General Terms and Conditions for the Sale of Package Holidays

1. CONTENT OF THE PACKAGE TRAVEL SALES CONTRACT 
2. 12. SUBSTITUTIONS AND BOOKING CHANGES 
3. 1. LEGISLATIVE SOURCES 
4. 13. TRAVELLERS' OBLIGATIONS 
5. 2. ADMINISTRATIVE REGIME
6. 14. HOTEL CLASSIFICATION 
7. 3. DEFINITIONS 
8. 15. LIABILITY REGIME 
9. 4. DEFINITION OF A PACKAGE HOLIDAY
10. 16. LIMITS OF COMPENSATION AND LIMITATION PERIODS 
11. 5. CONTENT OF THE CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED
12. 17. CONTACTING THE ORGANISER THROUGH THE RETAILER 
13. 6. INFORMATION FOR THE TRAVELLER - TECHNICAL DATA SHEET
14. 18. DUTY TO PROVIDE ASSISTANCE 
15. 7. PAYMENTS
16. 19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS 
17. 8. PRICE OF THE PACKAGE HOLIDAY
18. 20. ALLIANZ GLOBAL ASSISTANCE INSURANCE
19. 9. CHANGES TO OR CANCELLATION OF THE PACKAGE HOLIDAY BEFORE DEPARTURE
20. 21. ALTERNATIVE DISPUTE RESOLUTION
21. 10. WITHDRAWAL 
22. 22. GUARANTEES FOR THE TRAVELLER - ASTOI TRAVELLER PROTECTION FUND (art. 47 Tourism Code)
23. 11. ORGANISER'S LIABILITY FOR IMPROPER PERFORMANCE AND SUPERVENING IMPOSSIBILITY DURING PERFORMANCE – TRAVELLER'S OBLIGATIONS – TIMELINESS OF COMPLAINTS 
24. 23. OPERATIONAL CHANGES 

CONTENT OF THE PACKAGE TRAVEL SALES CONTRACT

In addition to the general conditions set out below, the description of the package holiday contained in the catalogue, or in the separate travel programme, together with the booking confirmation of the services requested by the traveller, form an integral part of the travel contract. The confirmation is sent by the tour operator to the traveller or to the travel agency acting as the traveller's agent, and the traveller is entitled to receive it from the agency. When signing the package holiday purchase proposal, the traveller must bear in mind that it deems read and accepted, on their own behalf and on behalf of the persons for whom they are requesting the all-inclusive service, the package travel contract as governed therein, the notices it contains and these general conditions.

1. LEGISLATIVE SOURCES

The sale of package holidays involving services to be provided in Italy or abroad is governed by the Tourism Code, specifically by Articles 32 to 51- novies as amended by Legislative Decree no. 62 of 21 May 2018, transposing and implementing EU Directive 2015/2302, and by the provisions of the Italian Civil Code on transport and agency, insofar as applicable.

2. ADMINISTRATIVE REGIME

The organiser and the retailer of the package holiday to whom the traveller turns must be authorised to carry out their respective activities under the legislation in force, including regional or municipal legislation, given the specific competence. Before the conclusion of the contract, the organiser and the retailer must inform third parties of the details of the insurance policy covering the risks arising from professional civil liability, as well as the details of the other optional or compulsory guarantee policies protecting travellers against events that may affect the taking or performance of the holiday, such as trip cancellation, or cover for medical expenses, early return, loss of or damage to luggage, together with the details of the guarantee against the risk of insolvency or bankruptcy of the organiser and, in the case of intermediated sales, of the retailer, given the latter's receipt of the sums paid by travellers towards the price of the package holiday - for the purpose of refunding the sums paid or repatriating the traveller to the place of departure where the package holiday includes transport.

3. DEFINITIONS

1) travel service:

a) the carriage of passengers;

b) accommodation which is not intrinsically part of the carriage of passengers and is not for residential purposes, or related to long-term language courses;

c) the rental of cars, of other motor vehicles within the meaning of Article 3, point 11), of Directive 2007/46/EC of the European Parliament and of the Council, or of motorcycles requiring a category A driving licence;

d) any other travel service not intrinsically part of a travel service within the meaning of points a), b) or c);

2) package: a combination of at least two different types of travel services referred to in point 1) for the purpose of the same trip or holiday, under the conditions set out in Article 4 below;

3) package travel contract: the contract covering all the travel services included in the package.

