General terms & conditions

General contractual conditions

1. Object and scope
The underlying General Conditions regulate, jointly with the information which is available on the website www.sardinianatour.com, the use and fruition of the services offered by Sardinia Natour of Katrin Monika Thomas, VAT-no. 02928690920, with legal seat in Cagliari, on Via Domenico Millelire 1, listed in the Regional Register of Travel and Tourism Agents of Sardinia, Authorization no.11304, PEC (certified e-mail): sardinianatour@messaggipec.iteut

2. Definitions
By “Traveler” must be intended the natural or legal person who requests, for himself or for third parties, the performance of tourist services which are offered on the website referred to above by Sardinia Natour.

By “Tourist Services” must be intended, in addition to what is stipulated in art. 33 of the Tourism Code as specified under heading 3) below, merely by way of example and without being exhaustive, the on-line reservation and purchase through the website www.sardinianatour.com of stays in Hotels, Bed & Breakfasts, Homes, Resorts, Villas, Agriturismos in Sardinia, besides possible excursions; the reservation and purchase of car rental services;

3. Governing regulations
The contract between Sardinia Natour and the Traveler is governed, besides by the agreements contained in the present contract, by the provisions of legislative decree D. Lgs. of 23 May 2011, no.79 (Tourism Code) as incorporated and amended by decree D. Lgs. of 21 May 2018, no.21.

4. Reservation
The client can request the reservation of the tourist services published on the website in the following ways:
– on-line, through the website www.sardinianatour.com, by sending an e-mail with a request to booking@sardinianatour.com;
– by telephonically contacting the number +39 070 2040391 during the opening hours and days, whereby is communicated an e-mail address or a fax number to receive the requested quotation;
– by requesting the forwarding of the travel contract and the general conditions with indication of the down payment by e-mail in PDF-format.

Following the reservation request, Sardinia Natour will send the Traveler by e-mail or fax the quotation for the requested services, indicating availability, conditions, mode of payment and the definitive and binding prices, given the fact that the prices which are listed on the website www.sardinianatour.com are purely indicative and subject to modification without prior notice.

The contractual proposal contained in the on-line quotation as sent to the Traveler upon request, is considered accepted, exclusively, at the moment when Sardinia Natour receives from the former:
a) the integral acceptance of the general conditions (through the acceptance procedure by clicking on the associated hypertext link of the website which allows to display and approve of the general conditions);
b) payment of the down payment as indicated in the quotation;
c) the integral acceptance of the general conditions and of the contract sent in PDF on request of the Traveler and/or the payment, by way of a down payment, of the sum specified in the contract.
Failure to accept the general conditions or the failure to settle the down payment will entail the contract not being concluded and the consequent delivery of the requested tourist service not taking place.

The price indicated in the quotation does not include any possible tourist taxes as are laid down in the local and/or regional regulations. Sardinia Natour will render the traveler aware, merely with the purpose of informing, of the existence of a tourist tax which is payable upon arrival.

Erroneous or incomplete elements could lead to the cancellation of the reservation and to the charging of a penalty sum to cover the administrative costs incurred by Sardinia Natour for the rectification or the cancellation of the reservations which were made.

The Traveler, upon reserving, is furthermore obliged to communicate to Sardinia Natour a mobile phone number to be used in case of necessity and emergency, so as to be able to offer services, ever more swift and efficient, in connection with reservations which are made, and never for promotional purposes.

The traveler is obliged to communicate to Sardinia Natour at the moment of reservation if one of the passengers has a handicap or has specific needs for assistance. Sardinia Natour will communicate such requirements to the suppliers, without assuming any responsibility in case they fail to accommodate them.
Sardinia Natour will have the right, at its sole discretion, not to accept a request for reservation which is made through the website www.sardinianatour.com

5. Payment
The traveler who has accepted the quotation commits himself to payment of the sum, by way of a down payment of the price, to the degree and by the modalities indicated in the conditions which are applied by the third-party supplier of the service (all tourist accommodations which are publicized on the website www.sardinianatour.com establishes rates, time limits, and

penalties for the settlement of payment).
Failure to settle the down payment within the requested terms will lead to the automatic cancellation of the reservation.
Upon receipt of the down payment, Sardinia Natour will send the traveler written confirmation (a voucher), by e-mail or fax, in which the terms of the requested service and the peremptory term within which the traveler, on pain of the cancellation of the reservation, will have to provide for the transfer of the balance in the amount of 75% (seventy-five percent).
The payment can be made by way of credit or debit card (VISA or Mastercard), on-line, through PAYPAL (or other virtual POS as made available by the operator) incorporated in and connected with the e-commerce platform of Sardinia Natour. Payment by credit card may entail surcharges on the price, depending on the commission requested by the bank circuit issuing the credit card of the traveler.

