GENERAL TERMS AND CONDITIONS OF THE PACKAGE TRAVEL CONTRACT 

 

CONTENTS OF THE PACKAGE TRAVEL CONTRACT 

In addition to the following general terms and conditions, the description of the package holiday received separately, namely in the individual travel programme, as well as the booking confirmation of the services requested by the traveller, shall form an integral part of the travel contract. In accepting the offer to purchase a package holiday, the traveller must bear in mind that they, and those for whom they are requesting the all-inclusive service, are deemed to have read and accepted both the travel contract as therein regulated, the warnings contained therein, and these general terms and conditions. 

 

1) LEGISLATIVE SOURCES 

1. The sale of package holidays, covering services to be provided both domestically and internationally, is governed by the Tourism Code, specifically articles 32 to 51-novies as amended by Legislative Decree 21 May 2018, no. 62, implementing and transposing EU Directive 2015/2302, and by the provisions of the Civil Code on carriage and agency, as applicable.

 

2) ADMINISTRATIVE REGIME 

1. The Organizer, to whom the traveller addresses, must be authorized to carry out the activity according to the current legislation, including regional or municipal legislation, and operate in accordance with the provisions therein (authorization Ikotour Srls issued by the competent SUAP by means of protocol QA/2023/33826 of 07/07/2023). The Organizer established in Italian territory must be covered by civil liability insurance in favor of the traveller for the compensation of damages arising from the breach of the respective obligations assumed under the respective contracts (Ikotour Srls civil liability insurance no. 192972396 taken out with UnipolSai).
2. The Organizer shall inform third parties, prior to the conclusion of the contract, of the details of the insurance policy for the coverage of risks arising from professional civil liability, as well as the details of other optional or compulsory insurance policies, to protect travellers for the coverage of events that may affect the performance or execution of the holiday, such as cancellation of the trip, or coverage of medical expenses, early return, loss or damage of baggage, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the seller, following the receipt by the latter of payments made by or on behalf of the travellers, for the purpose of refunding the sums paid or the return of the traveller to the place of departure where the package holiday includes the transport service (Ikotour Srls insurance for cases of insolvency and bankruptcy no. 203226669 taken out with Nobis Compagnia di Assicurazioni S.p.A.).
3. Pursuant to article 18, paragraph VI, of the Tourism Code, the use in the business name or social denomination of the words “travel agency”, “tourism agency”, “tour operator”, “travel intermediary” or other similar words and phrases, even in a foreign language, is permitted exclusively to the authorized undertakings referred to in the first paragraph.

 

3) DEFINITIONS 

For the purposes of this contract, the following terms shall have the following meanings: 

1. a) Professional: any natural or legal person, public or private, who, in the course of its commercial, industrial, craft or professional activities in the field of package travel, acts, even through another person acting on its behalf or on its account, as organizer, retailer, facilitator of linked travel services or as a travel service provider, pursuant to the provisions of the Tourism Code;
2. b) Organizer: a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmits the data relating to the traveller to another professional;
3. c) Traveller/tourist: any person who intends to conclude a contract, or concludes a contract or is authorized to travel under a contract concluded, within the scope of application of the law on package travel;
4. d) Tourism Code: Legislative Decree05.2011, no. 79, as amended.

 

4) DEFINITION OF PACKAGE HOLIDAY 

A package holiday is defined as the combination of at least two different types of travel services, such as: 

1) the carriage of passengers; 

2) accommodation which does not form an integral part of the carriage of passengers and is not intended for residential purposes or long-term language courses; 

3) the rental of cars, other vehicles or motorcycles requiring a category A driving licence; 

4) any other travel service which does not form an integral part of any of the travel services referred to in points 1), 2) or 3), and is not a financial or insurance service – for the purpose of the same trip or holiday, if at least one of the following conditions is met: 

1. a) such services are combined by a single professional, even at the request of the traveller or in accordance with a selection made by the traveller, before a single contract is concluded for all services;
2. b) such services, even if concluded by separate contracts with individual suppliers, are:

b.1) purchased from a single point of sale and selected before the traveller agrees to pay; 

b.2) offered, sold or invoiced at a package price or global price; 

b.3) advertised or sold under the name “package” or similar name; 

b.4) combined after the conclusion of a contract whereby the professional allows the traveller to choose from a selection of different types of travel services or purchased from different professionals through linked online booking processes where the traveller’s name, payment details and email address are transmitted by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or the latter professionals is concluded at the latest 24 hours after confirmation of the booking of the first travel service. 

