Italia 361°. Terms & Conditions


Terms & Conditions


The sale of tour packages, that have as subject services to be supplied in both Italy and abroad, is disciplined – until its abrogation in compliance with art. 3 of the Leg. Decree no. 79 of 23 May 2011 (the "Code of Tourism") - by Italian Law 27/12/1977 no. 1084 in ratification and execution of the International Convention relative to the contract of travel (CCV), signed in Brussels on 23.4.1970 - in as much as applicable – as well as by the Code of Tourism (arts. 32-51) and later modifications.

The organiser and the intermediary of the tour package, to whom the tourist turns, must be qualified for the performance of their respective activities on the basis of the applicable administrative regulations, even regional. In accordance with art. 18, paragraph VI, of the Code of Tourism, use in the statute or company name of the words "travel agency", "tourism agency" , "tour operator", "travel mediator" or any other words and locutions, even in a foreign language, of similar nature, is allowed exclusively to qualified enterprises as per the first paragraph.

For the purposes of this contract one means by:
a) travel organiser: the subject who undertakes in his/her own name and for a lump sum payment, to procure tour packages for third parties, realising the combination of the elements as per the following art. 4 or offering the tourist, even through a remote system of communication, the possibility of realising autonomously and buying such a combination;
b) intermediary: the subject who, even non professionally and without commercial purpose, sells or undertakes to procure tour packages realised in compliance with the following art. 4 for a lump sum payment;
c) tourist: the purchaser, the assignee of a tour package or any person even to be nominated, so long as they satisfy all the conditions required for fruition of the service, on behalf of whom the main contractor undertakes to purchase a tourist package without remuneration.

The notion of tour package is the following:
"tour packages have as subject voyages, holidays, "all inclusive" circuits, tourist cruises, resulting from the combination, from whosoever and in whatsoever way realised, of at least two of the elements indicated hereinafter, sold or offered for sale at a lump sum price: a) transport; b) lodging; c) touristic services not accessory to the transport or lodging as per art. 36 which make up a significant part of the "tour package" for the satisfaction of the recreational needs of the tourist (art. 34 Code of Tourism).
The tourist has the right to receive a copy of the contract of sale of the tour package (drawn up in accordance with and with the modalities as per art. 35 Code of Tourism). The contract gives the right to access the guarantee fund as per the following art. 21.

The organiser arranges in a catalogue or in a programme not in the catalogue - even on an electronic support or through information technology - a technical form. The obligatory elements of the technical form in the catalogue or the programme not in the catalogue are:
- details of administrative authorisation or, if applicable, the D.I.A. or S.C.I.A. of the organiser;
- details of the insurance policy for third party liability;
- period of validity of the catalogue or of the programme not in the catalogue;
- means and conditions for substitution of the traveller (Art. 39 Code of Tourism);
- parameters and criteria of adjustment of the price of the travel (Art. 40 Code of Tourism).

The organiser will also insert in the technical details any possible further particular conditions.
At the time of conclusion of the contract the organiser shall also inform the passengers of the identity of the effective carrier/s, all that envisaged by art. 11 of EC Reg. 2111/ remaining understood, and its/their possible inclusion in the so called "black list" envisaged by the same Regulations.


A booking proposal shall be written on the suitable contractual form, electronic if the case, filled in every part and signed by the customer, who will receive a copy.
Acceptance of bookings is understood as perfected, with subsequent conclusion of the contract, only at the t in which the organiser sends relative confirmation, even by means of a computerised system, to the tourist care of the intermediary travel agency.
Before the departure the organiser will supply the indications relative to the tour package not contained in the contractual documents, in the brochures or in other means of written communication, as envisaged by art. 37, paragraph 2 Code of Tourism.
In compliance with art. 32, paragraph 2, Code of Tourism, in the case of contracts concluded at a distance or outside the commercial premises (as respectively defined by arts. 50 and 45 of the Leg. Decree 206/2005), the organiser reserves the right to communicate in writing the non existence of the right to withdraw envisaged by arts. 64 and ff. of Leg. Decree 206/ 2005.

The size of the deposit, up to a maximum of 25% of the price of the tour package, to be paid at the time of the booking i.e. The act of the binding request and the date by which, prior to departure, the balance shall be paid, result from the catalogue, the brochure or other sources.
Missing payment of the sums mentioned above on the dates established constitutes an expressed resolutory clause such as to determine, on the part of the intermediary agency and/or the organiser, resolution of the right.