4) start of the package: the beginning of the performance of the travel services included in the package;

5) trader: any natural person or any legal person, whether publicly or privately owned, who, in the context of their trade, business, craft or profession in organised travel contracts, acts, including through any person acting in their name or on their behalf, as organiser, retailer, trader facilitating linked travel arrangements or travel service provider, within the meaning of the provisions of the Tourism Code;

6) organiser: a trader who combines packages and sells or offers them for sale, either directly or through or together with another trader, or the trader who transmits the traveller's data to another trader;

7) retailer: a trader other than the organiser who sells or offers for sale packages combined by an organiser; d) traveller, any person who is seeking to conclude a contract, or concludes a contract, or is entitled to travel on the basis of a contract concluded, within the scope of the law on organised travel contracts;

8) establishment: the establishment defined in Article 8, letter e), of Legislative Decree no. 59 of 26 March 2010;

9) durable medium: any instrument which enables the traveller or the trader to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; 10) unavoidable and extraordinary circumstances: a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;

11) lack of conformity: a failure to perform, or improper performance of, the travel services included in a package;

12) point of sale: any retail premises, whether movable or immovable, or a retail website or similar online sales facility, including where retail websites or online sales facilities are presented to travellers as a single facility, including a telephone service;

13) repatriation: the traveller's return to the place of departure or to another place agreed by the contracting parties.

14) traveller: any person who is seeking to conclude a contract, or concludes a contract, or is entitled to travel on the basis of a contract concluded, within the scope of the law on organised travel contracts;

4. DEFINITION OF A PACKAGE HOLIDAY

A package holiday is defined as follows: a combination of at least two different types of travel services referred to in point 1) of Article 3 above for the purpose of the same trip or holiday, if:

a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or

b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are:

I) purchased from a single point of sale and those services have been selected before the traveller agrees to pay;

II) offered, sold or charged at an inclusive or total price;

III) advertised or sold under the term “package” or under a similar term;

IV) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services; or

V) purchased from separate traders through linked online booking processes where the traveller's name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders, and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.

2. A combination of travel services where not more than one type of travel service referred to in point 1) of Article 3, letters a), b) or c), is combined with one or more of the travel services referred to in point 1) of Article 3, letter d), is not a package if the latter services:

a) do not account for 25% or more of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the combination; or

b) are selected and purchased only after the performance of a travel service referred to in point 1) of Article 3, letters a), b) or c), has started.

5. CONTENT OF THE PACKAGE TRAVEL CONTRACT - PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED

1. At the conclusion of the package travel contract or, in any event, as soon as possible, the organiser or the retailer provides the traveller with a copy or confirmation of the services covered by the contract on a durable medium (e-mail) containing the booking confirmation of the services and/or the statement of account.

2. The traveller is entitled to a paper copy of the booking confirmation and/or statement of account where the package travel contract has been concluded in the simultaneous physical presence of the parties.

3. In the case of off-premises contracts, as defined in Article 45, paragraph 1, letter h), of Legislative Decree no. 206 of 6 September 2005, a copy or confirmation of the package travel contract is provided to the traveller on paper or, if the traveller agrees, on another durable medium.

4. The contract constitutes entitlement to access the guarantee fund referred to in Article 22 below.

5. The standard information form, as provided for by Legislative Decree no. 62 of 21 May 2018, is available at the following link: www.guinesstravel.com

6. INFORMATION FOR THE TRAVELLER - TECHNICAL DATA SHEET

1. Before the conclusion of the package travel contract or any corresponding offer, the organiser and the retailer provide the traveller with the relevant standard information form set out in Annex A, Part I or Part II, of the Tourism Code, as well as the following information:

a) the main characteristics of the travel services, such as:

1) the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;

2) the means, characteristics and categories of transport, the points, dates and times of departure and return, the duration and places of intermediate stops and transport connections; where the exact time is not yet determined or known, the organiser and, where applicable, the retailer inform the traveller of the approximate times of departure and return;

3) the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;

4) the meals provided, whether included or not;

5) visits, excursions or other services included in the total price agreed for the package;

6) the travel services provided to the traveller as a member of a group and, if so, the approximate size of the group;

7) the language in which the services are provided;

8) whether the trip or holiday is suitable for persons with reduced mobility and, at the traveller's request, precise information on the suitability of the trip or holiday taking into account the traveller's needs. Special requests concerning the manner of provision and/or performance of certain services forming part of the package holiday, including the need for assistance at the airport for persons with reduced mobility, or requests for special meals on board or at the place of stay, must be made at the time of the booking request and be the subject of a specific agreement between the traveller and the organiser, where appropriate also through the travel agency acting as the traveller's agent;

b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone numbers and e-mail addresses;

c) the total price inclusive of the travel services making up the package, of insurance and/or financial services, of taxes and of all fees, charges and other additional costs, such as administrative and file handling charges. Where certain costs cannot reasonably be calculated before the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear.