 

5) MANDATORY INFORMATION 

Before the conclusion of the package travel contract, the Organizer shall provide the traveller, either through what is published in the online catalogue valid at the time of booking and/or confirmation on the pages relating to the chosen destination, or through a quote or other means of information, the following information: 

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

1) the destination or destinations of the trip, the itinerary and the periods of stay with the relevant dates and accommodation, the number of nights included; 

2) the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and location of intermediate stops and connections, in case the exact time is not yet established, the organizer shall inform the traveller of the approximate time of departure and return; the name of the carrier that will operate the flight(s) within the times and in the manner provided for in Regulation (EC) 2111/2005; any changes will be communicated to the traveller promptly, in compliance with Regulation (EC) 2111/2005; 

3) the location and main characteristics and, where provided, the tourist category of the accommodation pursuant to the regulations of the destination country; 

4) meals provided; 

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

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

7) the language in which the services are provided; 

8) if the trip or holiday is suitable for persons with reduced mobility, this will be indicated in the catalogue, it will be indicated upon request of the customer and, at the request of the traveller, precise information on the suitability of the trip or holiday will be provided taking into account the needs of the traveller; 

1. b) the name of the Organizer’s coordinator(s) and their telephone number(s) and email address(es);
2. c) the total price of the package holiday including flights, taxes and all duties, taxes and other additional costs, including any administrative expenses, processing fees and insurance;
3. d) the methods of payment, including any amount or percentage of the price (deposit) to be paid as a deposit and the schedule for payment of the balance;
4. e) the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5, letter a), before the start of the package for the possible termination of the contract in the event of failure to reach the number;
5. f) information on the right of the traveller to withdraw from the contract at any time before the start of the package upon payment of appropriate cancellation fees, or, if provided, the standard cancellation fees required by the Organizer pursuant to Article 41, paragraph 1, of Legislative Decree 79/2011 and specified in Article 10 below;
6. g) general information concerning the conditions relating to passports and/or visas, including the approximate times for obtaining visas and the health formalities of the destination country;
7. h) information on the compulsory subscription of insurance covering the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including repatriation, in the event of injury, illness or death;
8. i) the details of the coverage referred to in Article 47, paragraphs 1, 2, 3 of Legislative Decree 62/2018.

 

6) BOOKINGS 

1. Before confirming your booking online: Before you submit the online booking form, you will be informed, through an accessible information sheet, that the combination of services offered on the website constitutes a package holiday as defined by European Directive 2015/2302 and that, therefore, you will benefit from all the rights that apply to package holidays. Following the subsequent screens, you will be asked to read and accept the General Terms and Conditions of Sale, the Contract, the relevant clauses pursuant to Articles 1341 and 1342 of the Italian Civil Code, the insurance policy, and the package travel summary document. You will also be provided with a summary of the essential features of each package holiday ordered, including the price (inclusive of all applicable taxes or duties), and the payment methods that can be used. To proceed with the online conclusion of a travel contract, you must complete the booking form. When you submit the booking form, you will be informed that this implies the obligation to pay the indicated price. By submitting the online booking form, following the procedure indicated on the website, you accept the contractual offer. The travel contract shall be deemed concluded when the Organizer, as confirmation of acceptance of the contractual offer, sends you a confirmation email.
2. Contract details: Any details not correctly reported in the travel contract must be promptly reported by the Traveller. The package holiday purchased by the Traveller will include only the services specified in the travel contract; any other or additional services, such as transfers to and from the place of departure and services purchased locally by the Traveller, are not included in the package and therefore the Organizer assumes no responsibility whatsoever in relation thereto and cannot in any way be held liable in relation thereto.
3. Special requests: Any special requests regarding the methods of implementation and/or execution of certain services included in the package holiday (meals, need for assistance for specific situations, etc.) must be made at the time of booking and be the subject of a specific agreement between the Traveller and the Organizer.

 