The price of the tour package is determined in the contract, with reference to that indicated in the catalogue or programme not in the catalogue and any possible updates to the same catalogues or programmes not in the catalogue that took place later. It may be changed until 20 days prior to departure and only subsequent to changes in:
- transport costs, including the cost of fuel;
- levies and taxes on some types of touristic services such as duties, taxes or landing, boarding and disembarkation fees in ports and airports;
- exchange rates applied to the package in question.
For such changes reference will be made to the above mentioned exchange rate and costs in force at the date of publication of the programme, as shown in the technical details of the catalogue, or at the date shown in any possible updates as aforementioned.
The oscillations will affect the lump sum price of the tour package in the percentage expressly indicated in the technical form of the catalogue or programme not in the catalogue.

Before the departure the organiser or the intermediary who needs to modify one or more elements of the contract in a significant way shall promptly advise the tourist in a written form, indicating the type of change and the subsequent price variation.
Should the tourist not accept the proposal of change as per paragraph 1, he or she may alternatively exercise the right to receive the sum already paid or to take advantage of the offer of a replacement tour package in compliance with the 2nd and 3rd paragraphs of article 10.
The tourist may exercise the rights envisaged above even when the annulment depends on failure to reach the minimum number of participants envisaged in the catalogue or in programme not in the catalogue or on cases of force majeure and unforeseeable circumstances, relative to the tour package purchased.
For annulments other than those caused by force majeure, unforeseen circumstances and failure to reach the minimum number of participants, as well as those other than the lack of acceptance by the tourist of the alternative tour package offered, the organiser who annuls, (Art. 33 letter e of the Consumers Code) will reimburse the tourist double the amount paid by the same and collected by the organiser, through the travel agent. This sum for reimbursement shall never be more than the double of the sums for which the tourist would be on the same date debtor according to that envisaged by art. 10, 4th paragraph should the latter be the one to annul.

The tourist may recede from the contract, without paying penalties, in the following hypotheses: - a price increase as per the previous art. 8 in a measure exceeding 10%;
- modification in a significant way of one or more elements of the contract that subjectively can be seen as fundamental for the purposes of fruition of the tour package considered overall and proposed by the organiser after conclusion of the contract itself but prior to the departure and not accepted by the tourist.
In the above mentioned cases, the tourist has alternatively the right to:
- make use of an alternative tour package, with no price supplement or with reimbursement of the price excess, should the second tour package have a lower value than the first;
- reimbursement of the part of the price already paid. This reimbursement shall be made within seven working days of receipt of the request for reimbursement. The tourist shall communicate his/her decision (to accept the change or to recede) no later than two working days from the moment in which he/she received notice of the increase or change. Should they fail to send express communication by the aforesaid term, the proposal formulated by the organiser is understood as accepted.
A tourist who recedes from the contract before the departure for circumstances other than the hypotheses listed in the first paragraph, or in the case envisaged by art. 7, paragraph 2, shall be charged – independently of payment of the deposit as per art. 7 paragraph 1 - the individual cost of dossier management, the penalty in the measure indicated in the technical form of the catalogue or programme not in the catalogue or tailor-made travel, any possible cost of insurance cover already requested at the time of conclusion of the contract or for other services already performed.
In case of preformed groups such sums will be agreed on a case by case basis upon signature of the contract.

After the departure should the organiser find it impossible to supply an essential part of the services contemplated in the contract for any reason whatsoever, except for the tourist's own specific fact, he shall arrange alternative solutions, with no price supplements being charged to the contracting party and, whenever the services supplied are of lower value than those envisaged, reimburse in a measure equal to said difference.
Should it not be possible to find an alternative solution, or if the solution arranged by the organiser is refused by the tourist for substantiated and justified reasons, the organiser shall supply with no price supplement, a means of transport equivalent to the original one envisaged for return to the place of departure or to a different place possibly agreed, compatibly with the availability of means and seats, and shall reimburse in the measure of the difference between the cost of the services envisaged and those of the services carried out until the time of the early return.