Sardinia Natour does not assume any responsibility in case it is impossible to follow through the payment procedure through Virtual POS or in the event the holder of the credit card turns out not to have the codes for the security system for on-line transactions, Secure Code of Mastercard and Verified of Visa.

In case of reservations which are managed telephonically or in case expressly requested by the client, Sardinia Natour will be able to implement a payment transaction with credit card telephonically with its operator, or by way of a bank transfer to the benefit of Sardinia Natour.

SARDINIA NATOUR
Banca Intesa San Paolo
IBAN: IT85Y0306904856100000004075
BIC: BCITITMM
Filiale: Filiale Di Largo Gennari 09129 Cagliari (CA)

Sardinia Natour reserves itself the right to reject and cancel reservations associated with modes of payment which result in payment less than 8 business days before the date of implementation of the service.

The Traveler must indicate in a clear manner in the memo line the reservation number stated on the voucher. In the absence of the payment reference, Sardinia Natour will be unable to attribute the sum.

In case payment is made by way of bank transfer it is advised, in order to expedite the processing time of the payment, to send a copy of the transaction by e-mail to booking@sardinianatour.com. The reservation voucher will be sent to the Traveler by e-mail within three business days following the crediting of the bank transfer which was made.

6. Special offers and last-minute or -second offers
In derogation to the payment modes laid down in art. 5, Sardinia Natour reserves itself the right to make special offers, also referred to as so-called “Non-refundable Offers”, subject to payment conditions which are different and more advantageous for the Traveler (by mere way of example, to be able to enjoy said offers, Sardinia Natour may ask the immediate payment of 50% of, or the entire price, specifying that said price will under no circumstance be refundable).

Sardinia Natour furthermore reserves itself the right to make last-minute and last-second offers, with respect to the supply of tourist services which has already commenced, with the emphatic consent of Sardinia Natour, before expiry of the term within which the right of withdrawal can be exercised. In said hypothesis, in the quotation supplied by Sardinia Natour will be expressly indicated in written form, the exclusion of the right of withdrawal for the Traveler.

7. Arrivals and Departures, supplements and reductions, accommodations and number of guests
In the quotation and in the voucher of confirmation, as sent upon receipt of the down payment, are stated the time windows within which check-in and check-out are possible at the tourist accommodations, holidays homes or rooms which have been reserved. Any possible requests for arrivals or departures at different hours than those indicated must be communicated upon reservation, that is, announced with due notice before the start of the stay. The management of the accommodation reserves itself the right, as is compatible with the own organizational requirements, not to accept said requests, or otherwise to subject acceptance to a cost supplement.

For the application of surcharges and reductions effective for children and youngsters, the age taken into consideration is that of the traveling minor at the moment of the start of the stay (for instance, a youngster will be able to enjoy a reduction for children between six and twelve only, if he has not reached the age of twelve yet at the moment of the start of the stay). To that effect, it is specified that the management of the tourist accommodation is authorized to request an identification document and to demand due compensation in the event of lack of correspondence between the age of the guest and what was declared upon the act of reserving.

In the quotation and on the voucher of confirmation is indicated the exact number of guests of the tourist accommodation and/or holiday home which has been reserved, including the children, and in case of a number of participants exceeding said number, each person not included in the list will have to pay the same rate which was settled by the other participants of the trip, on pain of the rescission of the travel contract with the consequent loss of the accommodation and of the sum deposited under the title of down payment. The management of the accommodation has the right not to accept persons who turn out not to be included on the list stated on the voucher. The travelers, including the children, are obligated to provide the accommodation with their identification documents, so as to guarantee compliance in the field of public security. It is preferable, on organizational grounds, to communicate said documents in advance to the accommodation through Sardinia Natour.