7) PAYMENTS 

1. To complete the online booking of a travel contract, the following must be paid:
2. a) A deposit of 30% of the total price of the package holiday if the booking is made more than 30 (thirty) days before the departure This amount is paid as a confirmation deposit. During the validity of the sales proposal and therefore before the eventual confirmation of booking which constitutes the perfection of the contract, the effects referred to in Article 1385 of the Italian Civil Code shall not occur if the withdrawal is due to a subsequent event not attributable to the traveller. The balance must be paid at least 30 (thirty) days before departure;
3. b) The balance, if the booking is made less than 30 (thirty) days before the departure
4. The Traveller may always choose to pay in a single payment. Travel documents will only be available after receipt of the balance, no earlier than 48 hours before the departure date, in order to correctly indicate flight times, subject to further changes due to unforeseen factors.
5. Failure to pay the above amounts by the due dates shall constitute an express termination clause pursuant to Article 1456 of the Italian Civil Code, which shall automatically terminate the contract upon simple written notification, by fax, by registered letter with acknowledgment of receipt or by email/PEC, to the traveller’s residence or domicile, including electronic address, if communicated. In this case, the deposit paid shall be retained as an advance on damages to be quantified in the amount provided for in Article 10, paragraph 2, letter c), as liquidated damages for the expenses incurred by the Organizer, the expected cost savings and the expected income deriving from the reallocation of the travel services.
6. Payments must be made exclusively:
   a) Deposit: by debit/credit or prepaid card through the payment system on the Organizer’s website or by bank transfer to the IBAN of the current account held by the Organizer.
   b) Balance: by debit/credit or prepaid card through the payment system on the Organizer’s website or by bank transfer to the IBAN of the current account held by the Organizer.
   5. To issue the invoice, it will be necessary to provide the Organizer with the data required by law provided during the purchase of the package holiday. 

 

8) PRICE 

1. Price is quoted in Euros.
2. The all-inclusive package price comprises:
3. a) Flights and transportation costs;
4. b) Taxes and port or airport charges;
5. c) Accommodation;
6. d) DMCs and foreign suppliers;
7. e) Cost of insurance policies against cancellation risks and/or medical expenses and/or other included
8. After the conclusion of the package travel contract, prices may be increased by the amount indicated by the Organizer, with a maximum of 8% only if the contract expressly provides for it and specifies that the traveller is entitled to a corresponding reduction in price, as well as the methods for calculating the price revision. In such a case, the traveller is entitled to a reduction in price corresponding to the decrease in the costs referred to in paragraph 2, letters a), b) and c), which occurs after the conclusion of the contract and before the start of the package.
9. Price increases are possible only as a result of changes concerning: a) The price of passenger transport due to the cost of fuel or other energy sources; b) The level of taxes or duties on travel services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarkation and embarkation taxes at ports and airports; c) The exchange rates relevant to the package.
10. If the price increase referred to in this article exceeds 8% of the total price of the package, Article 40, paragraphs 2, 3, 4 and 5 of the Consumer Code shall apply.
11. A price increase, regardless of its amount, is only possible following clear and precise communication on a durable medium by the Organizer to the traveller, together with the justification for such an increase and the calculation methods, at least twenty days before the start of the package.

 

9) CHANGES TO OR CANCELLATION OF THE PACKAGE HOLIDAY BY THE ORGANIZER BEFORE DEPARTURE 

1. The Organizer reserves the right to unilaterally modify the terms of the contract, other than the price, where the modification is of minor importance. The communication shall be made clearly and precisely on a durable medium, such as email.
2. If, before the start of the package, the Organizer is forced to significantly modify one or more of the main characteristics of the travel services referred to in Article 34, paragraph 1, letter a), or cannot meet the specific requests made by the traveller and already accepted by the Organizer, or proposes to increase the price of the package by more than 8%, the traveller may, within a reasonable period specified by the Organizer, accept the proposed modification or withdraw from the contract without paying any cancellation fees. If the traveller does not accept the proposed modification referred to in paragraph 2, exercising the right of withdrawal, the Organizer may offer the traveller a substitute package of equivalent or higher quality.
3. The Organizer shall inform the traveller without undue delay, clearly and precisely on a durable medium: a) of the proposed modifications referred to in paragraph 2 and their impact on the price of the package pursuant to paragraph 4; b) of a reasonable period within which the traveller is required to inform the Organizer of his decision pursuant to paragraph 2 (in the event of failure to reply within the specified time, the modifications shall be deemed accepted by the traveller); c) of the consequences of the traveller’s failure to reply within the period referred to in letter b) and of any substitute package offered and its price.
4. If the modifications to the package travel contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an adequate reduction in price.
5. 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 Organizer shall reimburse without undue delay and in any event within 14 days of withdrawal from the contract all payments made by or on behalf of the traveller and shall be entitled to compensation for the non-performance of the contract, except in the following cases:
6. No compensation shall be due for the cancellation of the package holiday when the cancellation is due to failure to reach the minimum number of participants, if any, required;
7. No compensation shall be due for the cancellation of the package holiday when the Organizer demonstrates that the lack of conformity is due to force majeure or unforeseeable circumstances;
8. No compensation shall be due for the cancellation of the package holiday when the cancellation is due to government measures imposing prohibitions and/or restrictions on movement or any other form of restriction;
9. Nor shall any compensation be due for the cancellation of the package holiday when the Organizer demonstrates that the lack of conformity is attributable to the traveller or a third party not involved in the provision of travel services included in the package travel contract and is unforeseeable or unavoidable.
10. For cancellations other than those referred to in paragraph 5, letters a), b), c) and d), the Organizer who cancels shall reimburse the traveller an amount equal to twice the amount actually paid and received by the Organizer.
11. The amount to be refunded shall never exceed twice the amounts that the traveller would be liable for on the same date pursuant to Article 10.

