GENERAL CONDITIONS FOR THE ON-LINE PURCHASE OF SINGLE SERVICES AND TOURIST PACKAGES AND CONDITIONS FOR USING THE SALES PLATFORM
Table of contents
- User obligations
- General conditions of use of the website
- Website registration
- Intellectual property
- Duration and nature of the offer
- Prices, taxes and currency
- Revision of the price and tourist package
- Duration of the journey
- Booking acceptance
- Payment and billing
- Travel documents
- Administration and health formalities
- Minors
- EU and non-EU citizens
- Special rules for destinations or layovers
- Tourist package sale contract
- Accommodation contracts
- Transport contracts
- Car rental contract
- Other types of contract
- Liability
- Cancelling or modifying a booking
- Changing name
- Termination
- Modifying or cancelling the package prior to departure
- Assistance
- Complaint
- Insurance
- Applicable law and jurisdiction for non-EU travellers
- Obligatory communication pursuant to article 17 of Italian law no. 38/2006
Introduction
The tourist packages and services published on the website www.trueitalianexperience.it, which may be purchased on the e-commerce platform at www.go.trueitalianexperience (hereinafter the “Website”), and governed by these general conditions for the on-line purchase of single services and tourist packages and conditions for using the sales platform (hereinafter the “General Conditions”) are offered by the company TRUEITALIAN EXPERIENCE SRL (hereinafter also “TIE”), as exclusive professional.
TIE reserves the right to supplement and/or modify the General Conditions and publish them on the Website at any time.
TIE operates both as an intermediary in the sale of services and/or tourist packages offered by other vendors/organisers and as an organiser on its own, in compliance with all the applicable laws and regulations.
TIE responsibility is governed by the regulations referenced hereunder.
TIE is a company operating in the tourism sector performing the business of:
- production, organisation and intermediation of travel and accommodation and any other form of tourism service for clients with an innovative website for on-line booking;
- booking means of land, sea and air, lake and river transport;
- booking hotel and similar facilities;
- booking tourist, sports, recreational attractions and experiences;
- booking rentals of vehicles and other individual or collective means of transport.
TIE, through its website, provides the User – based on requests and searches made on line by the latter – with a proposal for travel or services or tourist packages, for the payment of consideration for the service offered.
Tourist packages are regulated by the Code of Tourism, specifically by art. 32 to 51 - novies as amended by Legislative Decree 21 May 2018, no. 62 https://www.gazzettaufficiale.it/eli/id/2018/06/06/18G00086/sg, transposing and implementing Directive (EU) 2015/2302, entirely referenced to herein. Contracts that cover the offer of a transport service only, an accommodation service only, or any other separate tourism service, cannot amount to travel organisation or a tourist package, do not enjoy the protection provided by the code of tourism and the contractual conditions of the single vendor shall apply. Solely the service vendor shall be responsible for the proper fulfilment of the contract.
Company data:
TrueItalian Experience S.r.l.
Via E. Conti, n. 7
42020 San Polo D’Enza (RE)
VAT Reg. No. 02893710356
Share capital: Euro 1,000,000.00 fully paid-up
Registry of businesses No.RE-322623 of 19/06/2020.
Holder of Travel Agent’s Licence No. 32657 of 26/01/2023.
Third-party liability policy: TIE has, pursuant to art. 47 subsection 2, Legislative Decree 62/2018, entered into a Professional Third-Party Liability policy with Europ Assistance Italia No. 4804756.
Within the framework of tourist packages, travellers benefit from protection in the event of insolvency or bankruptcy of the organiser or vendor regardless of their place of domicile, the place of departure or the place of sale of the package and regardless of the Member State where the subject appointed to provide protection in the event of insolvency or bankruptcy is based. For this purpose, TIE, in order to fully observe this obligation, in cases of insolvency or bankruptcy pursuant to art 47 code of tourism, has adhered to the Guarantee Fund established by AIAV that, at the request of the registered User/traveller, guarantees to refund the price paid to purchase the package and the immediate return of the traveller should the package include transport of the traveller.
Definitions:
Basket: services or packages selected by the User after making one or more searches on the Website.
Inevitable and extraordinary circumstances: a situation outside the control of the party invoking such a situation and whose consequences would not have been avoided even by taking all reasonable measures.
Consumer: a subject who acts, by entering into a contract, for purposes outside their entrepreneurial, commercial, artisanal or professional business, if any.
Customer service: a free support service provided in business hours and days to Visitors and Users of the Website.
Authentication Credentials: e-mail and password used by the User to access the Website.
Lack of conformity: non-fulfilment of the tourism services included in a package.
Provider: Actual provider of the service contracted from the Vendor or from TIE.
Classic experience: a tourist package consisting of a combination of at least two different type of tourism services and that includes a private or a group (shared) experience that may therefore include, merely by way of example, a guided tour of museums or sites of interest, a transfer with one or more vehicles, a practical experience, a lunch, a dinner or tasting at selected locations likewise stays in unusual and unconventional accommodation.
TIE experience: a tourist package consisting of a combination of at least two different types of tourism services and that includes a private and exclusive experience created by TIE and of which TIE holds the rights. The TIE experience may include, merely by way of example, a guided tour of museums or sites of interest, a transfer with one or more vehicles, a practical experience, a lunch, a dinner or tasting at selected locations likewise stays in unusual and unconventional accommodation.
