General conditions

In addition to the general terms and conditions set out below, the description of the package holiday contained in the catalogue, or in the separate travel programme, as well as the booking confirmation of the services requested by the traveller, together with the documents referred to in art. 36 paragraph 8 of the Tourism Code, form an integral part of the travel contract. When the contract is brokered by a travel agency, the booking confirmation is sent by the Tour Operator to the Travel Agency, as the Traveller’s agent, and the latter shall be entitled to receive it from the same. By signing the package travel purchase proposal, the Traveller expressly declares that he/she has understood and accepted, for himself/herself and for the persons for whom he/she requests the all-inclusive service, the travel contract as governed therein, the notices contained therein and these general terms and conditions.

The sale of package holidays covering services to be provided in both national and international territory is governed by arts. 32-51 novies of Legislative Decree no. 79 of 23 May 2011 (the so-called “Tourism Code”, hereinafter CdT), as currently amended by Legislative Decree no. 62 of 06.06.2018 implementing EU Directive no. 2015/2302, as well as by the provisions of the Civil Code on transport, contracting of services and agency, insofar as applicable, and by the Navigation Code (Royal Decree no. 327 of 30.03.1942)

The organiser and the Agency selling the package holiday, to which the traveller turns, must be licensed to carry out their respective activities under the legislation in force. Before the conclusion of the contract, the Organiser and the retailer disclose to third parties the details of the insurance policy covering the risks arising from professional civil liability, as well as the details of the guarantee against the risks of insolvency or bankruptcy of the organiser and of the retailer, each within their own remit, for the purposes of refunding the sums paid or returning the traveller to the place of departure.

For the purposes of this contract, the following definitions apply: a) Traveller: any person who intends to conclude or enter into a contract, or who is entitled to travel on the basis of an organised tourism contract; b) Trader: any natural or legal person, whether public or private, who, in the context of his commercial, industrial, craft or professional activity, acts in organised tourism contracts, including through any other person acting in his name or on his behalf, in the capacity of organiser, retailer, trader facilitating linked travel arrangements or provider of travel services, in accordance with the legislation in force; c) Organiser: the trader who combines packages and sells or offers them for sale directly or through, or together with, another trader; d) Retailer: the trader other than the Organiser who sells or offers for sale packages combined by an organiser.

A package holiday means the “combination of at least two different types of travel services for the purpose of the same trip or holiday, if at least one of the following conditions is met:

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

2) those services, even where concluded under separate contracts with individual travel service providers, are:

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

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

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

2.4) combined after the conclusion of a contract by which the trader entitles the traveller to choose among a selection of different types of travel services, or 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 one or more other traders and the 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.

1. Before the conclusion of the package travel contract or of any corresponding offer, the organiser and, where the package is sold through a retailer, also the latter shall provide the traveller with the relevant standard information form set out in Annex A, Part I or Part II of the CdT, as well as with the following information: a) the main characteristics of the travel services, such as:

1) the travel destination or destinations, the itinerary and the periods of stay, with the relevant 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 the transport connections; where the exact time is not yet fixed, the organiser and, where applicable, the retailer shall inform the traveller of the approximate time 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;

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

6) the travel services provided to the traveller as a member of a group and, in that case, 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, upon the traveller’s request, precise information on the suitability of the trip or holiday taking into account the traveller’s needs;

b) the trading name and geographical address of the organiser and, where present, of the retailer, together with their telephone numbers and e-mail addresses;

c) the total price of the package inclusive of taxes and all duties, charges and other additional costs, including any administrative and file-handling fees, or, where those 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 down payment and the timetable for payment of the balance, or the financial guarantees which the traveller is required to pay or provide;

e) the minimum number of persons required for the package and the time limit referred to in article 41, paragraph 5, letter a), 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 visa requirements, including the approximate time for obtaining visas, and on the health formalities of the country of destination;

g) information on the traveller’s right to terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee or, where they are provided for, of the standard termination fees requested by the organiser in accordance with article 41, paragraph 1 CdT; h) information on the optional or compulsory taking out of insurance covering the costs of unilateral termination of the contract by the traveller or the costs of 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 CdT. 2. For package travel contracts as referred to in article 33, paragraph 1, letter d), concluded by telephone, the organiser or the trader shall provide the traveller with the standard information set out in Annex A, Part II, to this decree, and with the information referred to in paragraph 1.