8. Complaints
The traveler must protest without delay against any shortcoming in the execution of the contract so that either Sardinia Natour in its capacity of intermediary or the tourist accommodation can immediately provide remedy. The complaint must be communicated to Sardinia Natour, on Via Domenico Millelire 1, 09124 – Cagliari, by way of registered mail with confirmation of receipt or by way of PEC (certified e-mail; sardinianatour@messaggipec.it) within and no later than ten business days from the date of return.

9. Substitution
The traveler or other person indicated in the contract, to the extent compatible with the organizational needs of the tourist accommodation which provides the tourist service, has the possibility to have himself substituted by another person, on condition Sardinia Natour is informed in writing, no later than 4 (four) business days prior to the date established for departure, of the details of the individual who will make use of the tourist services in the place of the person renouncing, who will nevertheless have to be in possession of all requirements necessary to be able to make use of said services (documents, passport, visa, medical certificates, etc.) and bear the costs resulting from substitution as they will be communicated by Sardinia Natour.

The renouncing traveler is liable severally and jointly with the substituting traveler for the settlement of the balance of the price as well as of any such additional expenditures as may result from substitution.
Sardinia Natour will not be responsible in case of the refusal to accept said substitution by the tourist accommodation and will communicate such to the traveler before departure.

10. Villas and homes with private swimming pool
Sardinia Natour informs the traveler that the villas and private homes with a swimming pool does not have the obligation to guarantee the presence of a lifeguard or other person charged with the responsibility of surveillance. The traveler is therefore invited to apply all caution when using the swimming pool, to scrupulously observe the regulations governing use, if available, as exposed at the swimming pool itself, and to observe the general rules of common sense, such as the avoidance of taking a bath after eating and during digestion, to prevent children from entering without the parents being present, to walk along the side of the pool with all due attention to avoid accidental falling, to take note of the signs indicating the depth of the pool, to apply the common standards of hygiene before, during, and after using the swimming pool.

Sardinia Natour rejects any responsibility for damage deriving for the traveler from the use of the swimming pool in connection with a lack of observance of the caution and precautions mentioned above.

11. Arrangement of responsibilities
Responsability in the capacity of intermediary
Sardinia Natour acts in the capacity of intermediary, limiting itself to the publication and reservation of services provided by third parties.

In case of the purchasing of individual tourist services (that is, tourist services which do not constitute a tourist package, such as, for example, a single stay at villas, holiday homes, resorts), through the mediation of the website www.sardinianatour.it, Sardinia Natour acts in the capacity of intermediary (on-line travel agency), verifying the availability of its own suppliers to sell their own products and making them available to the traveler on the website itself and it is solely responsible for the obligations flowing from said capacity within the limits as they are stipulated by the applicable regulations and, nevertheless, exclusively in case the contracting party provides proof of conduct on its part which is gravely negligent with regard to its choice of supplier for the Tourist Service in question.

In said hypotheses, therefore, Sardinia Natour is not responsible for injuries incurred by the Traveler as a result of defects in the organization of the purchased tourist service (such as, merely as an example, objections against the standard of quality of the accommodation which does not correspond with what is publicized by the supplier, or with respect to hygienic conditions, the presence of animals at the accommodations, etc.), but only for non-compliance with the obligations deriving from the assignment contract, consisting of errors in the reserving of requested services, of the inaccurate delivery or compilation of documents, and of the omitting of information for the Traveler regarding the latter, with reference to the mandatory obligations for the execution of the service and to the possible risks and inconveniencies connected therewith.
Sardinia Natour, with the purpose of its safeguarding in the event of contractual non-compliance, will provide the Traveler who requests such with any useful detail to identify the supplier of the tourist service.

Responsability in the capacity of organizer
In the event that Sardinia Natour sells tourist packages through the website www.sardinianatour.it, it acts in the capacity of organizer/Tour Operator. In said hypothesis, Sardinia Natour offers the Traveler, if so stipulated in the reservation, a tourist service, including transfers from the place of arrival in Sardinia (port or airport) to the tourist accommodations of stay, and possible excursions, visits, and transfers during the full course of the stay.

To the offering of the sale of tourist packages is applicable the regulation pursuant to the legislative decree D. Lgs. of 23 May 2011, no.79 (Tourism Code) as incorporated and amended by decree D. Lgs. of 21 May 2018, no.21.
In case of the sale of tourist packages, Sardinia Natour can be held accountable for any injury incurred by the Traveler as a result of non-compliance with the obligations of organizing the trip or the incorrect execution of the tourist services laid down in the package.