Vendor: The companies contracted by TIE that provide the products that can be purchased online also via XML integration
Travel Ideas: outlines of proposals given on the Website for both single services and web packages that can be re-quoted and modified by the User, where available. The User can choose whether to save their searches made on the Website as “travel ideas” well knowing that none of the services included in the saved travel idea can be optioned. The User can retrieve the travel ideas they have saved on the Website in order to:
- check the updated availability, costs and applicable tariff rules of the services included at the time of the new search;
- modify and re-quote the travel idea saved beforehand;
- make the purchase after re-quoting and verifying the availability of the services.
Minor: a person under 18 years of age and who does not have the capacity to independently implement contracts and other juridically effective transactions.
Organiser: a professional who combines packages and sells them or offers them for sale directly or via or jointly with another professional, or the professional who sends the data relating to the traveller to another professional in accordance with point c), number 2.4, of art. 33 of the code of tourism.
Tourist packages: where “tourist package”, pursuant to art. 33 of the code of tourism, means a combination of at least two different types of tourism services (that is: a. passenger transport; b. accommodation that is not an integral part of the passenger transport and is not intended for residential purposes or for long-term language courses; c. rental of cars or other vehicles or motor vehicles requiring a category A driving licence for the EU (Text of the rental of cars directive: “other motor vehicles within the meaning of Article 3(11) of Directive 2007/46/EC of the European Parliament and of the Council ( 1 ), or motorcycles requiring a Category A driving licence in accordance with point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council (Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18)”); d. any other tourism service that is not an integral part of one of the tourism services indicated in points a), b) or c), and is not a financial or insurance service, nor can it be qualified as a “supplementary tourism service”) for the purposes of the same journey or of the same holiday, if at least one of the following conditions occurs: 1) such services have been combined by a single professional, even at the request of the traveller or in accordance with their selection, before a single contract for all the services has been concluded; 2) such services, even if concluded with separate contracts with single vendors of tourism services, are: 2.1) purchased at a single point of sale and selected before the traveller agrees to payment; 2.2) offered, sold or billed at a lump or global sum; 2.3) advertised or sold under the name of a “package” or a similar name; 2.4) combined after concluding a contract with which the professional allows the traveller to choose between a selection of different types of tourism services, or purchased from separate professionals through on-line connected booking processes where the traveller's name, payment details and the email address are transmitted by the professional with whom the first contract was made to one or more professionals and the contract with the latter professional or professionals is concluded no later than 24 hours after confirmation of the booking of the first tourism service.
Web packages: they are tourist packages offered as customised travel ideas re-quoted by the User or freely combined by the User who has the opportunity to modify the services by selecting different solutions offered on the Website before confirming their booking.
Booking: order submitted via the Website.
Professional: any public or private natural or legal person who, within the framework of their commercial, industrial, artisan or professional business, acts in the contracts for a tourist package or related tourism service, even through another person operating in their name and on their behalf, as the organiser, seller, professional facilitating related tourism services or the vendor of tourism services, in accordance with current regulations.
Return: the traveller's return to the place of departure or to another place agreed upon by the contracting parties.
Website: www.go.trueitalianexperience.it
Summary (page): this is the page with a summary of the services selected by the User and added to the basket. It includes the total price of the services, the methods (advance amount and balance or balance) and terms of payment.
Lasting support: all tools allowing the traveller or professional to keep the information they have personally received in order to be able to access it in the future for an adequate length of time for the purposes it is intended and that allows identical reproduction of the saved information.
Tour: a tourist package consisting of a combination of at least two different types of tourism services along a travel itinerary of multiple nights that may include one or more destinations and that include one or more experiences and that may include means of transport and/or accommodation.
Train: fast trains, national/international long-distance trains, regional trains duly run by a national railway company.
(Other means of) transport: means of transport by land/sea other than aircraft and trains.
User: a consumer registered on the Website.
Seller: the professional other than the organiser who sells or offers for sale packages combined by an organiser.
Traveller: anyone who enters into a contract or is authorised to travel on the basis of a contract for a tourist package or a tourism service that may be related.
Visitor: any consumer not registered on the Website.
Charter flight: a flight supplied by an airline with an aircraft hired by the Tour Operator. This type of flight is not on the list of flights regularly operated by an airline. Also called an ITC flight. The schedules of these flights are not generally known at the time of the purchase, especially for hired flights to certain tourism destinations during a specific period, with one or more stays, if present, the flight plans and schedules will be confirmed by and no later than 24 hours prior to departure.
Scheduled flight: a flight regularly operated by an airline company.
Low-cost flight: a flight regularly operated by a low-cost airline that limits the services included on the ground and in flight and provides services for a fee (merely by way of example: carry-on baggage and cargo luggage, meals and beverages on board, seat allocation, animals) some of which cannot be purchased on the website but only by contacting the carrier and depending on the carrier’s rules to which reference is made for the general conditions of sale and transport.
1. USER OBLIGATIONS
The User is required to register in order to be able to purchase services/packages or to save travel ideas they create or customise. Accessing the Website constitutes acceptance of all the terms and conditions governing its use, especially as regards the following. The User acknowledges that booking and purchasing tourism products and services through the Website shall be governed by these general conditions of sale.
