, which are disseminated through the Farnesina institutional website www.viaggiaresicuri.it.
The information above is not contained in the online or paper catalogues of the Tour Operator, since they contain general descriptive information as indicated in article 34 of the Tourism Code and information which does not change temporally. The same must therefore be assumed by the travellers.
5. if on the booking date the destination chosen is, according to the institutional information channels, a location subject to “warning” for security reasons, the traveller who subsequently exercises the withdrawal cannot invoke, for the purpose of exempting the reduction of the compensation request for the termination made, the termination of the contractual cause related to the country’s safety conditions.
6. Travellers shall also comply with the rules of normal care and diligence and with the specific rules in force in the countries of destination, with all information provided to them by the organiser, as well as with regulations, administrative or legislative provisions relating to tourist packages. Travellers are liable for any damage, including the expenses necessary for their repatriation, which the organiser and/or the intermediary have to suffer as a consequence of failure to comply with the above-mentioned obligations.
7. the traveller is obliged to provide the organiser with all documents, information and elements useful for exercising the right of subrogation of the latter against third parties responsible for the damage and is responsible towards the organiser for the prejudice caused to the right of subrogation.
8. the traveller will also communicate in writing to the organiser, at the time of the proposal for the purchase of a tourist package, and therefore before sending booking confirmation of the services offered by the organiser, the specific personal requests which may be the subject of specific agreements regarding travel arrangements, provided that it is possible to implement them and in any case for them to be subject to a specific agreement between the traveller and the Organiser.
The traveller is always required to inform the Seller and the Organiser of any special needs or conditions (pregnancy, food intolerance, disability, etc.) and to explicitly specify the request for related personalised services. The traveller declares and acknowledges to take full responsibility for the work performed by the Travel Agency selected by him/her in relation to the information received, upon delivery of the documents. Furthermore, the traveller is responsible for the correct and timely payment of the amount due, to Caravantours Soc. Coop. for tourist services that have been booked/purchased from them. In case of non-payment, Caravantours Soc. Coop. will have the right to terminate the travel contract by law, by sending a simple written communication to the Intermediary Travel Agency.

All prices are inclusive of VAT and service commissions. In case of VAT increases, prices must be altered. Prices do not include drinks, extras in general, tips, admission charges, insurance cover and tourist taxes, which must be paid directly by contracting party to the hotel.

As a guarantee of the total fulfilment of its obligations towards contracting parties Caravantours has stipulated a specific insurance policy with Assicurazioni Nobis policy N. 203432535, pursuant to Art. 47 of the Tourism Code.

The tourist package organisation contracts are backed by suitable guarantees given by the organiser and the intermediary travel agent which. In cases of insolvency or bankruptcy of the intermediary or the organiser, they guarantee the reimbursement of the price paid for the purchase of the tourist package and to take the traveller back to the place of departure (in cases where transport service is included in the the tourist package).
To this end, Caravantours Soc. Coop. has stipulated a specific insurance policy with Assicurazioni Nobis policy N. 203432548.

In compliance with current laws of privacy, Caravantours guarantees the maximum confidentiality of data provided. These will be treated in compliance with Legislative Decrees 196/2003 and 101/2018 and pursuant to art. 13-14 of EU Regulation 2016/679 known as the General Data Protection Regulation (GDPR).

Any other matters not expressly covered by the above General Conditions shall be governed by the legislation refered to in section 1.

In the case of legal disputes, the court having jurisdiction will be that of Rimini, Italy.