 

10) TERMINATION BY THE TRAVELLER 

1. The traveller may withdraw from the package travel contract at any time before the start of the package, upon reimbursement to the Organizer of the expenses incurred, which are adequate and justifiable, the amount of which the Organizer shall justify to the traveller upon request, and upon payment of the penalties calculated according to the time of withdrawal from the contract and the expected cost savings and expected revenue deriving from the reallocation of the travel services. It is specified that the expenses incurred by the Organizer include, by way of example but not limited to: accommodation services (flights, accommodation, private and public transfers, DMCs, etc.) which, given the special rates and/or allotments, are subject to more restrictive penalties operating from the moment of confirmation, as these are non-refundable rates.
   2. In case of withdrawal from the contract, for reasons other than those provided for in paragraph 2 of Article 9, the following penalties shall apply:
   a) 70% of the participation fee for the trip if the cancellation is received 60 days before departure; 
2. b) 80% of the participation fee for the trip if the cancellation is received between 59 and 31 days before departure;
   c) 100% of the participation fee for the trip after these terms (from the 30th day – inclusive – before departure).
   Saturdays, Sundays and all public holidays are also included in the calculation of the terms. 
3. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and having a significant impact on the performance of the package or the transport of passengers to the destination, the traveller shall be entitled to withdraw from the contract, before the start of the package, without paying any cancellation fees, and to a full refund of the payments made for the package, but shall not be entitled to additional compensation. Such unavoidable and extraordinary circumstances must be verified from time to time and must come from certain and unequivocal sources such that the trip is clearly impossible.
4. The fact that the traveller is not responsible for the impossibility of using the trip does not entitle him to withdraw without penalty, as provided for by law only for the objective circumstances referred to in paragraph 3 or for the hypotheses referred to in paragraph 2 of Article 9, since it is possible to insure against the economic risk connected to the cancellation of the contract, with a specific insurance policy, which is mandatory for the Organizer and included in the participation fee for the trip.
5. The Organizer shall proceed with all refunds prescribed pursuant to paragraph 3 or, with regard to what is provided for in paragraphs 1 and 2, shall reimburse, if due, any payment made by or on behalf of the traveller for the package after deducting the appropriate expenses and penalties, without undue delay and in any case within fourteen days of withdrawal. In the cases referred to in paragraph 3, the contracts functionally connected with third parties shall be terminated.
6. The withdrawal must be communicated by certified email or by registered letter with acknowledgment of receipt to the registered office of the Organizer, in the manner and form provided by law.

 

11) ORGANIZER’S LIABILITY FOR INCOMPLETE PERFORMANCE AND SUBSEQUENT IMPOSSIBILITY OF PERFORMANCE DURING PERFORMANCE – TRAVELLER’S OBLIGATIONS – TIMELINESS OF COMPLAINTS 