Sardinia Natour will not be responsible in the event it is impossible to make use of the purchased service for reasons of force majeure, or in situations linked to events which do not depend on the supplier and which cannot either be predicted by applying normal diligence such as, as a mere example and not limited to, events involving war, civilian or military unrest, riots, plundering, acts of terrorism, health-related crises, earthquakes, flooding, tidal waves.

To view the regulations of the tourism code applicable in the field of travel contracts, mediation and organization, click here

12. Modifications / cancellations / penalties
The Traveler, before proceeding with his reservation and purchase, is invited to carefully view the cancellation and modification conditions of the third-party supplier of the service. Those conditions are appropriately specified in the quotation and the voucher of reservation which is sent to the traveler.

In any case, considering that the sale of said services publicized on the website www.sardinianatour.com is not offered by the intermediary Sardinia Natour, but by third parties, such sale is therefore regulated by the conditions which are applied by the third-party supplier of the service. As a result, the traveler takes note of and accepts the general sales conditions and the penalties which are applied by the supplier as they are expressly included in the user conditions related to the purchased tourist services (in the event they are not indicated in the quotation and in the voucher of the reservation which is sent to the traveler).

The requests for cancellation and modification must be undersigned and communicated by the traveler by e-mail at the e-mail address booking@sardinianatour.com or telephonically to the Reservations Services of Sardinia Natour at the number +39 070 2040391 during office hours (from Mondays to Fridays from 08.00 AM to 8.00 PM, holidays, Saturdays and Sundays from 08.00 AM to 06.00 PM) and they can only be considered completed at the moment when Sardinia Natour has received notification of it.

Cancellation entails the application of a penalty over the entire price of the stay as indicated in the voucher of the reservation.
Any possible modifications or cancellations communicated by the Traveler to the supplier directly will not be regarded valid and may be charged in full by Sardinia Natour to the Traveler.

No reimbursement will be attributed to the traveler who is unable to conduct the reserved trip for lack of travel documents (passport, residence permit, visa, etc.), despite being correctly informed by Sardinia Natour, or in case he arrives late for reasons which cannot be attributed to Sardinia Natour (for instance, strikes or other issues encountered during the voyage). Should the client decide to interrupt a stay that has already started, no reimbursement is possible.
In case of a request for the modification of a reservation which was made, Sardinia Natour reserves itself the right to accept such request and to apply an additional commission for the expenditures which are required for the alteration.

13. Insurance
Sardinia Natour is covered by an insurance contract for civil responsibility for the benefit of the Traveler, for the compensation of damages, as stipulated with the insurer europ assistance with policy no. 9341718.

14. Applicable legislation and competent court
The present contract is entirely governed by Italian law also if implemented in its totality or partially abroad. For any dispute inherent to the interpretation or implementation of this contract or in any case connected to the use of the Service, the court of law of the place of establishment of the contracting party who is a consumer, or in case of a contracting party who is not a consumer exclusively the Court of Cagliari, is competent.
Communication obligation in the sense of art. 16 of Law L. 269/98. Italian Law punishes by imprisonment crimes related to prostitution and to child pornography, even if these have been committed abroad.

