“The tourist packages have as object the travels, vacations, “all inclusive” circuits, tourist cruises, resulted from the combination of at least two elements indicated hereinafter, sold or offered for sale on a lump-sum basis, made by anyone and in any manner:
The tourist is entitled to receive a copy of the contract of sale for tourist package (as per art. 35 and 36 of the Code of Tourism). The contract represents a title to access the Warranty Fund specified in the subsequent art. 21, as the case may be”.
When he makes the booking, the consumer declares and acknowledges to have seen, read and received a full copy of the General Contract of Sale Conditions, in force when the booking was made from the Travel Agency where he made the booking. In case of the transport service intermediation to be performed by means of liners (which offer flights non ITC –charter-) or tourist packages including the related flight ticket in such air transport typology, unless otherwise specified, will be issued in the context of the booking confirmation; in case of annulment, the penalties shall be applied according to the specification sheet.
According to art. 32, paragraph 2 of the Code of Tourism, in case of contracts concluded by using a remote communication system or outside the commercial premises (as defined in articles 50 and 45 of the Legislative Decree 206/2005), the organizer reserves its right to communicate in writing the exclusion of the annulment right stipulated in articles 64 and the following of the Legislative Decree 206/2005 to the tourist.
Unless otherwise specified, the fees include the standard room accommodation with private services and related treatment. The packages price is calculated as a special fare for limited places. Supplements are offered on demand, for higher fares, if available. Supplements are offered on demand, in case of departure from other Italian cities. The airport taxes are always excluded and differ according to the airport of departure, airport of arrival and possible staging posts. The amount of the airport taxes is communicated when the customer makes the booking and it is subject to changes until the day of the flight ticket issue. Some airport taxes cannot be included in the flight ticket and must be paid on the spot. The mentioned amounts are valid for one person, unless otherwise specified.
The flight ticket may be changed within 20 days before the departure and only as a consequence of the following changes:
– transport expenses, including the fuel and ETS prices (Carbon Tax );
– rights and taxes related to certain typologies of tourist services such as taxes, landing fees, disembarkation or embarkation fees in the ports and airports;
– exchange rates applied to the package in question.
For such changes, the method of calculation will be taken into account during the occurrence of changes and with the above-mentioned costs as specified in the data sheet of the catalogue, in the programmes not included in the catalogue and according to the possible and subsequent updates (that can be consulted online at the following address: www.edenviaggi.it, section “Cataloghi”) of the reference parameters. The changes of parameters shall be applied taking into account the related taxable bases expressly indicated in the data sheet of the catalogue or the programme not included in the catalogue.
The prices of the liner flights must always be understood to be denotative and they are always subject to the current fares, which are applied by the airlines when the booking is made. Except as otherwise requested when the flight ticket or tourist package are purchased – this package includes the liner flight- , the ticket will be issued when the booking is made. The postdated issue of the ticket may include a change of its price, caused by the adaptations applied by the airline.
As it is expressly indicated in the data sheet (art. 8), the Tour Operator reserves its right to apply and request to the consumer the payment of the administration expenses of review/actual change.
If the customer does not accept the proposition of change stipulated in paragraph 1, the tourist may exercise in a different manner his right to reacquire the amount he already or to enjoy the offer of an alternate tourist package according to 2nd and 3rd paragraphs of article 10.
In case of cancellations different from the ones caused by force majeure, accidents or by unsuccessful completion of the minimum number of participants, as well as due to cancellations different than the unsuccessful acceptance of the alternate granted tourist package by the tourist, the organizer which cancels the contract, (Art. 33 lett. and Cod. Cons.) will reimburse to the tourist the twofold of the amount paid by him and cashed in by the organizer, by means of the travel agent.
The amount to be reimbursed will never exceed the twofold of the amounts owed by the tourist, equal on that day, according to art. 10, paragraph 4, in the event that he was the person to cancel the contract.