1. The Organizer is liable for the performance of the travel services provided for in the package travel contract, regardless of whether such travel services are to be provided by the Organizer itself, by its auxiliaries or employees when 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 Civil Code.
2. The traveller, in compliance with the obligations of fairness and good faith pursuant to Articles 1175 and 1375 of the Civil Code, must inform the Organizer, promptly, taking into account the circumstances of the case, of any lack of conformity found during the performance of a travel service provided for in the package travel contract.
3. If one of the travel services is not performed as agreed in the package travel contract, the Organizer shall remedy the lack of conformity, unless this proves impossible or excessively burdensome, taking into account the extent of the lack of conformity and the value of the travel services affected by the defect. If the Organizer fails to remedy the defect, the traveller is entitled to a price reduction unless the Organizer proves that the lack of conformity is attributable to the traveller or to a third party not involved in the provision of the travel services or is unavoidable or unforeseeable or due to extraordinary and unavoidable circumstances.
4. Subject to the above exceptions, if the Organizer fails to remedy the lack of conformity within a reasonable period fixed by the traveller with the complaint made pursuant to paragraph 2, the latter may personally remedy the defect and claim reimbursement of the necessary, reasonable and documented expenses; if the Organizer refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, it is not necessary for the traveller to specify a term. If a lack of conformity, pursuant to Article 1455 of the Civil Code, constitutes a significant non-performance of the travel services included in a package and the Organizer has not remedied it within a reasonable period established by the traveller in relation to the duration and characteristics of the package, with the complaint made pursuant to paragraph 2, the traveller may, without charge, terminate the package travel contract by right and with immediate effect or, if applicable, request, pursuant to Article 43 of the Consumer Code, a reduction in price, without prejudice to any damages. In the event of termination of the contract, if the package included the transport of passengers, the Organizer shall also arrange for the return of the traveller by equivalent transport without undue delay and at no additional cost to the traveller.
5. Where it is impossible to ensure the traveller’s return, the Organizer shall bear the costs of the necessary accommodation, where possible of a category equivalent to that provided for in the contract, for a period not exceeding three nights per traveller or for the longer period possibly provided for by EU legislation on passenger rights applicable to the relevant means of transport.
6. The limitation of costs referred to in the preceding paragraph shall not apply to persons with reduced mobility, as defined in Article 2, paragraph 1, letter a), of Regulation (EC) No 1107/2006, and their companions, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the Organizer has been informed of their special needs at least forty-eight hours before the start of the package. The Organizer cannot invoke force majeure or unforeseeable circumstances to limit the liability referred to in this paragraph if the transport service provider cannot invoke the same circumstances pursuant to applicable EU legislation.
7. If, due to subsequent circumstances not attributable to the Organizer, it is impossible to provide, during the performance, a substantial part, in terms of value or quality, of the combination of travel services agreed upon in the package travel contract, the Organizer shall offer, without additional cost to the traveller, appropriate alternative solutions of equivalent or higher quality, where possible, to those specified in the contract, so that the performance of the package can continue, including the possibility that the traveller’s return to the place of departure is not provided as agreed. If the alternative solutions offered involve a package of lower quality than that specified in the package travel contract, the Organizer shall grant the traveller an adequate reduction in price.
8. The traveller may reject the proposed alternative solutions only if they are not comparable to what was agreed in the package travel contract or if the reduction in price granted is inadequate.
9. If it is impossible to provide alternative solutions or if the traveller rejects the proposed alternative solutions, in accordance with paragraph 7, the traveller shall be granted a reduction in price. In the event of failure to comply with the obligation to offer as provided for in paragraph 7, paragraph 4 shall apply.
10. Where, due to subsequent circumstances not attributable to the Organizer, it is impossible to ensure the traveller’s return as agreed in the package travel contract, paragraphs 5 and 6 shall apply.

 

12) SUBSTITUTIONS 

1. Given the restrictive nature of the contract and the services guaranteed therein, the traveller may assign the package travel contract purchased under certain and non-derogable conditions, as provided for by Article 38 of the Consumer Code.
2. The traveller, upon prior notice given to the Organizer on a durable medium no later than seven days before the start of the package, may assign the package travel contract to a person who meets all the conditions for the use of the service (requirements relating to passports, visas, health certificates, any physical fitness, etc.). The traveller must necessarily and obligatorily communicate to the Organizer all information relating to the assignee and concerning the package in question. The assignment will be possible only if the airline used permits it.
3. The assignee must reimburse the Organizer for all additional expenses incurred to proceed with the substitution, to the extent that it will be quantified before the assignment.
4. The assignor and the assignee of the package travel contract shall be jointly and severally liable for the payment of the balance of the price and any duties, taxes and other additional costs, including any administrative and management expenses resulting from such assignment.

 

13) TRAVELLERS’ OBLIGATIONS 

1. Without prejudice to the obligation to promptly report any lack of conformity, as provided for in this contract, travellers must comply with the following obligations:

– Travellers are obliged to inform the Organizer of their citizenship and must be in possession of an individual passport or other valid document for all countries included in the itinerary, as well as any visas, transit visas and health certificates that may be required. The Organizer shall not be liable for verifying the validity of any document required for the trip; 

– Travellers with foreign citizenship shall obtain the corresponding information through their diplomatic representations in Italy and/or their respective official government channels; 

– Travellers must also comply with the rules of ordinary prudence and diligence and with those specific to the destination countries of the trip, with all information provided to them by the Organizer, as well as with the regulations and administrative or legislative provisions relating to the package holiday; 

– Travellers must also consult and inform themselves on the government channels relating to the destination through the “viaggiaresicuri” portal or any other necessary tool to fully understand the applicable regulations; 

– Travellers shall be liable for any damages that the Organizer may suffer as a result of their failure to comply with the aforementioned obligations, including repatriation costs; 

– The traveller is obliged to provide the Organizer with all documents, information and elements in his possession useful for the exercise of the latter’s right of subrogation against third parties liable for the damage and is liable to the Organizer for any prejudice caused to the right of subrogation; 