Applicable regulations

Extract from art. 33 of the Tourism Code, in the sense of which is intended by:
a) “tourist service”
1) the trasport of passengers; accommodation which does not constitute an integral part of the transport of passengers and is not intended for residential purposes, nor for long-term language courses;
2) the renting of cars, of other motor vehicles in the sense of the decree of Ministry of infrastructure and transport of 28 April 2008, published in the Official Journal of the Italian Republic no. 162 of 12 July 2008, or of motorcycles which require a driving license in category A, pursuant to legislative decree of 16 January 2013, no. 2;
3) any other tourist service which does not constitute an integral part of the tourist services as under points 1), 2) or 3), and which is not a financial or insurance service;
b) “supplementary tourist service”: additional services such as, for example, the transport of luggage provided for in the context of the transport of passengers; the use of paid parking in the context of stations or airports; the transport of passengers over short distances on the occasion of guided tours or the transfers between a tourist accommodation and a travel station by other means; the organization of entertainment- or athletic activities; the supply of meals, drinks, and of cleaning services within the framework of the accommodation; the use of bicycles, skis, and other facilities of the tourist accommodation or the access to facilities on location, such as swimming pools, beaches, gyms, saunas, wellness centers or thermal baths, including those for clients of the hotel; any other typical supplementary service according to local practice as well;
c) “package”: the combination of at least two different tourist services for the purpose of the same trip or the same vacation, on condition at least one of the following conditions pertains:
1) such services are combined by a single operator, also if on request of the traveler or in accordance with a selection of his, before a single contract for all the services is concluded;
2) such services, also if concluded with distinct contracts with single suppliers of tourist services, are:
2.1) purchased from a single sales point and selected before the traveler consents to payment;
2.2) offered, sold, or invoiced for a lump-sum or overall price;
2.3) publicized or sold under the denominator of “package” or a similar denomination;
2.4) combined after conclusion of a contract by which the operator allows the traveler to choose from a selection of various types of tourist services, or purchased from distinct operators through linked reservation processes by computerized means where the name of the traveler, the payment details, and the electronic mail address are transmitted by the operator with whom the first contract is concluded to one or more operators and the contract with the latter operator or operators is concluded no later than 24 hours after the confirmation of the reservation of the first tourist service;
d) “contract for a tourist package”: the contract regarding the entire package or, if the package is supplied on the basis of distinct contracts, the whole of contracts concerning the tourist services included in the package;
e) “start of the package”: the start of the implementation of the tourist services included in the package;
f) “linked tourist services”: at least two differing types of tourist services for the purpose of the same trip or the same vacation, which do not constitute a package and which entail the conclusion of distinct contracts with the single suppliers of tourist services, in case an operator, alternatively:
1) at the moment of a single visit or a single contact with the own sales point, enables the distinct selection and the distinct payment of each tourist service by the traveler;
2) or the targeted purchase of at least an additional tourist service from another operator in case such purchase is concluded within 24 hours after the confirmation of the reservation of the first tourist service;
g) “traveler”: whoever intends to conclude a contract, stipulates a contract, or is authorized to travel pursuant to a concluded contract, in the context of the application of the present heading;
h) “operator”: any natural or legal person, public or private, who, in the context of his commercial, industrial, artisanal, or professional activities, acts, in the contracts which are the object of the present heading, also through another person who operates in his name or for his account, in the capacity of an organizer, vendor, operator who facilitates associated tourist services or of a supplier of tourist services, in the sense of the applicable regulations;
i) “organizers”: an operator who composes packages and sells them or offers them for sale directly or through, or jointly with another operator, or the operator who transmits the data regarding the traveler to another operator in conformity with letter c), number 2.4);
l) “vendor”: the operator, other than the organizer who sells or offers for sale packages combined by an organizer;
m) “establishment”: the establishment defined in article 8, subparagraph 1, letter e), of the legislative decree of 26 March 2010, no. 59;
n) “durable medium”: any device which allows the traveler or the operator to retain the information which was sent to him personally so as to allow him to accede to it in the future for a period of time which is adequate for the purposes it is intended for and which permits the identical reproduction of the memorized information;
o) “inevitable and exceptional circumstances”: a situation which is outside the control of the party appealing to such situation and the consequences of which would not even have been avoided by adopting all reasonable measures;
p) “lack of conformity”: non-compliance with the tourist services included in a package;
q) “under-aged”: person younger than 18;
r) “sales point”: any place, mobile or fixed, carrying out retail sales or a website for retail sales or a similar tool for on-line sales, also in case websites for retail sales or tools for on-line sales are presented to the traveler as a single tool, including the phone service;
s) “return”: the return of the traveler to the location of departure or other place established by the contacting parties.
2. Not considered a tourist package is a combination of tourist services among which are included one or more of the types of tourist services as under subparagraph 1, letter a), numbers 1), 2), or 3), combined with one or more of the tourist service as under subparagraph 1, letter a), number 4), if such latter services do not comprise a component equal to or above 25 percent of the value of the combination and they are not publicized nor otherwise represent an essential element of the combination, or they have only been selected and purchased after the start of the implementation of a tourist service as under subparagraph 1, letter a), number 1), 2), or 3).
3. The separate invoicing of the elements of a single package as under subparagraph 1, letter b), does not relieve the organizer or the vendor from the obligations pursuant to this heading.
4. The purchase of one of the types of tourist services as under subparagraph 1, letter a), number 1), 2), or 3), with one or more of the tourist service as under subparagraph 1, letter a), number 4), does not constitute an associated tourist service if these latter services do not represent a substantial part, equal to or above 25 percent of the combined value of the services and they are not publicized as an essential element of the trip or the vacation and do not constitute, in any case, an essential element thereof.