d) the arrangements for payment, including any amount or percentage of the price to be paid as a deposit and the timetable for payment of the balance, or the financial guarantees to be paid or provided by the traveller;

e) the minimum number of persons required for the package and the time limit, referred to in Article 41, paragraph 5, letter a) of the Tourism Code, before the start of the package for the possible termination of the contract if that number is not reached;

f) general information on passport and/or visa requirements, including approximate periods for obtaining visas, and on the health formalities of the country of destination;

g) information on the traveller's right to withdraw from the contract at any time before the start of the package in return for payment of an appropriate withdrawal fee or, where applicable, the standard withdrawal fees requested by the organiser under Article 41, paragraph 1 of Legislative Decree 79/2011 and specified in Article 10 below;

h) information on optional or compulsory insurance to cover the cost of the traveller's unilateral withdrawal from the contract, or the cost of damage to or loss of luggage during transport and/or of personal assistance, including repatriation, in the event of accident, illness or death;

i) the details of the cover referred to in Article 47, paragraphs 1, 2 and 3 of Legislative Decree 79/2011.

2. In addition, before the start of the trip, the organiser and the retailer inform the traveller of the identity of the operating air carrier, where not known at the time of booking, pursuant to Article 11 of EC Regulation 2111/05 (Article 11, paragraph 2 of EC Regulation 2111/05: “If 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 of the air carrier or carriers likely to operate as the operating air carrier for the flight or flights concerned. In that 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 their identity is established and of any operating ban within the European Union”).

TECHNICAL DATA SHEET

Technical organisation: GUINESS TRAVEL Tour Operator. 

Licence: Molise Region Decree no. 2420 of 24/10/1988. 

Third-party and employer's liability insurance policy (R.C.T.-R.C.O.) AXA no. 400067360.

GUINESS TRAVEL TOUR OPERATOR, SCOPRI L’ITALIA by Guiness, SCOPRI L’EUROPA By Guiness, SCOPRI IL MONDO by Guiness and IL VIAGGIO GUINESS are trademarks owned by Guiness Travel S.p.A.

Website www.guinesstravel.com – www.guinesstravel.it

E-mail info@guinesstravel.it

7. PAYMENTS 

1. At the time of booking, or at the time of the binding request for the package holiday, the booking or file handling fee must be paid, together with a deposit equal to 25% of the price of the package holiday published in the catalogue or in the package quotation provided by the organiser, and any amount due for insurance cover. The balance must be paid, without exception, no later than 30 days before departure.

2. For bookings made after the date indicated as the deadline for payment of the balance, the full amount must be paid when the purchase proposal is signed.

3. Failure by the organiser to receive the sums indicated above by the dates set, as well as failure to remit to the tour operator the sums paid by the traveller to the retailer, will result in the automatic termination of the contract, to be communicated by simple written notice, by fax or e-mail, to the selling agency or to the traveller's address, including their electronic address where provided, without prejudice to any guarantee actions under Article 47 of Legislative Decree 79/2011 that the traveller may bring against the retailer. Payment is accordingly deemed to have been made when the sums have reached the organiser. It is therefore the traveller's responsibility to verify that the retailer, chosen as their agent for the purchase of the package holiday, meets the legal requirements and specifically holds the guarantee against the risk of insolvency or bankruptcy.

8. PRICE OF THE PACKAGE HOLIDAY

The price of the package holiday is determined in the contract, with reference – where present – to what is indicated in the catalogue or off-catalogue programme and to any subsequent updates to those catalogues or off-catalogue programmes, or on the operator's website.

It may be varied, upwards or downwards, only as a consequence of changes in:

- transport costs, including the cost of fuel;

- duties and taxes relating to air transport, landing charges, and disembarkation or embarkation fees at ports and airports;

- exchange rates applied to the package in question.

Such variations will be based on the exchange rates and prices in force up to – at most – 21 days before departure, compared with those indicated in the technical data sheet of the catalogue, or in any updates to the technical data sheet published on the websites.

In any event, the price may not be changed in the 20 days preceding departure, and the revision may not exceed 8% of the original price.

In the event of a price decrease, the organiser is entitled to deduct the actual administrative and file handling expenses from the refund due to the traveller, and must provide evidence of those expenses at the traveller's request.

The price is made up of:

a) booking fee or file handling fee;

b) participation fee: as stated in the catalogue or in the package quotation provided to the retailer or, in the case of direct sales, to the traveller;

c) cost of the ALLIANZ GLOBAL ASSISTANCE insurance policy against cancellation risks and/or medical expenses, or other services requested;

d) cost of any visas and entry and exit taxes for the countries visited;

e) airport and/or port charges and taxes;

f) any administrative charges for revising/changing the booking.

9. CHANGES TO THE PACKAGE HOLIDAY BEFORE DEPARTURE

1. The tour operator reserves the right to unilaterally change the terms of the contract, other than the price, where the change is insignificant. The traveller is informed in a clear and precise manner on a durable medium, such as e-mail. In urgent cases, the communication may also be made verbally.