If it is not possible to find an alternative solution, or the alternative offered by the organizer has been refused by the tourist for honest and just reasons, the organizer will give, without a supplement in price, means of transport equivalent to that originally booked for the return to his departure location or to a different location to be agreed upon, compatible with the availability of means and the spots available, and the consumer will be reimbursed the difference between the cost of the expected services and those services rendered up until the moment of anticipated return.
The consumer transferor and the transferee are jointly liable for the payment of the balance due as well as the costs specified in letter d) of this article.
The subsequent methods and conditions of substitution are mentioned in the technical data.
We specify that in some cases (according to art. 944 of the Navigation Code), the substitution will be possible only with the consent of the carrier.
The foreign citizens shall receive the corresponding information by means of their embassies and consulates present in Italy and/or the related official governmental information channels. In any case, before the departure, the tourists shall check the update made by the competent authorities (for the Italian citizens – the local police departments or the Ministry of External Affairs by means of the site www.viaggiaresicuri.it or the Automatic Operative Exchange at the number 06.491115) complying with those requirements before the departure.
If the tourists do not check the update, the travel agency or the organizer will not be held liable for the impossibility to travel of one of more tourists.
The tourists must inform the travel agency and the organizer on their citizenship and in the day of departure they must definitely accept to receive certificates of vaccination, the passport and any other valid document for all states included in their itinerary, as well as stay visas, transit visas and any possible required health certificates. By purchasing the package, the tourist states he read and assessed independently the information regarding the health and safety status of the States of destination and therefore, the objective use of purchased services for which he completely assumes the risk of non objective use or the subjective use in case of social, health or natural events that may be checked between the package purchase date and the period of time set for the stay.
Furthermore, the tourists must comply with the rules of prudence and diligence as well as with those specified by the destination country, with all the information supplied by the organizer, as well as the administrative or legislative regulations relative to the tourist package.
The tourists will be called upon to respond to all damages that the organizer and/or the travel agency would be affected by the failure to comply with the above-mentioned obligations.
The consumer is obliged to supply the organizer with all documents, information and elements in his possession used in cases of third-party damage whereby the organizer is responsible for claims of subrogation.
Furthermore, the consumer will communicate in writing to the organizer in the event of the reservation, the particular personal requests that can be specifically agreed upon to the conditions of the trip, always dependent on whether these are, in fact, possible to fulfill.
The tourist must always inform the Seller and the Organizer on his possible and particular requirements (pregnancy, food intolerances, disabilities, etc…) and to specify clearly his requirement of customized services. The tourist states and acknowledges that he undertakes full responsibility regarding the actions of the Travel Agency selected by himself in relation to the received information, at the delivery of documents and for the accurate and precise payment of the amount due to EDEN s.r.l. for the tourist services he booked/purchased. If that amount due is not paid, EDEN s.r.l. will be entitled to terminate the travel contract according to the law by means of sending a simple communication to the Travel Agency.
The travel agency who made the tourist-package booking does not respond in any case to the original obligations made by the trip organizer but is exclusively subject to the original obligations in its quality as intermediary and nevertheless, it is expected to act within the limits imposed by such responsibility, according to law.
The organizer and the travel agency are exonerated from the respective responsibility (articles 15 and 16 of these General Conditions), when the failed or incorrect execution of the contract can be attributed to the tourist or it is dependent upon an unforeseeable or inevitable character, or by unforeseen circumstances or force majeure.
Moreover, the tourist must make a complaint using the postal form that shows proof of receipt to the organizer, within and not exceeding ten working days from the date of return of the tourist from the location of departure, under penalty of the cancellation of the contract.
The Fund’s methods of intervention are set by means of the decree of the Ministers’ Council Chairman on July 23, 1999, no. 349 and the reimbursement applications sent to the Fund are not subject to any forfeiture clause.
The organizer participates to the supply of that Fund within the extent set by paragraph 2 of the afore-mentioned art. 51 of the Code of Tourism.