Information obligations and content of a tourist package contract

Art. 34 (Pre-contractual information)
1. Before the conclusion of a tourist package contract or of a corresponding offer, the organizer and in the event the package is sold through a vendor also the latter, provide the traveler with the relevant standard information form as under appendix A, part I or part II, to the present Code, as well as the following information: a) the main characteristics of the tourist services, such as:
1) the destination or the destinations of the trip, the itinerary and the periods of stay with the associated dates and, if accommodation is included, the number of nights included;
2) the means, the characteristics and the categories of transport, the places, dates, and timetable for departure and return, the duration and the place of intermediary stopover and connections; in case the exact timetable has not been established yet, the organizer and, if applicable, the vendor, inform the traveler of the approximate timetable for the departure and the return;
3) the location, the main characteristics and, where required, the tourist category of the accommodation in terms of the regulations of the country of destination;
4) the meals to be supplied;
5) the visits, the excursions or other services included in the total agreed price of the package;
6) the tourist services provided to the traveler on grounds of him being part of a group and, in such case, the approximate size of the group;
7) the language in which the services are provided;
8) if the trip or the vacation is suitable for persons with reduced mobility and, upon request of the traveler, exact information on the suitability of the trip or vacation which takes into consideration the requirements of the traveler;
b) the trade name and the geographic address of the organizer and, if applicable, of the vendor, their phone details and e-mail addresses;
c) the total price of the package including taxes and all levies, duties and other additional costs, whereby are included any possible administrative costs and those of managing the paperwork, or, in case those cannot reasonably be calculated before conclusion of the contract, an indication of the type of additional costs which the traveler may still have to bear;
d) the modes of payment, including the possible sum or percentage of the price which is to be transferred as a down payment and the schedule for payment of the balance, or the financial guarantees which the traveler is bound to settle or provide;
e) the minimal number of persons required for the package and the term pursuant to article 41, subparagraph 5, letter a), before the start of the package for the contract to be rescinded in case of the failure to attain that number;
f) information of a general nature concerning the conditions in the field of passport and visa, including the approximate time required to obtain visas and the health-related formalities of the country of destination;
g) information on the rights of the traveler to withdraw from the contract at any time before the start of the package against payment of adequate withdrawal costs or, if applicable, of standard withdrawal costs required by the organizer in the sense of article 41, subparagraph 1;
h) information on the voluntary or obligatory underwriting of an insurance which covers the costs of unilateral withdrawal from the contract on the part of the traveler or the costs of assistance, including return, in case of an accident, disease, or decease;
i) details of the coverage pursuant to article 47, subparagraphs 1, 2, and 3.
2. For the tourist package contracts as under article 33, subparagraph 1, letter d), stipulated telephonically, the organizer or the operator provides the traveler with the standard information as in appendix A, part II, to the present contract, and the information as under subparagraph 1.
3. As regards the packages purchased from distinct operators as in article 33, subparagraph 1, letter c), number 2.4), the organizer and the operator to whom are transmitted the data guarantee that each of them provides, before the traveler is bound by a contract or by a corresponding offer, the information listed under subparagraph 1, to the extent it is relevant to the respective tourist services which are offered. Simultaneously, the organizer also provides the standard information of the form as in appendix A, part III, to this code.
4. The information as under subparagraphs 1, 2, and 3 is provided in a clear and precise manner and, where they are provided in writing, they must be legible.

Art. 35 (Binding character of the pre-contractual information and conclusion of the tourist package contract).
1. The information provided to the traveler in the sense of article 34, subparagraph 1, letter a), c), d), e), and g), constitutes an integral part of the tourist package contract and cannot be modified except through the explicit agreement of the contracting parties.
2. The organizer and the vendor communicate to the traveler all modifications to the pre-contractual information in a clear and evident manner before conclusion of the tourist package contract.
3. If the organizer and the vendor do not have complied with the obligations in the field of information regarding taxes, duties, or other additional costs as in article 34, subparagraph 1, letter c), before the conclusion of the tourist package contract, the traveler is not bound to settle such costs.