2. If, before departure, the organiser needs to significantly change one or more of the main characteristics of the travel services referred to in Article 34, paragraph 1, letter a), or cannot fulfil the specific requests made by the traveller and already accepted by the organiser, or proposes to increase the price of the package by more than 8%, the traveller may accept the proposed change or withdraw from the contract without paying any withdrawal fee.

3. Where the traveller does not accept the proposed change referred to in paragraph 2 and exercises the right of withdrawal, the organiser may offer the traveller a substitute package of equivalent or higher quality. 

4. The organiser informs the traveller by e-mail, without undue delay and in a clear and precise manner, of the proposed changes referred to in paragraph 2 and of their impact on the price of the package pursuant to paragraph 6. In urgent cases, the communication may also be made verbally.

5. The traveller communicates their decision to the organiser or the intermediary within two working days of receiving the notice referred to in paragraph 1. If no communication is received within that period, the organiser's proposal is deemed accepted. In urgent cases, the traveller's reply must be given within a reasonable period.

6. If the changes to the package travel contract or to the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveller is entitled to an appropriate price reduction.

7. In the event of withdrawal from the package travel contract pursuant to paragraph 2, and if the traveller does not accept a substitute package, the organiser refunds, without undue delay and in any event within 14 days of the withdrawal from the contract, all payments made by or on behalf of the traveller, and the traveller is entitled to compensation for the non-performance of the contract, except in the following cases:

a. No compensation is due for the cancellation of the package holiday where the cancellation is due to the failure to reach the minimum number of participants that may be required (minimum 10 persons); 

b. No compensation is due for the cancellation of the package holiday where the organiser proves that the lack of conformity is attributable to force majeure or unforeseeable events.

c. Likewise, no compensation is due for the cancellation of the package holiday where the organiser proves that the lack of conformity is attributable to the traveller or to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable, or is due to unavoidable and extraordinary circumstances.

8. For cancellations other than those referred to in paragraph 7, letters a), b) and c), the organiser who cancels will refund the traveller a sum equal to twice the amount paid by the traveller and actually received by the organiser through the travel agent.

9. The sum to be refunded under paragraph 8 will never exceed twice the amounts that the traveller would owe on the same date under Article 10, paragraph 3, had the traveller been the one to cancel.

10. WITHDRAWAL 

A) BY THE TRAVELLER

1. In addition to the cases provided for in the preceding article, the traveller may also withdraw from the contract without paying any penalty in the following circumstances:

a) a price increase exceeding 8%; a significant change to one or more elements of the contract that can objectively be regarded as fundamental to the enjoyment of the package holiday considered as a whole (excluding a change to only one part of the entire itinerary), proposed by the organiser after the conclusion of the contract but before departure and not accepted by the traveller; the impossibility of fulfilling the specific requests made by the traveller and already accepted by the organiser.

In the above cases, the traveller may: accept the alternative proposal, where made by the organiser, or request the refund of the sums already paid. Such refund must be made within the statutory period indicated in the preceding article.

b) In the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package (excluding, by way of example, curfews imposed by the local authorities at night) or the carriage of passengers to the destination, the traveller is entitled to withdraw from the contract before the start of the package without paying any withdrawal fee, and to a full refund of the payments made for the package, but is not entitled to additional compensation. In this regard, it is further specified that the following are not considered unavoidable and extraordinary circumstances: any obligation to wear a face mask outdoors; the obligation to take Covid-19 tests to access museums or restaurants; the obligation to maintain social distancing, etc.

2. Apart from the circumstances listed in paragraph 1, a traveller who withdraws from the contract before departure for any reason, including unforeseen or supervening reasons, or for those provided for in Article 9, paragraph 2, will be charged – irrespective of the payment of the deposit referred to in Article 7, paragraph 1 – the individual file handling fee, any premium for insurance cover already requested at the time of conclusion of the contract or for other services already rendered, and the penalty in the amount indicated below, subject to any more restrictive conditions – linked to high-season periods or full occupancy of the facilities – which will be communicated to the traveller at the quotation stage and therefore before the conclusion of the contract:                                         

1. Withdrawal up to 30 days [*] before departure      10%
2. Withdrawal from 29 to 21 [*] days before departure   20%
3. Withdrawal from 20 to 07 [*] days before departure   50%
4. Withdrawal from 06 to 00 [*] days before departure   100%

* working days (Saturdays, public holidays, the day on which the cancellation is notified and the day of departure of the tour are excluded from the calculation)

Maximum sum insured 

The maximum sum insured under the cancellation cover is €16,000.00 per person and €60,000.00 per booking.