– The traveller shall also communicate, in writing, to the Organizer, at the time of booking, any special personal requests that may be the subject of specific agreements on the modalities of the trip, provided that their implementation is possible; 

– The traveller is always required to inform the Organizer of any special needs or conditions (food intolerances, disabilities, etc.) before the conclusion of the contract and by signing the consent to the processing of sensitive data at the same time, and explicitly specifying the request for related personalized services, the Organizer having to verify the possibility of implementation. In the absence of such consent it will not be possible to comply with the contractual obligations. Special requests made after the conclusion of the contract do not bind the Organizer to its implementation, the contract remaining as perfected as it appears in the statement of account (see following article 15); 

– In any case, before departure, travellers shall verify with the competent Authorities the official general information relating to the destination country – including that relating to the socio-political and health and climate situation and the documents required for access by Italian citizens. Since this data is subject to change and updates, the traveller shall – by consulting these sources – verify the officially expressed formulation before proceeding with the purchase of the travel package. In the absence of such verification, no liability for the failure of one or more tourists to depart can be attributed to the Organizer; 

– If, at the time of booking, the chosen destination is, according to institutional information channels, a location subject to a “warning” for security reasons, the traveller who subsequently exercises the right of withdrawal cannot invoke, for the purposes of exemption from the reduction of the request for compensation for the withdrawal made, the failure of the contractual cause connected to the security conditions of the country; 

– The traveller must maintain, during the trip, behaviour that does not harm his or her own or others’ safety and attitudes that undermine, damage or disrupt the normal programme envisaged for the organized trip. The traveller must also act diligently and comply with the rules that will be given by the Organizer’s coordinators (for example: do not be late for scheduled appointments; respect the rules given by the DMCs – local tour operators – and their code of ethics…). 

2. Any behaviour that endangers the tranquillity and progress of the trip shall be sanctioned by the Organizer, who shall have the right to recover from the traveller compensation for the damage suffered as well as for any changes to the programme caused by the occurrence of such events. In such cases, the Organizer also reserves the right to remove the traveller from the group and prevent him or her from continuing the trip.

 

14) REFUSAL OF NEW BOOKINGS
1. The Organizer reserves the right to refuse and cancel, within thirty days of the booking, new bookings from travellers who, on previous group trips or in their dealings with the Organizer, have violated the behavioural obligations expressed herein. In such cases, the Organizer also reserves the right to prohibit the traveller from registering for trips.
2. In the event of a booking made by travellers falling within the conditions described in the preceding paragraph, the Organizer shall proceed with the cancellation of the same and with the full refund of the amount paid by the traveller, expressly excluding compensation for any damage whatsoever. 

 

 

16) LIABILITY REGIME 

1. The Organizer shall be liable for any damage caused to the Traveller due to the total or partial failure to perform the contractually agreed services, whether such services are performed by the Organizer personally or by third-party service providers, unless it proves that the event is due to an act of the Traveller (including initiatives independently taken by the latter during the performance of the travel services) or to the act of a third party of an unforeseeable or unavoidable nature, due to circumstances extraneous to the provision of the services provided for in the contract, due to force majeure, or due to circumstances that the Organizer could not, according to professional diligence, reasonably foresee or resolve.

 

17) LIMITS OF COMPENSATION 

1. Scope and Limitations: Compensation for damages arising from the non-performance or improper performance of the services constituting the package travel and the relevant limitation periods are governed by articles 43 and 46 of the Tourism Code and, in any case, within the limits established by the International Conventions governing the services forming the object of the package travel as well as by articles 1783 and 1784 of the Civil Code, with the exception of personal injury damages which are not subject to any pre-established limit.
2. Limitation Period for Price Reduction or Damages: The right to a price reduction or compensation for damages provided for in this article shall be time-barred after two years from the date of the traveler’s return to the place of departure.
3. Limitation Period for Personal Injury Damages: The right to compensation for personal injury damages shall be time-barred after three years from the date of the traveler’s return to the place of departure or within the longer period provided for the compensation of personal injury damages by the provisions governing the services included in the package.

 

17) ASSISTANCE OBLIGATION 

1. Duty to Assist: The Organizer shall provide appropriate assistance without delay to the traveler in difficulty, also in the circumstances referred to in article 42, paragraph 7 of the Tourism Code, in particular by providing appropriate information regarding health services, local authorities, and consular assistance, and by assisting the traveler in making long-distance communications and finding alternative travel services.
2. Reimbursement: The Organizer may claim a reasonable charge for such assistance if the problem is caused intentionally by the traveler or through his/her fault, to the extent of the expenses actually incurred.