Art. 36 (Content of the tourist package contract and documents to be provided before the start of the package). –
1. The tourist package contracts are stipulated in simple and clear language and, wherever provided in written form, legible.
2. At the moment of conclusion of the tourist package contract or, in any case, as soon as possible, the organizer or the vendor provides the traveler with a copy or a confirmation of the contract on a durable medium.
3. The traveler is entitled to a paper copy in case the tourist package contract was stipulated in the simultaneous physical presence of the parties.
4. As far as contracts which are negotiated outside commercial establishments are concerned, as defined in article 45, subparagraph 1, letter h), of the legislative decree of 6 September 2005, no. 206, a copy or the confirmation of the tourist package contract is provided to the traveler on paper or, if the traveler approves, on another durable medium.
5. The tourist package contract or its confirmation contains the entire substance of the agreement, comprising all information as under article 34, subparagraph 1, as well as the following:
a) the specific requests of the traveler as have been accepted by the organizer;
b) a statement attesting to the fact that the organizer is responsible for the exact implementation of all tourist services included in the contract in the sense of article 42 and is bound to provide assistance in the event the traveler has the type of trouble as in article 45;
c) the name and details, including the geographic address, of the subject charged with providing protection in case of insolvency;
d) the name, the address, the phone number, e-mail address and, if available, the fax number of the local representative of the organizer, of a contact point or of another service which allows the traveler to communicate rapidly and efficiently with the organizer to ask for assistance or to communicate any possible complaints regarding lack of conformity encountered during the implementation of the package;
e) the fact that the traveler is bound to communicate, without delay, any possible instances of non-conformity identified during the implementation of the package in the sense of article 42, subparagraph 2;
f) in case of under-aged persons who are not accompanied by a parent or other authorized person, who travel based on a tourist package contract which includes accommodation, the information which allows to directly contact the under-aged person or the person responsible for the under-aged person, at the place of stay;
g) information regarding the existing procedure for the handling of complaints and the mechanisms for an alternative resolution of disputes (ADR – Alternative Dispute Resolution), in the sense of the legislative decree of 6 September 2005, no. 206 and, if available, regarding the ADR body which the operator is subject to and the on-line dispute settlement platform in the sense of regulation (EU) no. 524/2013;
h) information on the right of the traveler to transfer the contract to another traveler in the sense of article 38.
6. As regards the packages purchased from distinct operators as under article 33, subparagraph 1, letter b), number 2.4), the operator to whom the data are transmitted informs the organizer of the conclusion of the contract which will entail the creation of a package and provides the organizer with the information which is necessary to comply with his obligations. The organizer provides the traveler forthwith with the information as under subparagraph 5 on a durable medium.
7. The information as under subparagraphs 5 and 6 are presented in a clear and precise manner.
8. In due time prior to the start of the package, the organizer provides the traveler with the necessary receipts, vouchers and tickets, information on the expected timetable for departure and the final term for acceptance, as well as the timetable for intermediate stopovers, for connections, and for arrival.

Art. 37 (Burden of proof and prohibition of providing misleading information). –
1. The burden of proof related to compliance with the information obligations as under the present section falls to the operator.
2. It is nevertheless prohibited to provide misleading information on the particulars of the service offered, on the price, as well as on other elements of the contract, regardless of the means through which such information is communicated to the traveler.

Art. 50, 51, and 51bis of the Tourism Code, regarding the responsibility of the vendor:
Art. 50 1. The vendor is responsible for the implementation of the assignment granted him by the traveler through the holiday-mediation contract, regardless of the fact whether the performance is executed by the vendor himself, by his helpers or responsible persons when acting from the exercise of their functions, or by third parties whose services he uses, whereby the fulfillment of the assumed obligations must be evaluated with due regard for the diligence required for the exercise of the corresponding professional activity.
Art. 51 1. The operator is responsible for the errors which are due to technical defects of the reservation system which can be attributed to him and, in the event he has accepted to organize the reservation of a package of tourist services which are included in associated tourist services, for errors committed during the reservation process.
2. The operator is not responsible for reservation errors which can be attributed to the traveler or which are due to inevitable and exceptional circumstances.
Art. 51-bis 1. The vendor is considered an organizer if, with regard to a tourist package contract, he fails to provide the traveler with, as pursuant to article 34, the relevant standard information form as under appendix A, part II or part III to the present Code, and the information regarding the trade name, the geographic address, the phone details, and the e-mail address of the organizer, or if he fails to inform the traveler that he is acting in the capacity of vendor.