Contracts offering just one service of transport, stay, or rather some other separate tourist service, not necessarily configured in a way usually negotiated by travel organizations or rather under tourist packages, are overseen by the following dispositions of CCV: art. 1, no. 3 and no. 6; art. 17 – 23; art. 24 – 31 (limited to parts of such dispositions that do not refer to the contract of the organization) as well as to other agreements specifically referring to the sale of a single service or object within the contract.
The travel agency undertaking to provide a disaggregated tourist service to third parties, even by using remote systems, must give the documents related to this service to the tourist, that specify the amount paid for the service and it cannot be considered a travel organizer in any way.
Such contracts are subject to the above-mentioned clauses of the general contract conditions of sale for tourist packages: art. 6 paragraph 1; art. 7 paragraph 2; art. 13; art. 18. The application of such clauses does not absolutely determine the configuration of the relative contracts of the kinds of tourist packages typically put together. The terminology of the mentioned clauses afferent to the tourist package contract (organizer, trip etc.) is understood as relating to the corresponding forms of the sale contract for single tourist services (seller, stay, etc.).
At booking, the tourist will pay a deposit of 25% of the tourist package price. The amount shall be paid within and not exceeding 45 days before the departure date.
8.1. The prices and their currently valid related changes, included in the catalogue or in the subsequent changes or the price list are always expressed in euro and are calculated according to the exchange rates, fuel price and carbon tax estimated on the day of the valid price determination.
Liner flights: In case of instant issue of the airline ticket, the charged price includes the adjustments made by the airline company until the issue date and excludes the enforceability of any possible adjustments after the issue date of the airline ticket.
In case of postdated issue of the airline ticket as regards the date of travel contract conclusion, the ticket price shall be subject to fuel/exchange price adjustments made by the airline company; the consumer must pay the amount related to a possible airline ticket price change made by the airline company and communicated by Eden S.r.l. to the travel agency selected by the consumer.
Administration expenses of review/practical change for adjustment: up to a maximum 40 € per file.
Cancellation made by the tourist (art. 10)
The tourist who cancels the contract before the departure, excluding the hypotheses listed in the first paragraph of art. 10 of the General Conditions, will be charged with the following cancellation penalties:
10% of the tourist package price within 30 working days before the departure;
25% of the tourist package price within 29 – 21 working days before the departure;
50% of the tourist package price within 20 – 11 working days before the departure;
75% of the tourist package price within 10 – 3 working days before the departure;
100% of the tourist package price after those terms.
The changes and cancellations of liner flights and ferryboats are subject to the penalties stipulated by the airline and navigation companies, according to the applied tariff and could be different than those presented in this art. 10 of the technical data.
As regards the liner flights, in addition to these penalties, the penalties required by the airline company shall apply. The penalty for cancellation occurring within 30 working days before the departure includes: an amount equal to the package price from which it is deducted the value of the single stay obtained by multiplying the number of days of stay by the fee indicated in the catalogue, price list, as “additional nights” in addition to an amount equal to 10% of the above-mentioned single stay value.
In case of pre-established groups, the penalties stated above shall be agreed upon a regular basis after the signature of the contract.
The available trips in the destination cities and described in this catalogue may be changed significantly by the local organizers and after they are purchased by the travelers during the stay, they do not represent the object of the travel package sold by Eden Viaggi. Eden Viaggi assistants whom you will find on the spot will help you to make the booking and purchase the trips that you intend to make but Eden Viaggi shall not be held liable in any case for the provision of the services or trips not organized or sold by Eden Viaggi. Therefore, in case of inconveniences related to the provision of the service, we suggest you to file any possible complaints or applications for compensation immediately and directly on the spot to the organizer indicated on the booking voucher. We recommend you to send your complaints and applications exclusively to the certified operators according to the local laws, the unauthorized operators may have lower prices but the risks of disservice and of the failure to perform their duties and/or that of occurrence of different types of accidents are extremely high.
The data shall be communicated solely to the service providers stated in the tourist package.
The customer will always be able to exercise the rights stipulated in art. 7 of the Legislative Decree no.196/03 by contacting Eden Viaggi Tour Operator, Via degli Abeti 24, 61122 Pesaro, the holder of the personal data processing.