1. The package travel purchase proposal must be drawn up on a specific contractual form, where appropriate in electronic format or, in any event, on a durable medium, completed in all its parts and signed by the customer, who will receive a copy thereof. Acceptance of the package travel purchase proposal is deemed to be perfected, with the consequent conclusion of the contract, only when the organiser sends the relevant confirmation, including by electronic means, to the traveller at the selling Travel Agency, which will see to its delivery to the traveller. Any indications concerning the package holiday not contained in the contractual documents, in the brochures or in other means of written communication will be provided by the organiser, in due fulfilment of the obligations imposed on it by art. 36, paragraph 8, CdT, before the start of the trip.

2. Special requests concerning the manner of supply and/or performance of certain services forming part of the package, including the need for assistance at the airport for persons with reduced mobility and requests for special meals on board or at the place of stay, must be made at the booking-request stage and be the subject of a specific agreement between the Traveller and the Organiser, through the mandated Travel Agency. 3. In the case of contracts negotiated off-premises, the traveller is entitled to withdraw from the package travel contract within a period of 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 penalty and without giving any reason. In the case of offers at rates significantly reduced compared with current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price variation, adequately highlighting the exclusion of the right of withdrawal (art. 41, paragraph 7, CdT).

1. Unless otherwise indicated in the pre-contractual information or in the contract, upon signing the package travel purchase proposal the following must be paid: a) the registration or file-handling fee (see art. 8); b) a down payment on the price of the package holiday published in the catalogue or in the package quotation provided by the Organiser. The balance must be paid, without possibility of extension, by the deadline set by the Tour Operator in its catalogue or in the booking confirmation of the requested service/package;

2. For bookings made after the date indicated as the final deadline for paying the balance, the entire amount must be paid at the time of signing the purchase proposal;

3. Failure to pay the above sums by the established dates, as well as failure to remit to the Tour Operator the sums paid by the Traveller to the selling Agency — without prejudice to any guarantee actions under art. 47 CdT against the latter — constitutes an express termination clause within the meaning of art. 1456 of the Civil Code, such as to bring about termination by operation of law, to be effected by simple written notice, by fax or by e-mail, at the selling Agency, or at the traveller’s domicile, including electronic domicile, where communicated. Payment of the balance of the price is deemed to have been made when the sums reach the organiser directly from the traveller or through the intermediary Travel Agency chosen by the traveller.

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

2. After the conclusion of the package travel contract, prices may be increased by the amount indicated by the Organiser, up to a maximum of 8%, only if the contract expressly provides for that possibility and states that the traveller is entitled to a corresponding price reduction, as well as the method of calculating the price revision. In that case, the traveller is entitled to a price reduction corresponding to the decrease in the costs referred to in paragraph 2, letters a), b) and c), occurring after the conclusion of the contract and before the start of the package.

3. Price increases are possible exclusively as a consequence of changes concerning:

a) the price of the carriage of passengers resulting from the cost of fuel or of other power sources;

b) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including landing taxes and disembarkation and embarkation fees at ports and airports; c) the exchange rates relevant to the package.

4. If the price increase referred to in this article exceeds 8 per cent of the total price of the package, article 40, paragraphs 2, 3, 4 and 5 CdT applies.

5. A price increase, irrespective of its extent, is possible only after clear and precise notice thereof on a durable medium from the organiser to the traveller, together with the justification for that increase and the method of calculation, at least twenty days before the start of the package. 6. In the event of a price decrease, the organiser has the right to deduct the actual administrative and file-handling expenses from the refund owed to the traveller, of which it must provide proof at the traveller’s request.

1. Before the start of the package, the organiser may not unilaterally change the terms of the contract other than the price in accordance with article 39, unless it has reserved that right in the contract and the change is insignificant. The organiser shall inform the traveller of the change in a clear and precise manner on a durable medium.