The renouncing tourist may have him/herself replaced by another person only if:
a) the organiser is informed in writing at least 4 working days prior to the date fixed for the departure, receiving at the same time a communication of the reasons for the substitution and the personal details of the assignee;
b) the assignee satisfies all the conditions for fruition of the service (ex art. 39 Code of Tourism) and in particular the requirements relative to the passport, visas and health certificates;
c) the same services or other services in substitution can be delivered following the substitution;
d) the substitute reimburses the organiser all the additional expenses sustained to proceed with the substitution, in the measure that will be quantified prior to the transfer.
The assignor and the assignee are jointly responsible for payment of the balance of the price as well as the sums as per letter d) of this article.
Any further means and conditions for substitution are indicated in the technical form.

During the negotiations and in any case prior to conclusion of the contract, Italian citizens are supplied in writing with all the information of general nature - updated to the date of printing of the catalogue - relative to the health obligations and the documentation necessary for expatriation. Foreign citizens will find the corresponding information through their diplomatic representatives present in Italy and/or the respective official governmental channels of information.
In any case the tourists shall arrange, prior to departure, to verify their updating with the competent authorities (for Italian citizens the local police headquarters or the Ministry of Foreign Affairs through the web site or the Operative Telephone Switchboard at the number 06.491115) updating visas prior to the travel. In the absence of such checks, no responsibility for failure to depart of one or more tourists may be assigned to the intermediary or the organiser.
The tourists shall inform the intermediary and the organiser of their citizenship and, at the time of departure, shall have to ensure definitively to be equipped with vaccination certificates, individual passport and any other document valid for all the countries touched by the itinerary, as well as visas to stay, transit and any health certificates that might possibly be required.
Furthermore, for the purpose of evaluating the health and safety situation of the countries of destination and, thus, the subjective usability of the services purchased or to be purchased, the tourist will find (making use of the informative sources indicated in paragraph 2) the official information of general nature from the Ministry of Foreign Affairs which expressly indicates whether the destinations are subject to formal advice against visiting or not.
Tourists shall also keep to observance of the rules of normal prudence and diligence and to those specifically in force in the countries of destination for the travel, to all the information given to them by the organiser, as well as to the regulations, administrative or legislative provisions relative to the tour package. Tourists shall be held liable for all the damages that the organiser and/or intermediary might suffer even due to lack of respect of the obligations mentioned above, including therein the expenses necessary for their repatriation.
The tourist is obliged to supply the organiser all the documents, information and elements in his/her possession useful to exercise the right of subrogation of the latter with regard to third parties responsible for the damage and is responsible to the organiser for the prejudice brought to the right of subrogation.
The tourist shall also communicate in writing to the organiser, at the time of the booking, the particular personal requests that may be the subject of specific agreements on the modalities of the travel, provided that their implementation results possible.
The tourist is obliged to inform the intermediary and the organiser of any possible needs or particular conditions (pregnancy, alimentary intolerances, disabilities, etc...) and to explicitly specify the request for the relative personalised services.

The official classification of hotel structures is supplied in the catalogue or in other informative material only on the basis of the expressed and formal indications of the competent authorities of the country in which the service is delivered. In the absence of official classifications recognised by the competent public authorities of countries that are also EU members to which the service refers, the organiser reserves the right to supply his own description of the hotel in the catalogue or brochure, so as to permit an evaluation and subsequent acceptance of the same by the tourist.

The organiser responds for damage brought to the tourist due to total or partial non fulfilment of the services contractually due, both whether they are performed by him personally and by third-party service suppliers, unless he proves that the event derived from a fact of the tourist (including therein initiatives autonomously taken by the latter during the carrying out of the touristic services) or by the fact of a third party of unforeseeable or inevitable nature, from circumstances extraneous to supply of the services envisaged by the contract, from unforeseeable circumstances, from force majeure, or from circumstances that the same organiser could not, according to professional diligence, reasonably foresee or resolve. The intermediary through whom the booking of the tour package was made does not respond in any case for the obligations that stem from organisation of the travel, but is responsible exclusively for the obligations stemming from his role as intermediary and, however, in the limits envisaged for such liability by the regulations in force on the subject, apart from the exoneration as per art. 46 Code of Tourism.

Compensation as per arts. 44, 45 and 47 of the Code of Tourism and relative terms of limitation are disciplined by that envisaged therein and however in the limits established by the C.C.V. (International Convention on Travel Contracts), by the International Conventions that discipline the services that form the subject of the tour package as well as by articles 1783 and 1784 of the Italian civil code.