The User guarantees the truthfulness, accuracy and updating of the information provided by them in their name and in the name and on behalf of all the beneficiaries of the services booked on the Website and for whom they are the representative, to which these general conditions of sale apply in their entirety. It is the User’s responsibility to check that the information entered is correct and, if necessary, modify it before completing the booking. The participants’ first and last names must necessarily match those on their identity documents that are required in order to be able to undertake the journey.
TIE cannot be held liable in any way if the information provided by the User at the time of registering and/or of the order (name, postal address, email, phone, and any other data required by the respective vendors/providers to permit completing the on-line booking, etc.) is false or incorrect.
The User undertakes to keep their access credentials confidential and not to communicate them to third parties in any way, and to avoid unauthorised third parties from accessing them. The User accepts liability for all damage and any economic consequences arising from this Website being used with their password or from the User's passwords being used by third parties. TIE reserves the right to refuse the booking requests of a registered User at any time if this should turn out to be fraudulent use of the Website by the User themselves or by third parties.
2. GENERAL CONDITIONS OF USE OF THE WEBSITE
These general conditions govern the use of the Website by the User and the sale of tourism services offered in the electronic catalogues of TIE (merely by way of example, flights, stays, tours, packages, experiences, rentals, transfers, cruises) available on the Website.
The General Conditions of use of the Website are a binding agreement between TIE and the User of the Website, to book and purchase the Services/tourist packages. The User is likewise subject to the special conditions applicable to the single Services (including details about the destination, date of departure and duration of the journey, the price, applicable tariff rules, applicable taxes including local ones, where these cannot be reasonably calculated before the conclusion of the contract, but which the User might still have to incur on the spot and that are not specified in the TIE on-line catalogues because they are not pre-payable.
The User can check the amounts that are not directly pre-payable on the websites of the vendors/institutions. These special conditions are an integral and substantial part of the contract between TIE and the User.
Use of the Website, bookings and the purchase of Services are subject to the acceptance of these General Conditions by the User.
The User is, therefore, required to examine and expressly and fully accept the General Conditions including the related specific oppressive clauses pursuant to art. 1341 of the civil code and any special conditions applicable to the single Services, by ticking the box or clicking on the constantly updated hypertext link for this purpose and made available on-line on the Website. With no acceptance of the General Conditions and/or oppressive clauses and/or any applicable special conditions to the single Services and packages, including web packages, it will not be technically possible to confirm the booking and the purchase of such Services/packages.
The General Conditions contemplate different regulations depending on whether the User purchases the Services together or within the scope of a “tourist package”.
The General Conditions may be amended at any time, without notice, provided that such amendments will not be applied to orders concluded by the User prior to the amendment. Therefore, the User is required to read the current text of the General Conditions carefully prior to making the booking and purchasing the Services or packages on this Website by clicking on the hypertext link before initiating any search.
3. WEBSITE REGISTRATION
The User, when acting as a natural person, declares to be at least 18 years of age and have the capacity to act in order to be bound by these general conditions of sale, which they declare to understand and fully accept.
The regulatory sources of reference are Legislative Decree 9 April 2003, no. 70, act transposing into Italian law Directive 2000/31/EC "on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market” and Legislative Decree 6 September 2005, no. 206 - Italian Consumer Code.
Visitors may freely consult the Website. In order to make purchases on the Website or save searches as travel ideas, Visitors are required to register in advance by filling out the form available via the home page of the Website, by clicking on the register icon, with their personal data.
All data shall be processed pursuant to Reg. (EU) 2016/679, the complete privacy notice can be consulted when registering on the Website.
The User will also be asked to enter their email address and a secret password. On completing registration, the User will receive a welcome email giving them their user code (“User Code” that is the same as the entered email address) to confirm registration, at the email address provided by the User when registering. The User is obligated, with diligence, to neither communicate nor transfer to third parties the credentials for accessing their personal area and to store them, protect them and keep them secret.
The email address and password shall act as authentication credentials (“Authentication Credentials”) in order to be able to access all the features permitted for Users of the Website.
After registering, before purchasing in the check-out phase, the User will be asked to click to accept the General Conditions, as well as to examine and click to approve the specific oppressive clauses pursuant to art. 1341 of the civil code. At the time of accepting and specifically approving these rules, they are understood to be effective and binding for the User who will then make the purchase.
The User declares and warrants that all the personal information and data provided within the scope of the registration process are up-to-date, complete, truthful and correct. The User undertakes to update any changes to their registration data promptly on the Website.
The User shall be the only one responsible for their Authentication Credentials as regards both their storage and their use. Should the User come to know of any unauthorised use of their Authentication Credentials and/or any infringement of password secrecy, they must promptly notify this in writing to the owner of the Website (Trueitalian Experience S.r.l., via Conti 7 - 42020 San Polo d'Enza (RE), e-mail: security@trueitalianexperience.it).
All operations performed via the Authentication Credentials are considered to be made by the registered User to whom the Authentication Credentials refer.
The owner of the Website reserves the right, at their discretion and at any time, to:
- interrupt the contract with the User in the event of any use of the Website that is improper or not in compliance with the general conditions;
- reject the registration or cancel the existing Authentication Credentials, as well as concurrently eliminate the profile, without there being any obligation to communicate the reasons for these decisions or the right to indemnity or compensation.