2. If, before the start of the package, the organiser is constrained to alter significantly 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 requirements referred to in article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8 per cent in accordance with article 39, paragraph 3, the traveller may, within a reasonable period specified by the organiser, accept the proposed change or terminate the contract without paying any termination fee. In the event of termination, the organiser may offer the traveller a substitute package of equivalent or higher quality.

3. The organiser shall inform the traveller, without undue delay, in a clear and precise manner on a durable medium, of: a) the proposed changes referred to in paragraph 2 and their impact on the price of the package in accordance with paragraph 4; b) a reasonable period within which the traveller must inform the organiser of his decision pursuant to paragraph 2; c) the consequences of the traveller’s failure to respond within the period referred to in letter b), and of any substitute package offered and its price.

4. 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.

5. In the event of termination of the package travel contract pursuant to paragraph 2, if the traveller does not accept a substitute package, the organiser shall refund, without undue delay and in any event within fourteen days of the termination of the contract, all payments made by or on behalf of the traveller, and the provisions of article 43, paragraphs 2, 3, 4, 5, 6, 7, 8 CdT apply.

1. The traveller may, upon prior notice given to the organiser 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 for any duties, taxes and other additional costs, including any administrative and file-handling fees, arising from such transfer. 3. The organiser shall inform the transferor of the actual costs of the transfer, which shall not be unreasonable and shall not exceed the costs actually incurred by the organiser as a result of the transfer of the package travel contract, and shall provide the transferor with proof of the duties, taxes or other additional costs arising from the transfer of the contract. 4. In any event, the Traveller who requests a change to an element of a file already confirmed — provided that the request does not constitute a novation of the contract and provided that its implementation proves possible — shall pay the Tour Operator, in addition to the expenses resulting from the change itself, a fixed flat-rate charge.

1. During the negotiations and in any event before the conclusion of the contract, the Traveller shall be provided in writing with general information concerning passports and visas and the health formalities required for travelling abroad.

2. For the rules on minors travelling abroad, express reference is made to the information given on the website of the State Police (Polizia di Stato). It is in any case specified that minors must hold a personal document valid for travel abroad, namely a passport or, for EU countries, also an identity card valid for expatriation. As regards travel abroad by minors under 14 years of age and by minors for whom an Authorisation issued by the Judicial Authority is required, the instructions given on the website of the State Police http://www.poliziadistato.it/articolo/191/ must be followed.

3. Travellers must in any event obtain the corresponding information through their diplomatic representations and/or the respective official government information channels. In any event, before departure, travellers shall verify that such information is up to date with the competent authorities (for Italian citizens, the local Police Headquarters (Questure) or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Centre on 06.491115), complying with it before travelling. In the absence of such verification, no liability for the failed departure of one or more travellers may be attributed to the selling Agency or to the organiser.

4. Travellers must in any event inform the retailer 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 definitively sure that they hold the vaccination certificates, an individual passport and any other document valid for all the countries covered by the itinerary, as well as the residence and transit visas and the health certificates that may be required.

5. Furthermore, in order to assess the socio-political and health security situation and any other useful information concerning the countries of destination and, hence, the objective usability of the services purchased or to be purchased, the traveller shall be responsible for obtaining the official general information from the Ministry of Foreign Affairs, published through the institutional website of the Farnesina, www.viaggiaresicuri.it. The above information is not contained in the Tour Operators’ catalogues — online or printed — since they contain descriptive information of a general nature as indicated in the information brochure and not information subject to change over time. That information must therefore be obtained by the Travellers themselves. Travellers must also comply with the rules of ordinary prudence and diligence and with the specific rules in force in the countries of destination of the trip, with all the information provided to them by the organiser, and with the regulations and administrative or legislative provisions relating to the package holiday. Travellers will be held liable for all damage which the organiser and/or the retailer may suffer as a result, inter alia, of failure to comply with the obligations indicated above, including the expenses necessary for their repatriation. 6. The organiser or the retailer who has granted compensation or a price reduction, or has paid damages, or has been obliged to comply with other obligations prescribed by law, has a right of recourse against the parties who contributed to the occurrence of the circumstances or of the event giving rise to the compensation, the price reduction, the damages or the other obligations in question, as well as against the parties required to provide assistance and accommodation services under other provisions, where the traveller cannot return to the place of departure. The organiser or the retailer who has compensated the traveller is subrogated, within the limits of the compensation paid, to all the rights and actions of the latter against liable third parties; the traveller shall provide the organiser or the retailer with all the documents, information and evidence in his possession that may be useful for exercising the right of subrogation (art. 51 quinquies CdT).