The organiser is obliged to give the measures of assistance to the tourist according to the criterion of professional diligence with exclusive reference to the obligations of his responsibility by provision of law or contract. The organiser and the intermediary are exonerated from their respective liability (arts. 15 and 16 of these General Conditions), when the lack or inexact performance of the contract is imputable to the tourist or depends on a third-party fact of unforeseeable or inevitable nature, or was caused by unforeseeable circumstances or force majeure.

Any lack in performance of the contract must be contested by the tourist during fruition of the package through prompt presentation of a complaint so that the organiser, his local representative or the tour guide seek a prompt remedy. On the contrary compensation for the damage will be diminished or excluded in accordance with art. 1227 Italian civil code. The tourist shall also – at the risk of forfeiture - make a claim by means of the sending of a registered letter, with record of delivery, or other means that guarantees proof of receipt, to the organiser or intermediary, no later than ten working days from that date of return to the place of departure.

If not expressly included in the price, it is possible, and even advisable, to stipulate at the time of booking in the offices of the organiser or intermediary special insurance policies against the expenses deriving from annulment of the tour package, from possible accidents and from vicissitudes relative to the baggage transported. It will also be possible to stipulate a contract of assistance that covers the repatriation expenses in case of accidents, illnesses, unforeseeable circumstances and/or force majeure. The tourist will exercise the rights deriving from such contracts exclusively with regard to the stipulating Insurance Companies, with the conditions and modalities envisaged by said policies.

In accordance with and to the effects of art. 67 Code of Tourism the organiser may propose to the tourist – in the catalogue, on his own web site or in other forms – an alternative means of resolution of the contestations arising. In such case the organiser will indicate the type of alternative resolution proposed and the effects that such adhesion would bring. 21. GUARANTEE FUND (art. 51 Code of Tourism). The National Guarantee Fund set up to safeguard tourists who are in possession of a contract, envisages the following needs in case of insolvency or declared bankruptcy of the intermediary or organiser:
a) reimbursement of the price paid;
b) repatriation in case of travels abroad.
The fund shall also supply an immediate economic availability in case of forced return of tourists from non-EU countries if there are emergencies imputable or not to the behaviour of the organiser. The means of intervention of the Fund are e established with a decree of the President of the Council of Ministers of 23/07/99, no. 349 and applications for reimbursement from the Fund are not subject to any expiry term. The organiser and the intermediary contribute to supporting this Fund in the measure established by paragraph 2 of the aforesaid art. 51 Code of Tourism through payment of the mandatory insurance policy which they are obliged to stipulate, a quota of which is paid into the Fund in the ways envisaged by art. 6 of the MD 349/99.


Contracts having as subject the offer of only a transport service, of only the accommodation service or of whatsoever other separate touristic service, not being configured as a contractual matter of travel organisation or tour package, are disciplined by the following provisions of the C.C.V.: art. 1, no. 3 and no. 6; arts. from 17 to 23; arts. from 24 to 31 (limited to the parts of these provisions that do not refer to the contract of organisation) as well as the other agreements specifically referred to the sale of the single service subject of the contract. The vendor who undertakes to procure for third parties, even using information technology, a disaggregated touristic service is obliged to issue the tourist with the documents relative to this service, which show the sum paid for the service and may not in any way be considered a travel organiser.


To such contracts are likewise applicable the following clauses of the general conditions of contract of sale of the tour packages shown above: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18.
Application of said clauses does not determine absolutely the configuration of the relative services as a tour package. The terminology of the aforesaid clauses relative to the contract of tour package (organiser, travel etc.) is therefore to be understood with reference to the corresponding figures of the contract of sale of single touristic services (vendor, accommodation

Informative note ex art. 13 Leg. Decree 196/2003: the data of the participant/s, conferment of which is obligatory to guarantee to the same fruition of the services subject of the tour package, will be treated in a manual and/or electronic way in compliance with regulations. Any possible refusal in conferment of details will mean the impossibility of concluding the contract and supplying the relative services. The data managers - unless there are separate and different indication, which may also be seen in the catalogue and/or on the respective web sites – are the vending agency and the organising agency. Where necessary, communication of data will be carried out only to competent authorities, insurance companies, correspondents or local representatives of the vendor or of the organiser, supplier of the services that are part of the tour package or however to subjects for whom transmission of the data is necessary in relation to conclusion of the contract and fruition of the relative services. The data may also be communicated to tax consultants, book keepers and lawyers for fulfilment of the obligations of law and/or for the exercising of rights in a court of law. The data managers may use the e-mail addresses supplied in this form for the promotion or sale of similar services to those subject of this sale on the condition that those concerned, at the moment of supplying the e-mail addresses or at the time of later communications, do not refuse such use. Those concerned can object at any time to such treatment, in a simple and free way, by contacting the data manager who made such use of the e-mail addresses supplied by e-mail, fax or telephone. At any time all the rights in art. 7 Leg. Decree 196/2003 can be exercised.