3. Cancellation must be notified in writing. For all arrangements, no refund will be granted to anyone who fails to show up at departure or who withdraws during the trip, nor will any refund be due to anyone unable to travel because of missing or incorrect personal documents required for travel abroad. A participant who withdraws may be replaced by another person provided that notice is received in time for the changes to be made, in any event at least 7 days before departure, and provided that there are no obstacles relating to documents, hotel accommodation and/or air ticketing. 4. The fact that the subjective circumstance preventing the traveller from taking the holiday is not attributable to them (for example: illness, cancellation of leave, loss of employment, etc.) does not entitle them to withdraw without penalty, which the law provides for only in the case of objective circumstances verifiable at the holiday destination as referred to in paragraph 2, or in the cases referred to in paragraph 1. The financial consequences of cancelling the contract for circumstances within the traveller's personal sphere, even if not attributable to them, can be avoided by taking out a specific insurance policy, where this is not made compulsory by the organiser.

B) BY THE ORGANISER

5. The organiser may withdraw from the package travel contract and offer the traveller a full refund of the payments made for the package, but is not liable to pay additional compensation if:

- the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the withdrawal from the contract within the period fixed in the contract, and in any event no later than twenty days before the start of the package in the case of trips lasting more than six days, seven days before the start of the package in the case of trips lasting between two and six days, or forty-eight hours before the start of the package in the case of trips lasting less than two days;

- the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the withdrawal from the contract without undue delay before the start of the package.

6. The organiser makes all refunds required under the preceding paragraphs without undue delay and in any event within 14 days of the withdrawal. In the cases referred to in Article 41, paragraphs 4 and 5, of the Tourism Code, the functionally linked contracts concluded with third parties are terminated.

7. In the case of off-premises contracts, the traveller is entitled to withdraw from the package travel contract within five days of the date of conclusion of the contract or of the date on which they receive the contractual terms and pre-contractual information, if later, without penalty and without giving any reason. In the case of offers with prices significantly lower than competing offers, the right of withdrawal is excluded. In the latter case, the organiser documents the price variation, adequately highlighting the exclusion of the right of withdrawal.

8. In the case of distance contracts, as defined in Article 45, paragraph 1, letter g) of the Consumer Code, the right of withdrawal is excluded pursuant to Article 47, paragraph 1, letter g) of the Consumer Code.

11. ORGANISER'S LIABILITY FOR IMPROPER PERFORMANCE AND SUPERVENING IMPOSSIBILITY DURING PERFORMANCE – TRAVELLER'S OBLIGATIONS – TIMELINESS OF COMPLAINTS 

1. The organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether those travel services are to be performed by the organiser itself, by its auxiliaries or agents acting in the exercise of their functions, by third parties whose services it uses, or by other travel service providers pursuant to Article 1228 of the Italian Civil Code.

2. In accordance with the duties of fairness and good faith under Articles 1175 and 1375 of the Italian Civil Code, the traveller informs the organiser, directly or through the retailer, without undue delay and taking into account the circumstances of the case, of any lack of conformity found during the performance of a travel service included in the package travel contract.

3. If any of the travel services are not performed in accordance with the package travel contract, the organiser remedies the lack of conformity, unless that is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. If the organiser does not remedy the lack of conformity, the traveller is entitled to a price reduction and to compensation for any damage sustained as a result of the lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller or to a third party unconnected with the provision of the travel services, or is unavoidable or unforeseeable, or is due to unavoidable and extraordinary circumstances.

4. Without prejudice to the exceptions set out above, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller in the complaint made under paragraph 2, the traveller may remedy it personally and request reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if immediate remedy is required, the traveller need not specify a time limit.

5. If a lack of conformity constitutes a non-performance of some significance and the organiser has not remedied it following the traveller's timely complaint, having regard to the duration and characteristics of the package, the traveller may terminate the contract with immediate effect or request – where appropriate – a price reduction, without prejudice to any compensation for damage.

6. If, owing to supervening circumstances not attributable to the organiser, it is impossible during performance to provide a significant proportion, by value or quality, of the combination of travel services agreed in the package travel contract, the organiser offers, at no extra cost to the traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, so that the performance of the package can continue, including where the traveller's return to the place of departure is not provided as agreed. If the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, the organiser grants the traveller an appropriate price reduction. If the obligation to offer alternatives within the stated terms is not fulfilled, paragraph 5 applies.

7. The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the contract or if the price reduction granted is inadequate. Where no alternative arrangement is possible, or where the arrangement proposed by the organiser is rejected by the traveller because it is not comparable to what was agreed in the contract or because the price reduction granted is inadequate, the organiser will provide, at no extra cost, a means of transport equivalent to the one originally planned for the return to the place of departure or to any other place agreed, subject to the availability of transport and seats, and will refund the traveller the difference between the cost of the services planned and that of the services actually provided up to the time of the early return.

12. SUBSTITUTIONS AND BOOKING CHANGES 

1. The traveller may, after giving the organiser notice on a durable medium no later than seven days before the start of the package, transfer the package travel contract to a person who satisfies all the conditions applicable to the use of the service.