 

18) TRAVELER’S GUARANTEES (Art. 47 Tourism Code)) 

1. Guarantees: Organized travel contracts are backed by adequate guarantees provided by the Organizer and the travel agent intermediary which, for foreign travel and travel within a single country, ensure, in the event of insolvency or bankruptcy of the intermediary or the Organizer, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveler. The identifying details of the legal entity that, on behalf of the Organizer, is required to provide the guarantee shall be indicated on the Organizer’s website and/or in the statement or booking confirmation of the services requested by the tourist.
2. Access to Guarantee: The procedures for accessing the guarantee and the deadlines for submitting a claim for reimbursement of the sums paid are indicated on the website of “Nobis Compagnia di Assicurazioni S.p.A.” – registered office in Borgaro Torinese (TO), via Lanzo 29 – VAT number IT 02230970960, at www.nobis.it, as the legal entity to which Ikotour Srls adheres.
3. Time Limits: In order to avoid forfeiting rights, it is advisable to carefully note the deadlines indicated for submitting claims. It is understood that the expiry of the deadline due to the impossibility of submitting the claim and not due to the traveler’s inaction, allows for a reinstatement within the same terms.

 

19) RELEASE 

1. Photo and Video Release: During the trip, photos and videos of the traveler may be taken, including for promotional purposes. At the time of purchasing the travel package, the traveler may sign and authorize the Organizer to use the photos and videos in accordance with the specific authorization document for the processing of personal data contained in photos/videos intended for publication and dissemination.

 

20) WITHDRAWAL PURSUANT TO ARTICLE 41, PARAGRAPH 7 OF THE TOURISM CODE 

1. Online Purchases: The right of withdrawal (i.e., the right to “change one’s mind”) is excluded for online purchases, as they fall within the category of “distance contracts” pursuant to article 45, paragraph 1, letter g) of the Consumer Code (“any contract concluded between a professional and a consumer within an organized system of distance selling or service provision without the physical and simultaneous presence of the professional and the consumer, by the exclusive use of one or more means of distance communication until the conclusion of the contract, including the conclusion of the contract itself”) and pursuant to article 47, paragraph 1, letter g) of the Consumer Code, which governs and lists the cases of exclusion.
2. Off-premises Contracts: In the case of contracts negotiated off-premises (article 45, paragraph 1, letter h), the traveler has the right to withdraw from the package travel contract within five days from the date of conclusion of the contract or from the date on which he receives the contractual terms and preliminary information, if later, without penalties and without giving any reason. In the case of offers with significantly reduced rates compared to current offers, the right of withdrawal (change of mind) is excluded. In the latter case, the Organizer documents the price variation, adequately highlighting the exclusion of the right of withdrawal (change of mind). By way of example but not exhaustively, purchases of flights, hotels, excursions, etc., purchased at prices more favorable than those on the market, must be understood as significantly lower rates.

 

21) INSURANCE (Art. 47, paragraph 10, Tourism Code) 

1. Included Insurance: A special insurance policy is expressly included in the price, to which reference is made for full use.
2. Insurance Claims: Rights arising from insurance contracts must be exercised by the traveler directly against the contracting Insurance Companies, under the conditions and in the manner provided for in the policies themselves, paying particular attention to the time limits for reporting the claim, deductibles, limitations, and exclusions. The insurance contract in force between the traveler and the Insurance Company has the force of law between the parties and produces its effects between the traveler and the Insurance Company pursuant to article 1905 of the Civil Code.

 

22) ALTERNATIVE DISPUTE RESOLUTION 

1. ADR Option: The Organizer may propose, as an alternative and non-binding option to the traveler – on the catalog, documentation, its website or in other forms – alternative dispute resolution (ADR) procedures, pursuant to Legislative Decree 206/2005. In such a case, the organizer shall indicate the type of alternative resolution proposed and the effects of such adherence.

 

23) GOVERNING LAW AND JURISDICTION 

1. Governing Law and Jurisdiction: These Terms and the purchase of the travel package, and all disputes concerning their performance, interpretation, and validity, shall be governed by and construed in accordance with the laws of Italy and shall be subject to the exclusive jurisdiction of the Italian courts as provided by law.
2. Severability: If any provision of this Agreement is held to be invalid, unenforceable or illegal, such provision shall be severed and the remainder of the Agreement shall continue in full force and effect. The Organizer shall use reasonable efforts to replace any invalid, unenforceable or illegal provision with a provision as close in meaning to the original provision as possible.