The owner of the Website specifies, as set out in the General Conditions, that:
- they are not liable for any damage, claims or losses, whether direct or indirect, arising for the User due to any loss of and/or malfunctioning of the Website or of the electronic equipment of the Users themselves or of third parties (including Internet Service Providers);
- they cannot be considered defaulting vis-à-vis the User, nor liable for any damages in the event of not being able to provide the electronic services related to the Website or in the event of being unable to access the Website because of malfunctioning of the electronic means of communication due to causes beyond its sphere of control (such as, for example, unavailability of telephone lines or of other network service providers, malfunctioning of computers and other electronic devices of the User, malfunctioning of the software installed by the User, as well as actions of other users or other persons with access to the network);
- they may suspend and disconnect the Website, permanently or temporarily, without being held liable to the User;
- they are not responsible for hypertext links to websites managed by third parties other than TIE, any content on this Website, provided solely for purposes of information and the inclusion by TIE of hyperlinks to such websites does not imply any acceptance of the advertising material on such websites or any other relationship between TIE and their managers.
4. INTELLECTUAL PROPERTY
All the content on this Website is of a creative nature and is a multimedia work. By accessing and using the Website, the User acknowledges that the Website as a whole and its content enjoy the protection offered by the law on copyright. As a result, the User accepts and undertakes not to copy, export, reproduce, alter or modify the information, content, software, products and services (in particular the travel idea and the tourist packages provided), graphics and images of the Website. The images of this Website are provided for the sole purpose of being viewed and must not be saved or downloaded in any format. The User accepts and undertakes not to violate the measures taken to limit or prevent access to the Services, not to violate the security of the Services or try and obtain unauthorised access to the Services and not to use false credentials to access the Services unlawfully. Access to and use of the Website do not give the User any right and/or licence and/or transfer or ownership of copyright, trademarks and/or any other intellectual property rights on any other content or element on the Website.
5. DURATION AND NATURE OF THE OFFER
The offers of tourism services/packages that can be consulted on the Website are valid and purchasable for the time in which they are viewable on the Website and they may change in real time in terms of availability, price and tariff rules. To confirm the selection in the basket, at the stage of entering names, the system runs an additional check on all the selected services and informs the User of any changes, in availability and/or price, compared to what could previously be seen in the basket, before they can make the purchase.
TIE tries, through the photos and illustrations provided by the respective vendors, to give a realistic vision of the services offered. The photos and illustrations given in the descriptions are, however, merely for purposes of illustration. They are supplied by the vendors of the services offered and might not reflect the conditions of the facilities and services at the time of the booking as they are not constantly updated by the vendors/providers. In any case, the above-mentioned photos and illustrations are not an obligation on TIE except to the extent in which they indicate the category or level of the services. Registered Users are referred to the photos and descriptions of the services published by their actual providers on their respective official websites. TIE does not guarantee the accuracy of the software, products, information and services published on its Website as they may contain misprints, typos or inaccuracies of the system. TIE is not liable in the event of any inaccuracy of the information relating to air, maritime or road transport, accommodation facilities and hotels and any other information, product or service on the Website (such as, for example, videos, photographs, etc.).
6. PRICES, TAXES AND CURRENCY
With reference to the single service, travel idea or tourist package, the price is understood to be that indicated each time on the Website only if it matches the result of a search made by the User, unless there is a clear and recognisable error in the price.
The price of the services, travel ideas and packages that can be purchased on the Website varies depending on the selected period, number of participants and services. The actual amount depends on the products actually purchased and confirmed.
The price, availability and tariff rules applicable to the services and packages may vary also during the process of purchase by the User.
The transport tariffs, by way of example, vary continually and at any time, depending on the numbers of travellers and the season. In addition, vendors or carriers may make changes to the price between the booking request and the actual payment.
Before making the purchase, on the last screen, called “summary”, the purchase offer gives the total price of the services selected by the User.
It is then specified that the definitive offer that is the actual price of sale is formulated only after the search process and selected by the User and more specifically only after entering the names of the travellers and receiving a booking confirmation of all the services both directly on line and by email. It is essential for the User to make sure they have received the confirmation of all the booked services and only if there are any issues contact TIE Customer service.
The descriptions of the tourism Services/Packages given on the Website specify the services included in the price and any special conditions applied to said services.
All prices are given in Euros, or in another currency that TIE unquestionably decides to use and which in that case will be explicitly stated, and include VAT. In accordance with the VAT system for travel agencies (art. 74 - ter of the Decree of the President of the Republic 26 October 1972, no. 633), none of invoices issued by TIE show the VAT collected on the services sold.