2. The transferor and the transferee of the package travel contract are jointly and severally liable for the payment of the balance of the price and of any fees, charges and other additional costs, including any administrative and file handling charges, arising from the transfer.

3. The organiser informs the transferor of the actual costs of the transfer, which do not exceed the costs actually incurred by the organiser as a result of the transfer of the package travel contract, and provides the transferor with evidence of the fees, charges or other additional costs arising from the transfer of the contract. In the case of a travel contract including air transport for which discounted and/or non-refundable tickets have been issued, the transfer may require the issue of new air tickets at the fare available on the date of the transfer.

13. TRAVELLERS' OBLIGATIONS

Without prejudice to the obligation to promptly report any lack of conformity, as provided for in Article 11, paragraph 2, travellers must comply with the following obligations:

1. For the rules on minors travelling abroad, express reference is made to the information on the website of the Italian State Police. In any event, minors must hold a personal document valid for travel abroad, i.e. a passport or, for EU countries, an identity card valid for travel abroad. As regards minors under 14 leaving the country, and those for whom an authorisation issued by the Judicial Authority is required, the instructions on the website of the Italian State Police http://www.poliziadistato.it/articolo/191/ must be followed.

2. Foreign nationals must obtain the corresponding information through their diplomatic representations in Italy and/or their respective official government information channels. In any event, all travellers, Italian and foreign, must check before departure that such information is up to date with the competent authorities (for Italian citizens, the local Police Headquarters (Questura) or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Centre on 06.491115) and comply with it before travelling. In the absence of such verification, no liability for the failure of one or more travellers to depart may be attributed to the intermediary or the organiser.

3. Travellers must in any case inform the intermediary and the organiser of their nationality when requesting the booking of the package holiday or travel service and, at the time of departure, must make absolutely sure that they hold the vaccination certificates required by the laws and regulations in force, an individual passport and any other document valid for all the countries on the itinerary, as well as any residence or transit visas and health certificates that may be required.

4. Furthermore, in order to assess the socio-political, health, climatic and environmental security situation and any other useful information concerning the countries of destination, and therefore the objective usability of the services purchased or to be purchased, the traveller is responsible for obtaining the official general information from the Ministry of Foreign Affairs, published on the Farnesina's institutional website www.viaggiaresicuri.it

The above information is not contained in tour operators' catalogues – online or printed – since these contain general descriptive information as set out in Article 34 of the Tourism Code and not information that changes over time. Such information must therefore be obtained by the travellers themselves. Travellers are also invited to register on the website http://www.dovesiamonelmondo.it. The “dovesiamonelmondo.it” portal allows travellers to record their itinerary and contact details. In an emergency, the Crisis Unit can activate the contacts registered on the portal, making coordination with those in the affected areas faster, more targeted and more effective, and planning any interventions appropriately.

5. Where, on the booking date, the chosen destination is, according to official information channels, a place subject to a security “warning”, a traveller who subsequently withdraws may not invoke the failure of the contractual purpose linked to the country's security conditions in order to be exempted from, or to reduce, the compensation claimed for the withdrawal.

6. Travellers must also observe the rules of ordinary prudence and diligence and the specific rules in force in the countries of destination, all the information provided to them by the organiser, and the regulations and administrative or legislative provisions relating to the package holiday, as well as the rules of diligence and good conduct within the accommodation facilities. Failure to comply with these rules may, at the sole discretion of the hotel management, result in the offender being removed from the facility and, where deemed appropriate, reported to the competent public authorities. Please also note that conditions of illness or alterations, even minor ones, in the traveller's mental state – if not previously reported to and accepted in writing by the tour operator – constitute grounds for removal from the accommodation facility where the guest's stay proves incompatible with compliance with the rules of conduct within the facility. Travellers will be held liable for all damage that the organiser and/or the intermediary may suffer as a result of failure to comply with the above obligations, including the costs necessary for their repatriation.

7. The traveller must provide the organiser with all the documents, information and evidence in their possession that may be useful for the exercise of the organiser's right of subrogation against third parties responsible for the damage, and is liable to the organiser for any prejudice caused to the right of subrogation.

8. Before the conclusion of the contract, the traveller must inform the organiser and/or the retailer in writing – so that feasibility can be verified – of any special needs or conditions (pregnancy, food intolerances, disability, reduced mobility, etc.), at the same time signing the consent form for the processing of special categories of data provided by the organiser. Special personal requests must be the subject of specific agreements between the traveller and the organiser recorded in writing (see Article 6, paragraph 1, letter h), where appropriate also through the travel agency acting as agent. In the absence of such a request and the related consent, it will not be possible to fulfil the contractual obligations. Special requests made after the conclusion of the contract do not bind the organiser to fulfil them, as the contract has already been finalised in accordance with the statement of account/booking confirmation of the services.