 

PRIVACY NOTICE PURSUANT TO ARTICLE 13 OF LEGISLATIVE DECREE 196/2003, AS AMENDED, AND ARTICLE 13 OF REGULATION (EU) 2016/679 (THE “GDPR”) 

The processing of personal data, which is necessary for the conclusion and execution of the contract, is carried out in full compliance with Legislative Decree 196/2003 and the GDPR and subsequent amendments, both in paper and digital format. The customer may at any time exercise the rights pursuant to Article 7 of Legislative Decree 196/2003 and the GDPR by contacting the data controller: Ikotour Srls; Via Francesco Tamagno n. 63, 00168 Rome (RM), VAT number: 17205041001; legal representative: Dongwha Seo; ds@ikotour.com – ikotour@pec.it. The purpose of the processing is to provide the purchased travel package, while the legal basis is: 1) the performance of contractual obligations, 2) explicit consent, and 3) the fulfillment of legal obligations. The personal data processed are those necessary for the completion and execution of the contract, collected on the travel package purchase proposal. The provision of personal data is necessary. However, if particular data are provided (e.g., relating to health, religious beliefs, etc.), explicit consent must be obtained. Personal data will be communicated to a) employees, b) suppliers (e.g., airlines, accommodation facilities, insurance companies, etc.), c) freelancers and consultants in charge of the company’s financial and accounting management, or d) to subjects whose access to the data is recognized by law, regulations, or other provisions. Please be informed that, in the event that the purchased travel package requires the communication of personal data to countries “outside the EU”, the Regulation allows the transfer on the basis of an adequacy decision of the EU Commission or adequate safeguards. Otherwise, the Regulation allows the transfer of personal data only if it is necessary – among other things – for the performance of a contract. In the latter case, you will not be able to exercise the rights provided for by the Regulation in favor of the data subject, as it is not provided for by the laws of the host countries. Personal data will be stored for three years after the return from the holiday, for the purpose of exercising the rights arising from the travel contract, as well as for 10 years in compliance with the retention obligations for tax purposes and/or for other legal purposes. You may exercise your rights (withdrawal, where provided, of consent, access to personal data, rectification or erasure of the same, restriction of processing, or objection to their processing) by sending the appropriate form or by email to ds@ikotour.com, or by certified email to ikotour@pec.it or by registered mail with return receipt to the registered office of Ikotour Srls. For any further information on the use of personal data, the tourist must refer to the Ikotour Srls Privacy Policy, which is hereby incorporated and constitutes an integral and substantial part of the Contract. 

 

 

Annex A – Part II 

The combination of travel services offered to you constitutes a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights applicable to packages. Ikotour Srls will be fully responsible for the proper performance of the package as a whole. Furthermore, as required by law, Ikotour Srls has protection in place to reimburse your payments and, if transport is included in the package, to ensure your repatriation in the event of its insolvency. 

 

Key Rights Under Directive (EU) 2015/2302 

You will receive all essential information about the package before concluding the package travel contract. There is always at least one professional responsible for the proper performance of all the travel services included in the contract. You will be provided with an emergency phone number or contact details for the Organizer or travel agent. You may transfer the package to another person, subject to reasonable advance notice and possibly additional costs. The price of the package may only be increased if specific costs increase (for example, fuel prices) and if expressly provided for in the contract, and in any case not more than 20 days before the start of the package. If the price increase exceeds 8% of the package price, you may terminate the contract. If the Organizer reserves the right to increase the price, you are entitled to a price reduction if there is a decrease in the relevant costs. You may terminate the contract without paying any cancellation fees and obtain a full refund of payments if any essential element of the package, other than the price, changes significantly. If, before the start of the package, the professional responsible for the package cancels it, you are entitled to a refund and, where appropriate, compensation. You may, in exceptional circumstances, terminate the contract without paying any cancellation fees before the start of the package, for example, if there are serious safety problems at the destination that could affect the package. In addition, you may at any time, before the start of the package, terminate the contract by paying appropriate and justifiable cancellation fees. If, after the start of the package, substantial elements of the package cannot be provided as agreed, you must be offered suitable alternative arrangements, at no extra cost. You may terminate the contract without paying any cancellation fees if the services are not performed as agreed and this significantly affects the performance of the package and the Organizer has failed to remedy the problem. You are also entitled to a price reduction and/or compensation for damages in the event of non-performance or improper performance of the travel services. The Organizer is required to provide assistance if you are in difficulty. If the Organizer or, in some Member States, the retailer becomes insolvent, your payments will be reimbursed. If the Organizer or, if applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, your repatriation is guaranteed. Ikotour Srls has taken out insolvency protection with Nobis Compagnia di Assicurazioni S.p.A (policy Filo Diretto Protection 6006). You may contact this entity or, if applicable, the competent authority (contact details, including name, geographical address, email, and telephone number) if services are denied due to the insolvency of Ikotour Srls. 

 

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

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