Art. 42 of the Tourism Code, regarding the responsibility of the organizer for the incorrect implementation of the package and for the impossibility of implementing the package occurring during implementation.
1. The organizer is responsible for the implementation of the tourist services as stipulated by the tourist package contract, regardless of the fact whether such tourist services must be performed by the organizer himself, by his helpers or the persons responsible for it when acting from the exercise of their functions, or by third parties whose services he uses or by other providers of tourist services, in the sense of article 1228 of the civil code.
2. The traveler, in the sense of the articles 1175 and 1375 of the civil code, forthwith informs the organizer, directly or through the vendor, taking into account the circumstances of the case, of any possible lack of conformity identified during the implementation of a tourist service as stipulated by the tourist package contract.
3. If one of the tourist services is not carried out as agreed in the tourist package contract, the organizer remedies the lack of conformity, except if such turns out to be impossible or it turns out to be excessively onerous, taking into account the extent of the lack of conformity and the value of the tourist services involved in the defect. If the organizer does not remedy the defect, article 43 is applied.
4. With the exception of facts as under subparagraph 3, if the organizer does not remedy the lack of conformity within such reasonable term as is established by the traveler with respect to the duration and the characteristics of the package, through the filing of a complaint as under subparagraph 2, the traveler may personally resolve the defect and ask for the reimbursement of the necessary, reasonable and documented costs; if the organizer refuses to remedy the lack of conformity or if it is necessary to resolve it immediately, the traveler is not required to specify a term.
5. If a lack of conformity, in the sense of article 1455 of the civil code, constitutes non-compliance of non-minor importance regarding the tourist services included in a package and the organizer has not remedied it within a reasonable term as established by the traveler with respect to the duration and characteristics of the package, through the filing of a complaint as under subparagraph 2, the traveler may, without costs, legally rescind, with immediate effect, the tourist package contract or, if applicable, ask, in the sense of article 43, for a reduction of the price, barring nevertheless any possible compensation of damages. In case of the rescission of the contract, if the package comprised the transport of the passengers, the organizer also provides for the return of the traveler by a means of transport which is equivalent without any unwarranted delay and without any additional costs for the traveler.
6. Wherever it is impossible to assure the return of the traveler, the organizer bears the costs of the necessary accommodation, where possible in an equivalent category as was stipulated by the contract, for a period of no longer than three nights per traveler or for any such longer period as is stipulated by the regulation of the European Union regarding the rights of passengers, as applicable to the relevant means of transport.
7. The limitation of the costs as under subparagraph 6 is not applicable to persons of reduced mobility, as defined by article 2, paragraph 1, letter a), of the regulation (EC) no. 1107/2006, nor to their companions, to pregnant women, to unaccompanied under-aged persons, or to persons in need of specific medical assistance, provided that the organizer has been notified of their particular needs at least forty-eight hours prior to the start of the package. The organizer cannot appeal to inevitable and exceptional circumstances to limit the responsibility under the present subparagraph in the event the supplier of the transport service cannot appeal to the same circumstances as well in the sense of the applicable regulation of the European Union.
8. If due to circumstances which have occurred which cannot be attributed to the organizer, it is impossible to provide, during the course of implementation, a substantial part, as to the value or the quality, of the combination of the tourist services agreed on in the tourist package contract, the organizer offers, without any surcharge on the price at the expense of the traveler, alternative solutions of adequate quality, if possible equivalent or superior with respect to those specified in the contract, so that the implementation of the package can continue, including the possibility that the return of the traveler to the place of departure is not provided for as was established. If the proposed alternative solutions entail a package of inferior quality compared to the one specified in the tourist package contract, the organizer concedes the traveler an adequate reduction of the price.
9. The traveler can reject the proposed alternative solutions if they are not comparable to what was agreed on in the tourist package contract or if the conceded price reduction is inadequate.
10. If it is impossible to arrange for alternative solutions or if the traveler rejects the proposed alternative solutions, in conformity with what is indicated by subparagraph 8, a reduction of the price is awarded to the traveler. In case of non-compliance with the obligation as under subparagraph 8, subparagraph 5 is applied.
11. Wherever, due to circumstances which have occurred which cannot be attributed to the organizer, it is impossible to assure the return of the traveler as agreed in the tourist package contract, subparagraphs 6 and 7 are applied.