For services including accommodation and transport, the prices are calculated based on the number of nights and not on the number of whole days. For rentals based on the duration in hours, including services. Barring anything stated to the contrary in the offer, the prices do not include: (list merely by way of example)
- the registration fee, where applicable;
- insurance (only if not included);
- the entry/exit taxes required by some countries, to be paid on the spot in cash on arriving at the destination or on departure;
- the tourist tax and/or any Resort Fees or the like;
- the additional charge applied on the spot by the accommodation facilities in the event of a late check-out and early check-in (always subject to availability and reconfirmation by the accommodation facility)
- the additional charge in the event of baggage (when not included) or excess baggage on the transport or domestic routes;
- parking at airports, ports, railway stations;
- visas and costs for administrative formalities when required by single countries for entry;
- the necessary health formalities for the journey (vaccinations, swab tests prior to departure, during the journey, before the return based on the entry and exit regulations implemented by each single country, healthcare, etc.);
- meals not included in the meal plan of the chosen package, and meals consumed during layovers or on transport in general;
- beverages consumed at with meals (unless already contemplated in the chosen package) and those consumed during layovers or on transport in general;
- special quotes or additional services for children or babies to be paid directly during the provision of the service to the service provider;
- optional excursions and visits, entries into museums and sites (where not already contemplated and stated in the plan);
- experiences for a fee (generally not purchased);
- personal expenses;
- obligatory tips in some countries or contemplated for some specific types of services;
- customary tips for guides and drivers in general and in particular during tours or cruises;
- any additional insurance offered directly to the Traveller by the provider of the services;
- any additional charges to return rentals to a different place, if permitted, to the one where the vehicle was picked up;
- any additional equipment on rentals with respect to the contemplated equipment (GPS, baby seats, snow chains, etc.);
- any costs ascribable to final cleaning (or the like) at the end of stays in accommodation facilities other than hotels;
- any costs ascribable to a request for beds in addition to those contemplated in the chosen plan;
- taxes that could be levied by the authorities and must be paid on the spot;
- Everything not specified in the inclusions of the purchased services.
7. REVISION OF THE PRICE AND TOURIST PACKAGE
Pursuant to art. 39 of the code of tourism, the price of the tourist package is determined in the contract, with reference to the description on the Website after the conclusion of the tourist package contract, the prices may be increased, by up to 8%, only if the contract explicitly provides for this and states that the User has the right to a corresponding reduction in price, as well as the methods of calculation of the price revision. When the increase in price exceeds said percentage, the User may terminate the contract, without any penalty.
The price may be increased or decreased only as a result of changes in:
– transport costs, including the cost of fuel;
– fees and taxes related to air transport, landing fees, embarkation or disembarkation fees at ports and airports;
– exchange rates applied to the package in question.
In any case, the price may not be increased in the 20 preceding departure and the revision may not be any higher than 8% of the original price.
In the event of a price decrease, the organiser has the right to deduct the actual administrative and management expenses of the procedure from the refund owed to the traveller, of which it must provide proof at the traveller’s request.
8. DURATION OF THE JOURNEY
The duration of the tourism services/packages/travel ideas includes:
- the day of departure starting from the time of convocation at the airport/port/station, if applicable;
- the day of the return journey until the time of arrival at the airport/port/station.
a. The prices are on the whole calculated based on the total number of travellers, number of rooms, number of nights and not of whole days.
b. For car rentals only, the hours of rental are calculated.
c. A night is understood to be the length of time in which the room is available (for example, from 14:00 hours of the day of arrival to 10:00 hours of the day of departure, for some particular facilities/places there could be different times).
d. The first and last day are generally for transport, when included.
e. Therefore, as a consequence of the times set by the airlines (or transport companies in general), should the first and last day and/or night be shortened, due to arriving late in the evening or departing early in the morning, no refund shall be acknowledged. The same applies should the stay be prolonged.
f. No compensation shall be acknowledged in the event of returning the day following the expected one as per the contract.
g. If it is a matter of charter flights, account should be taken of this eventuality and consequently arrangements made from both a personal and a professional perspective.
h. At the time of booking and therefore before the booking confirmation is sent the User undertakes to inform TIE in writing of any particular personal requests, including the need for assistance at the airport for persons with reduced mobility, special meals on board or at the place of stay that may be subject to specific agreements on the methods of travel, provided that their implementation is possible and is in any case the subject of a specific agreement between the traveller and TIE.
9. BOOKING ACCEPTANCE
The Website permits making bookings from the third day following the date when the User makes the search. It is not possible to make searches and bookings with a departure date before that term or beyond 11 months.
In order to conclude a contract of sale of tourism services / package, the User is required to:
- initiate one or more searches, starting with a travel idea or using one of the expected search engines, filling in all the required fields;
- select their choices from the available results that also give the price and, subject to registration, complete the booking by entering the names of the participants and any additional data required that would prevent continuing to browse the Website;
- before confirming and making the payment, take note, under your own responsibility, of any changes in price indicated when entering the names;
- click on the relevant boxes, confirming to have read and accepted these General Conditions including the related oppressive clauses specifically displayed. Acceptance of the conditions of sale has the value of a conclusive booking, as it is an irrevocable proposal, from which it is not possible to withdraw, barring the provisions of art. 23 and without prejudicing the application of the contemplated cancellation and modification rights;
- make the payment of the non-refundable deposit or of the balance, if requested, by clicking on the “pay” button or the like;
- pay the balance within the due term as highlighted on the summary page;
- Any mistakes found after executing the order and any expenses for their correction are to be entirely paid by the User, since TIE has no liability for manual data entry during booking by the User. TIE is relieved of all liability concerning the data provided voluntarily by the User, who undertakes to inform TIE promptly in the event of any change thereto.
A booking made autonomously on the Website is understood to be accepted and confirmed by TIE only in the event of the User receiving a booking confirmation for the services/package either directly on line or by email. It is essential for the User to make sure they have received the confirmation of all the booked services and, only if there are any issues, including partial confirmation of the selected services, must they contact TIE Customer service.