9. When requesting the conclusion of the package travel contract, the traveller must provide their personal contact details (e-mail and/or mobile number), taking care to check that the details are correct even if transmitted to the organiser through the retailer, where the sale is intermediated, so as to enable the organiser to fulfil the assistance obligations referred to in Article 18 below, to communicate any changes occurring during the holiday, and to follow up travellers' requests concerning any lack of conformity found. If such contact details are missing or incorrect, the organiser cannot be held liable for delayed or failed intervention. The personal data provided will be deleted upon return from the trip.

14. HOTEL CLASSIFICATION 

The official classification of hotel facilities is provided in the catalogue or other information material solely 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 countries to which the service relates, or in the case of facilities marketed as “Holiday Villages”, the organiser reserves the right to provide in the catalogue or brochure its own description of the accommodation facility, so as to allow the traveller to assess and consequently accept it.

15. LIABILITY REGIME 

The organiser is liable for damage caused to the traveller by the total or partial non-performance of the services contractually due, whether performed by the organiser personally or by third-party service providers, unless it proves that the event was caused by the traveller (including initiatives taken independently by the traveller during the performance of the travel services) or by the unforeseeable or unavoidable act of a third party, by circumstances unconnected with the provision of the services set out in the contract, by unforeseeable events, by force majeure, or by circumstances that the organiser itself could not, with professional diligence, reasonably have foreseen or resolved. The retailer with whom the package holiday was booked is not liable for the obligations relating to the organisation and performance of the trip, but is liable solely for the obligations arising from its role as intermediary and for the performance of the mandate conferred on it by the traveller, as specifically provided for in Article 50 of the Tourism Code, including the guarantee obligations under Article 47.

16. LIMITS OF COMPENSATION AND LIMITATION PERIODS

Compensation under Articles 43 and 46 of the Tourism Code and the related limitation periods are governed by the provisions thereof and, in any event, within the limits laid down by the International Conventions governing the services forming the subject of the package holiday, it being understood that compensation or price reduction granted under the aforementioned articles and compensation or price reduction granted under international regulations and conventions are deducted from each other. Personal injury is not subject to the pre-set limit.

a. The right to a price reduction or compensation for damage arising from changes to the package travel contract or to the substitute package is time-barred after two years from the date of the traveller's return to the place of departure.

b. The right to compensation for personal injury and for a ruined holiday is time-barred after three years from the date of the traveller's return to the place of departure, or after the longer period provided for compensation for personal injury by the provisions governing the services included in the package.

17. CONTACTING THE ORGANISER THROUGH THE RETAILER 

1. The traveller may address messages, requests or complaints concerning the performance of the package directly to the retailer through which it was purchased, which in turn forwards them to the organiser without delay.

2. For the purposes of compliance with time limits or limitation periods, the date on which the retailer receives the messages, requests or complaints referred to in the preceding paragraph is deemed to be the date of receipt by the organiser as well.

18. DUTY TO PROVIDE ASSISTANCE

The organiser provides appropriate assistance without delay to a traveller in difficulty, including in the circumstances referred to in Article 42, paragraph 7, in particular by providing appropriate information on health services, local authorities and consular assistance, and by assisting the traveller in making distance communications and helping them to find alternative travel services.

2. The organiser may charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through their negligence, within the limit of the costs actually incurred.

19. INSURANCE AGAINST CANCELLATION AND REPATRIATION COSTS 

Unless expressly included in the price, it is possible and advisable to take out, at the time of booking at the offices of the organiser or the retailer, special insurance policies covering the costs arising from cancellation of the package, from accidents and/or illness, including repatriation costs, and from loss of and/or damage to luggage.

The rights arising from the insurance contracts must be exercised by the traveller directly against the insurance companies concerned, under the terms and in the manner set out in the policies themselves, as described in the policy conditions published in the catalogues or set out in the brochures made available to travellers at the time of departure.

20. ALLIANZ GLOBAL ASSISTANCE INSURANCE

Insurance ALLIANZ GLOBAL ASSISTANCE

Our tours are insured by Allianz Global Assistance, a trading name of the Allianz Partners group, which operates in Italy under the company name AWP P&C S.A. Rappresentanza Generale per l'Italia, with registered office at Viale Brenta 32 - 20139 Milan.

The description of the insurance offer and all the pre-contractual documentation are available on our website at the following pages:

1. www.guinesstravel.it
2. www.guinesstravel.com

21. ALTERNATIVE DISPUTE RESOLUTION 

Pursuant to and for the purposes of Article 67 of the Tourism Code, the organiser may propose to the traveller – in the catalogue, in the documentation, on its website or in other forms – alternative methods for resolving any disputes that arise. In such cases, the organiser will indicate the type of alternative resolution proposed and the effects of adhering to it.