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 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, pursuant to articles 1175 and 1375 of the Civil Code, shall inform the Organiser, directly or through the retailer, without undue delay 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 one of the travel services is not performed in accordance with the package travel contract, the Organiser shall remedy 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 by the lack of conformity. If the Organiser does not remedy the lack of conformity, article 43 applies.

4. Without prejudice to the exceptions set out in paragraph 3, if the Organiser does not remedy the lack of conformity within a reasonable period set by the traveller in relation to the duration and characteristics of the package, by way of the complaint made pursuant to paragraph 2, the traveller may himself remedy the lack of conformity and request reimbursement of the necessary, reasonable and documented expenses; if the Organiser refuses to remedy the lack of conformity or if an immediate remedy is required, the traveller need not specify a time limit.

5. If a lack of conformity, within the meaning of article 1455 of the Civil Code, constitutes a non-performance of no minor importance of the travel services included in a package and the Organiser has failed to remedy it within a reasonable period set by the traveller in relation to the duration and characteristics of the package, by way of the complaint made pursuant to paragraph 2, the traveller may, without charge, terminate the package travel contract by operation of law and with immediate effect or, where appropriate, request a price reduction pursuant to article 43, without prejudice in any event to any compensation for damages. In the event of termination of the contract, if the package included the carriage of passengers, the Organiser shall also arrange for the traveller’s return by equivalent transport without undue delay and at no additional cost to the traveller.

6. Where it is impossible to ensure the traveller’s return, the Organiser shall bear the cost 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 provided for, where applicable, by the European Union legislation on passenger rights applicable to the relevant means of transport.

7. The cost limitation referred to in paragraph 6 does not apply to persons with reduced mobility, as defined in article 2, paragraph 1, letter a), of Regulation (EC) No 1107/2006, and to their companions, to pregnant women, to unaccompanied minors and to persons in need of specific medical assistance, provided that the Organiser has been notified of their particular needs at least forty-eight hours before the start of the package. The Organiser may not invoke unavoidable and extraordinary circumstances in order to limit the liability under this paragraph where the transport service provider may not rely on those same circumstances under the applicable European Union legislation.

8. If, owing to supervening circumstances not attributable to the Organiser, it is impossible to provide, in the course of performance, a substantial part, by value or quality, of the combination of travel services agreed in the package travel contract, the Organiser shall offer, at no extra cost to the traveller, suitable alternative arrangements of a quality, where possible, equivalent or higher than those specified in the contract, so that the performance of the package may 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 shall grant the traveller an appropriate price reduction.

9. The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.

10. Where it is impossible to make alternative arrangements or the traveller rejects the proposed alternative arrangements made in accordance with paragraph 8, the traveller is entitled to a price reduction. In the event of breach of the obligation to make an offer under paragraph 8, paragraph 5 applies.

11. Where, owing to supervening circumstances not attributable to the Organiser, it is impossible to ensure the traveller’s return as agreed in the package travel contract, paragraphs 6 and 7 apply.

1. The Retailer is responsible for the performance of the mandate conferred on it by the traveller under the travel intermediation contract, irrespective of whether the service is provided by the retailer itself, by its auxiliaries or agents when acting in the exercise of their functions, or by third parties whose services it uses, the fulfilment of the obligations undertaken being assessed with regard to the diligence required for the exercise of the corresponding professional activity. 2. The Retailer is not liable for booking errors attributable to the traveller or due to unavoidable and extraordinary circumstances. 3. The traveller’s right to compensation for damages connected with the Retailer’s liability is time-barred after two years from the date of the traveller’s return to the place of departure.

The package travel contract may provide for a limitation of the compensation owed by the organiser, except for personal injury or for damage caused intentionally or through fault, provided that such limitation is not less than three times the total price of the package. The right to compensation for personal injury 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.