10. PAYMENT AND BILLING
Payment for the purchases made on the Website may be made by the User solely on the Website by means of:
- Credit Card or Prepaid Card belonging to the circuits stated on the payment page at the end of the booking process. To make the payment, the User is required to enter their credit card data, which shall be processed in observance of the provisions under Regulation (EU) 2016/679 and Legislative Decree No. 196/2003 as amended by Legislative Decree No. 101/2018. The data shall not be collected by TIE, but shall be managed directly by the Bank in its capacity as independent Personal Data Controller. TIE receives only a validation of the transaction;
- PayPal account;
- Irrevocable bank transfer (Mybank).
a. After purchase a booking confirmation email will be sent to the email address entered by the User when filling in the traveller data;
b. For services purchased with a non-refundable tariff, their balance is due immediately;
c. For services purchased with a refundable tariff, their balance is due within the term indicated by the system on the summary page;
d. Should the summary include both non-refundable and refundable services, or packages and regardless of the number of services purchased (or included in the package), concurrently with the booking the amount of the contemplated non-refundable deposit shall be charged. The total and the term of payment of the balance are always specified at the time of booking on the summary page;
e. The system sends two email alerts, to the same email address to which the booking confirmation was sent; the first one after 48 hours and the second one 24 hours before the term (date) of payment allowed both for the balance and for the single services purchased with a refundable tariff. The term is understood to be by midday, Italian time, of the indicated date, if it is a business day, excluding Saturdays. If it is a holiday, by midday (Italian time) of the last prior business day. Failure to pay within the allowed term generates automatic cancellation of the services originally booked with no right to a refund of the deposit paid;
f. The User is the only party responsible for the chosen method of payment which may only be one of those offered by the Website;
g. If, after executing the order, the User finds a mistake in the selected method, TIE cannot in any case be held liable for it and shall not in any case be obligated to return any part of the amount paid;
h. The User warrants they are totally enabled to use the Credit Card or another method of payment allowed by the Website they are using for the purchase and that the chosen method provides access to sufficient funds to cover all the costs necessary for each requested transaction;
i. It is not possible to make a single transaction by using multiple methods of payment from among those contemplated. The authorisation to be charged given to TIE for the payment of the booking is irrevocable. The User is therefore not permitted to object to the payment except solely in the event of its fraudulent use by any third parties. Beyond this limited circumstance governed by law, in the event of an objection to the payment, the credit card holder commits a fraud against the issuer of the credit card.
The right to object to payment cannot substitute exclusion of the right of withdrawal;
j. The invoice is issued and concurrently sent to the User electronically by the 15th of the month following the payment. The invoice is made out to the natural person who made the booking, that is the registered User, and the name on the invoice cannot be changed after the sale. No invoices are issued to juridical persons/holders of a VAT registration number. The amount in the invoice indicates the total of the package that cannot in any case be fragmented or made out to more than one person.
Important. Should a charge be made without the related booking confirmation, the system will indicate “booking not confirmed” and the User will receive a charge notice according to the methods contemplated by the selected type of payment. The User has the right to a full refund of the amount charged. The refund shall be made within 5 days by the same method of payment used by the User who shall be contracted by Customer Service for any possible alternatives.
11. TRAVEL DOCUMENTS
Upon confirmation of the booking, the User will receive a summary of the booking by email along with, for informational purposes, the transport schedules if included in the booked offer. These schedules may be subject to change. Any changes, if communicated to TIE, shall be communicated to the User by email.
The travel documents, after successful payment, are in the form of electronic vouchers and can be autonomously downloaded from the Website in the User's personal area, for all the participants included in the booking, or they are emailed to the email address provided by the User as soon as they are available and in any case not before payment of the balance.
The User acknowledges that the travel documents are available and accessible in their personal area on the Website and must therefore check they are present should they be requested by the vendor/provider.
Should the User make a mistake when entering their data (first name, last name, email, phone, date of birth, identity document, etc.), or the data of the travel participants, TIE shall not be held liable for any inexact or non-execution of the journey due to not receiving the travel documents or the vendors refusing to provide the service.
Scheduled, low-cost or charter flights and transport in general instead generally allow travellers the possibility to check in on-line directly on the websites of the respective carriers, printing out the boarding pass in advance. For some carriers this procedure is mandatory prior to departure. It is the User’s responsibility to carefully read the published notices about this obligation on the official websites of the respective carriers and scrupulously follow the instructions given there.
Because of the changing nature of transport regulations, the User is always encouraged to examine the conditions of transport of the chosen carrier prior to departure.
12. ADMINISTRATION AND HEALTH FORMALITIES
It is the User’s responsibility to obtain the necessary valid travel documents in order to make the journey and to check for any changes to the regulations on the matter (identity card, vaccination certificate, passport, green pass, and any other document valid for all the countries on the itinerary, as well as tourist and transit visas and health certificates should they be required).