22. GUARANTEES FOR THE TRAVELLER - ASTOI TRAVELLER PROTECTION FUND   (art. 47 Tourism Code)

Package travel contracts are backed by suitable guarantees provided by the organiser and by the travel agent acting as intermediary in the sale which, for trips abroad and trips taking place within a single country, guarantee, in the event of the insolvency or bankruptcy of the retailer or the organiser, the refund of the price paid for the purchase of the package holiday and the immediate repatriation of the traveller pursuant to Article 47 of the Tourism Code.

The guarantee under Article 47 of the Tourism Code applies exclusively to package travel contracts as defined in Article 33 of the Tourism Code.

The guarantee against the risk of insolvency or bankruptcy does not cover any products sold by the organiser and/or the travel agent that do not fall within the definition of a package holiday contained in Article 33 of the Tourism Code [such as, by way of example: travel services sold individually and not linked, timeshare contracts, long-term language courses, high school programmes, cultural exchanges falling within international student mobility programmes, packages and linked travel services purchased on the basis of a general agreement for the arrangement of business travel concluded between a trader and another natural or legal person acting for purposes relating to their trade, business, craft or profession, a combination of not more than one of the travel services referred to in point 1) of Article 3, letters a), b) or c), with one or more of the travel services referred to in point 1) of Article 3, letter d), where the latter do not account for 25% or more of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the combination, or are selected and purchased only after the performance of a travel service referred to in point 1) of Article 3, letters a), b) or c), has started].

The identification details of the legal entity which, on behalf of the organiser, is required to provide the guarantee are indicated in the catalogue and/or on the website www.guinesstravel.it and may also be indicated in the booking confirmation of the services requested by the traveller. The procedure for accessing the guarantee and the time limits for submitting a claim for the refund of the sums paid are set out on the website of the “Fondo ASTOI a Tutela dei Viaggiatori” (ASTOI Traveller Protection Fund), at www.fondoastoi.it, the legal entity of which GUINESS TRAVEL S.p.A. is a member. In order to avoid forfeiture, you are advised to bear in mind the time limits indicated for submitting claims. It is understood that the expiry of the time limit due to the impossibility of submitting the claim, and not to the traveller's inaction, allows the traveller to be reinstated within those time limits. The web address of the “Fondo ASTOI a Tutela dei Viaggiatori” is also shown on the websites, in the catalogues and in the documents relating to the package purchase contract

23. OPERATIONAL CHANGES 

Given how far in advance the travel offers published in tour operators' catalogues or websites are planned, please note that the travel services, as well as the flight times and routes indicated in the acceptance of the purchase proposal for the services, may be subject to change.

Please also note that the type of aircraft and the booking class may change, unscheduled stopovers may be made and the outbound and/or return airports may be changed; departures scheduled from another Italian airport may be grouped at a single airport with a coach transfer from one terminal to the other, and charter flights may be replaced by scheduled flights (including with technical stopovers). In view of the above, the traveller must ask their agency to confirm the services before departure. Please also be advised that pregnant women are generally accepted for air travel up to the 28th week with a certificate stating the stage of pregnancy, from the 29th to the 34th week only with a medical certificate (issued within the 72 hours preceding the scheduled departure of the flight) attesting fitness to undertake air travel, and beyond the 34th week may not be accepted on board. Before booking a flight, you are advised to consult your doctor and to check that the return date does not fall after the 34th week, as specified above. The organiser will inform passengers of the identity of the operating carrier(s) within the time limits and in the manner laid down by Article 11 of EC Regulation 2111/2005 (referred to in Article 6, paragraph 2).

ADDENDUM

GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TRAVEL SERVICES

A) REGULATORY PROVISIONS

Contracts covering only the transport service, only the accommodation service, or any other separate travel service, since they cannot be regarded as travel organisation or package holiday contracts, do not enjoy the protection afforded to travellers by European Directive 2015/2302, and – unless otherwise stated in the contract with the tour operator – the contractual terms of the individual service provider, as set out on the provider's website, to which reference is made, will apply to them.

A retailer who undertakes to procure a single travel service for third parties, including online, is required to issue the traveller with the documents relating to that service, showing the sum paid for the service, and may in no way be regarded as a travel organiser.

B) SHORT PRIVACY NOTICE

Travellers are informed that their personal data, the provision of which is necessary to enable the conclusion and performance of the travel contract, will be processed manually and/or electronically in compliance with the legislation in force. Any refusal will make it impossible to finalise and consequently perform the contract. The rights provided for by the legislation in force – by way of example: the right to request access to personal data, their rectification or erasure, or the restriction of processing concerning the data subject, or to object to their processing, as well as the right to data portability; the right to lodge a complaint with a supervisory authority – may be exercised against the data controller.

For more detailed information on data processing, please refer to the “Privacy Policy” section of the website at www.guinesstravel.com.

MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006.

“Italian law punishes offences involving child prostitution and child pornography with imprisonment, even if committed abroad.