Ex Art 05 – Integral part of the General Conditions of Participation
Technical Organisation MEDTRAVEL Srl
Authorisation Province of Genoa no. 3470/14312 dated 21/10/1987
Professional Third Party Liability Insurance Guarantee for Travel Agents
Navale Assicurazione SpA – Policy number 4094282L

This programme is valid from 1st November 2012 to 31 October 2013.

The prices quoted are in euros.

The costs of transport, fuel, flights, levies and taxes (such as those of landing, disembarkation or embarkation in ports and airports) are those in force at the time of transmission of the quotation and will be reconfirmed at the time of the binding request.

The name of the carrier(s) who will carry out the flight(s) is indicated on the booking confirmation sheet; any possible changes will be promptly communicated, with the means envisaged by Art. 11 of Reg. EC 211/2005.

The Consumer shall pay a deposit of 25% of the price of the tourist package in accordance with that envisaged by Art. 7 of the General Conditions of Participation, while the balance of the package holiday booked shall be paid at least thirty days before departure, unless there are other indications and agreements with the service supplier (e.g. hotels, local services, advanced air ticket issue), for which a different deposit might be required.

Any change to the name of the renouncing client with that of his/her replacement may not be accepted by third-party service supplier, in relation to certain typologies of them, even though carried out within the term as per Art. 12, paragraph a, of the general contract conditions. Therefore the organiser shall not be responsible for any possible lack of acceptance of the change by third-party service suppliers. Such lack of acceptance shall be promptly communicated by the organiser to the parties concerned prior to departure.

Penalties for annulment of the tourist package
The consumer who withdraws from the contract before the departure, with the exception of the cases listed in the first paragraph of art. 10 and independently of payment of the deposit envisaged by art. 7 and apart from where otherwise specified in the programme or in phase of confirmation of the services, will be charged a penalty of the relative percentage of the price of participation, depending on the number of days before the departure date of the trip, excluding from this calculation bank holidays, the day of departure and the day on which communication of annulment is given:
up to 30 days before: 20%
from 29 to 20 days before: 30%
from 19 to 10 days before: 50%
from 9 to 3 days before: 90%
from 2 to 0 days before: 100%

We point out that certain services might envisage penalties different to those shown above; further information will be found in the booking confirmation.
Cancellation is to be sent in written form, via e-mail or fax and is valid only if its receipt is confirmed by the Organiser.

Penalties for cancellation of individual tourist services
These will be communicated in the booking confirmation. Unless expressly indicated, those shown for tourist packages are valid.

Tourist tax
Many Italian municipalities have introduced tourist taxes that vary from town to town, depending on the hotel category and the number of nights of stay. Clients are to pay such taxes directly in their hotel(s).

Insurance cover
Unless expressly included it is possible, even advisable, to stipulate at the time of booking, special insurance policies to cover any expenses deriving from medical treatment for accidents and illness, from theft and/or damage to luggage, from repatriation for early return in case of serious accidents or illness for yourself or you close relatives and to cover any expenses deriving from annulment of the package.

For EU air carriers and those belonging to states adhering to the Montreal Convention 1999 there are no limits of liability for harm from death, injuries or personal lesions to the passenger. For damages higher than 100,000 DSP (equivalent to about € 120.000) the air carrier may contest a request for compensation only if he is able to prove that the damages are not ascribable to him. In case of delay in passenger transport, the carrier is responsible for damages up to 4150 DSP (about 5,000 euros); in case of destruction, loss, damage or delay in baggage delivery, up to 1000 DSP (about 1,200 euros). Carriers not belonging to a state adhering to the Montreal Convention 1999 may apply regimes of responsibility different to those shown above.
The tour operator’s responsibility with regard to the passenger remains in any case disciplined by the Consumers’ Code and by the ASTOI General Contract Conditions attached.