It is only possible to travel if equipped with a currently valid Identity Card or Passport in an excellent state of repair, depending on the destination country. As a general rule, a currently valid passport is required for international destinations outside the European Union. By way of example, some countries require passports to be valid for longer than at least three months up to at most six months after the date of return, passengers to have a return ticket or exit certificate and sufficient funds for the length of stay and for repatriation. In the same way, for the entry visa to be issued, some countries require passengers to prove they have taken out assistance/repatriation insurance. The administrative and/or health formalities in order to make the journey can be consulted directly by the User on the following Internet websites: http://www.viaggiaresicuri.it/, without forgetting layover and transit countries and the regulations relating to Covid 19, green passes, swab tests and quarantines. Italian citizens are recommended to check their documents in advance by consulting the official website of the Italian police: http://www.poliziadistato.it/articolo/1087 and the website of the World Health Organisation www.who.int, and of EASA https://www.easa.europa.eu/covid-19-travel-information. In particular, TIE encourages Italian Users to check their documents and those of minors with the Competent Authorities, currently valid identity card or passport, visas, mandatory and/or recommended health treatments. The User is required to scrupulously observe these formalities and to make sure that the first and last names on the travel documents (bookings, transport documents, vouchers) exactly match those on the related identity documents, passports, visas, etc. TIE therefore cannot be held liable in the event of the User's failure to observe the above-mentioned obligations, in particular if the User or the participants for whom the registered User has made a booking on the Website should be refused embarkation or incur a penalty. TIE cannot in any case be charged with the costs and the consequences of any failure to observe the customs or health regulations of the countries visited. When the service includes taxes on visas, it is understood that TIE cannot be held liable in the event of the embassy of the destination country refusing to issue a visa. TIE would like to remind you that the authorities of the destination country are the only ones authorised to authorise or deny access to their territory. In the event of refusal of a visa, it shall be for the User to contact the embassy of the destination country directly in order to know how to appeal and the measures to take.
In addition, in order to assess the situation of health and social/political safety and any other useful information concerning the country of destination and, therefore, the objective usability of the purchased services or those yet to be purchased, the User has the duty to obtain the official information of a general nature from the Ministry of Foreign Affairs that is published on their institutional website www.viaggiaresicuri.it and through the website of the World Health Organisation www.who.int..
Where on the date of booking the chosen destination turns out, from the institutional information channels, to be a place subject to “warning” for reasons of safety, the User who should subsequently exercise the right to withdraw may not, for the purposes of exemption or reduction in the request for compensation for the withdrawal, invoke failure to fulfil the contract cause related to the conditions of safety of the country.
The User must moreover observe the rules of normal caution and diligence and the specific rules in force in the destination countries of the journey, as well as all the information provided by the vendor and the organiser, along with the regulations and the administrative or legislative provisions relating to the tourist package.
13. MINORS
From 26 June 2012 all Italian minors may travel only with an individual travel document. The new provisions require Italian minors of under 14 years of age who are travelling abroad unaccompanied by one or their parents or a person acting on their behalf have a declaration of accompaniment bearing the name of the person, agency or transport company to which the minor is entrusted, signed by a person with parental responsibility for the minor and approved by the organisation in charge of issuing passports.
Minors may also benefit from the “Visa Waiver Program”, only if they have an individual passport as it is not sufficient for them to be registered on their parents’ passport.
If a minor of under 14 years of age is travelling with their parents (or even just one of them) it is not necessary for the declaration of accompaniment to be attached to the minor’s passport since the personal data (also in English and French) of their living parents are given on page 5 of the new 48-page passport.
For reasons of a judicial, religious, social or other nature, at the request of a parent or by order of the Judicial Authority, the personal data may be omitted or erased.
Escorts other than parents (for example, grandparents) who are authorised by the parents (declaration of consent) are not required to be registered on the document. Therefore, each time a minor of under 14 years of age has to go abroad with an escort other than their parents, it will be necessary for the parents to sign the declaration of accompaniment that will remain on the records at the police station, which will issue a simplified form that the escort will present at the border together with the minor's currently valid passport.
TIE cannot in any case accept the registration of an unaccompanied minor, regardless of their nationality, and shall not be held liable if, in spite of this prohibition, an unaccompanied minor is registered without its knowledge.
Minors accompanied by a parent must have an authorisation for expatriation if they do not have the same surname as the parent accompanying them.
In any case, it is to the charge of the User to check on the government website http://www.viaggiaresicuri.it for the documentation required by minors to enter the single destination country given the recent introduction of stricter procedures in some countries. In no case will TIE answer for any irregularities linked to the documentation required for the journey.
14. EU AND NON-EU CITIZENS
EU and non-EU citizens, adults and minors, must apply to the competent authorities of their country of domicile or destination countries before booking and purchasing tourism services on the Website.
Prior acquisition of up-to-date information on the health, socio-political and weather situation along with the necessary documents for the countries to be visited is a fundamental step in responsibly preparing for the journey, as well as one of a traveller’s obligations, as it is advantageous and necessary in order to avoid facing unpleasant situations.
The User must obtain a currently valid passport (from a minimum of 3 months to a maximum of 6 months after the date of return from the journey, depending on the destination country). It is always wise to check the validity of the personal documents needed for expatriation by applying to the competent authorities.
The burden of checking with the Consulate of your own country and of that of the destination country on the current regulations and the need for an entry visa applies even more to citizens who are not Italian or who have dual citizenship and to non-EU passengers for whom legal systems apply that are different to the Italian one and to each other.