1. The Traveller may address messages, requests or complaints relating to the performance of the package directly to the Retailer through which it was purchased, which shall, in turn, forward those messages, requests or complaints 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 paragraph 1 is deemed to be the date of receipt also for the Organiser.

1. The organiser shall give appropriate assistance without delay to a traveller in difficulty, including in the circumstances referred to in article 42, paragraph 7 CdT, 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 him 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 his own fault, within the limits of the expenses actually incurred.

If not expressly included in the price, it is possible, and advisable, to take out, at the time of booking and through the Retailer, special insurance policies against the costs arising from cancellation of the package, from accidents and/or illnesses — also covering 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 contracting Insurance Companies, under the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published in the catalogues or set out in the brochures made available to Travellers at the time of departure.

The organiser may propose to the traveller — in the catalogue, in the documentation, on its own website or in other forms — alternative methods for resolving disputes that have arisen (ADR — Alternative Dispute Resolution), pursuant to Legislative Decree 206/2005. In that case, the organiser shall indicate the type of alternative resolution proposed and the effects that such adherence entails.

1. The organiser and the retailer established on the national territory are covered by a civil liability insurance contract in favour of the traveller for compensation for damages arising from the breach of the respective obligations undertaken under their respective contracts.

2. Package travel organisation contracts are backed by insurance policies or bank guarantees, or guarantees issued by the Funds referred to in paragraph 3 of art. 47 of the CdT, which, for trips abroad and trips taking place within a single country, including trips within Italy, in the event of the insolvency or bankruptcy of the organiser or of the retailer, guarantee, without delay upon the traveller’s request, the refund of the price paid for the purchase of the package and the immediate return of the traveller where the package includes the traveller’s carriage, as well as, where necessary, the payment of board and lodging before the return. The guarantee is effective, proportionate to the volume of business, and covers the reasonably foreseeable costs, the amounts of the payments made by or on behalf of travellers in respect of packages, taking into account the length of the period between the down payments and the final balance and the completion of the packages, as well as the estimated cost of repatriations in the event of the insolvency or bankruptcy of the organiser or of the retailer.

3. Travellers benefit from the protection in the event of the insolvency or bankruptcy of the organiser or of the retailer irrespective of their place of residence, the place of departure or the place of sale of the package, and irrespective of the Member State where the entity in charge of providing protection in the event of insolvency or bankruptcy is established.

4. In the cases provided for in paragraph 2, as an alternative to the refund of the price or to the immediate return, the traveller may be offered the continuation of the package in the manner set out in articles 40 and 42 CdT.

In view of the considerable advance with which the catalogues containing the information on the manner of use of the services are published, please note that the flight times and routes indicated in the acceptance of the proposal for the sale of the services may be subject to change, as they are subject to subsequent validation. To this end, the traveller must ask his own Travel Agency for confirmation of the services before departure. The Organiser will inform passengers of the identity of the actual carrier within the times and in the manner provided for by art. 11 of EC Regulation 2111/2005.

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

Contracts covering the offer of the transport service alone, of the accommodation service alone, or of any other separate travel service, since they cannot be classified as travel organisation contracts or package holidays, do not enjoy the protections provided in favour of travellers by European Directive 2015/2302. The retailer who undertakes to procure for third parties, including by electronic means, a disaggregated travel service, is required to issue to the traveller the documents relating to that service, showing the amount paid for the service, and may in no way be regarded as a travel organiser.

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, the restriction of processing concerning the data subject or to object to their processing, in addition to the right to data portability; the right to lodge a complaint with a supervisory authority — may be exercised against the data controller. For fuller information on the processing of data by the organiser, please refer to the specific section of the website www.travelone.it containing the Privacy Policy.

TECHNICAL ORGANISATION:

Authorisation of the Municipality of Lignano Sabbiadoro (UD) SCIA no. 24053 of 3/7/2017

Civil liability insurance policy details: Insurance policy — Travel agency civil liability policy no. 1505001949J Nobis.

Where expressly specified under “La quota comprende” (“The price includes”), the price also includes a package of insurance guarantees covering assistance and medical expenses, loss of luggage and trip cancellation.