15. SPECIAL RULES FOR DESTINATIONS OR LAYOVERS
If the journey includes transiting or staying in the United States of America, it should be remembered that as of 12 January 2009 it is mandatory to obtain as ESTA (Electronic System for Travel Authorization) in order to be able to go to the United States within the framework of the Visa Waiver Program. The authorisation should be obtained before getting onto the means of air or sea transport directed toward the United States. Citizens of countries with the right to take part in the Visa Waiver Program can request this authorisation in advance by accessing the Electronic System for Travel Authorization (ESTA) over the Internet. To enter the United States of America with the Visa Waiver Program it is necessary to have one of the following documents:
• electronic passport, issued as of 26 October 2006
• optical passport issued or renewed before 26 October 2005
• passport with a digital photo issued between 26 October 2005 and 26 October 2006.
In addition, it is necessary to:
• travel solely for business and/or tourism
• remain in the United States for no longer than 90 days
• have a return ticket
Remember that as of 27 January 2017 the possibility of using the Visa Waiver Program has been restricted for citizens with a dual citizenship that includes one of the following countries: Iran, Iraq, Syria or Sudan, as well as for anyone who has travelled in the aforementioned countries as of 1 March 2011, with exceptions for some categories of travellers.
Generally in all other countries
Because of the ongoing pandemic, many countries have temporarily suspended granting on-line visas or introduced specific regulations/restrictions that can be consulted on the respective institutional websites.
16. TOURIST PACKAGE SALE CONTRACT
The Tourist Package sale contract is governed by Legislative Decree No. 62/2018, which is explicitly referenced together with the conditions applied by the package organiser.
The tourist package is accessed on the Website by selecting two or more services in the search engine called fly+hotel, fly&drive or multi-destination.
The trade names of the search engines on the Website may be freely changed by TIE in order to help Users understand more easily and/or in the various languages, although the technical features of composing the services remains unchanged. At March 2023 the trade names are the following (Italian/English):
• Multidestinazione/Multidestination: Crea pacchetti con Sconto/Discounted Trip Planner
• Trasporto + soggiorno/Transport + Accommodation: Trasporto + Soggiorno/Package Deals
• Fly&Drive/Fly&Drive: Promo Fly&Drive/Fly & Drive Offers
• Soggiorni/Hotels and Apartments: Alloggi/Stays:
• Trasporti/Transport: Voli e Treni/Flights & Trains
• Car Rental: Noleggio Auto/Rent a Car
• Trasferimenti/Transfer: Transfers/Transfers
• Attività/Experiences: True Italian Experience/True Italian Experience
TIE Customer Care is available for any clarification and explanations in the event of any doubts about the match between the trade names of the search engines on line on the e-commerce platform and their functionality as a booking engine. The search engines that Users can use are actually the ones published on the Website at the time of checking the availability of the services and the related quote. TIE reserves the right to activate or remove the search engines that can be used according to their business policies, barring commitments and cases already confirmed by the User.
17. ACCOMMODATION CONTRACTS
The official classification of the hotel facilities is provided only based on the explicit and formal indications of the competent authorities of the country where the service is delivered. Without any official classifications acknowledged by the competent Public Authorities of the EU member countries to which the service refers, or in the case of facilities marketed as a “Holiday Village”, the organiser/vendor/provider reserves the right to provide its own description of the accommodation facility in its catalogue or leaflets so as to allow Users to evaluate and consequently accept it. In addition to the TIE category, Users are recommended to consult the popularity index and the comments if there are any.
TIE reserves the right, in the event of force majeure, to substitute the expected accommodation facility with a facility of the same type/category that offers equivalent services. These are exceptional cases of which the User will be notified as soon as TIE becomes aware of them or about which TIE will be required to inform if it were notified directly by the vendor or provider of the service.
The arrangements offered by the accommodation facilities that can be purchased on the Website can, in many cases, be confirmed for a greater number of occupants that the actual number of beds. The User must carefully select the rooms that explicitly feature the desired type and number of beds.
Single rooms: They have one single bed. They are subject to an additional charge, are offered in a limited number and are often less roomy, less comfortable and located in less favourable positions than other rooms, especially on cruises, where they are often located near the engine room. In some countries and/or in some hotel facilities there are no single rooms. Therefore, double rooms for single occupancy are assigned, which may have 2 Queen Size beds or one Queen Size or King Size double bed.
Double rooms: They have two single beds or rarely one double bed. In some countries and/or in some hotel facilities there are no double rooms, they have 2 Queen Size single beds or one Queen Size or King Size double bed.
Triple rooms: In most cases these are a double room in which a temporary bed has been added (note: the third bed might be smaller than the standard sizes as it is a double room for triple occupancy).
Quadruple rooms: In most cases these are a double room in which two temporary beds have been added (note: the third and fourth bed might be smaller than the standard sizes). In the case of 2 adults and 2 children, if it will not be possible to accommodate more than three persons in a room, two adjacent or communicating rooms will be requested (as far as possible) and, in this case, the adults rate will be applied (barring instructions to the contrary).
Family rooms: Some triple or quadruple rooms are equipped with three or four standard-size beds and therefore no reduction can be applied. These rooms can accommodate families of up to 4 persons.
Cabins: On cruise ships, cabins generally offer smaller spaces than hotel rooms. By way of example, for an equivalent classification in terms of stars, the degree of space and comfort of the cabins of cruise ships is generally lower than that of the local hotels.
Maximum number of occupants: in hotels the maximum allowed number of persons occupying the same room may be greater than the number of beds available.
Meals depend on the formula chosen by the User from the ones that can be selected:
“All inclusive”
This generally includes the overnight stay, breakfast, lunch, dinner and beverages during meals (by way of example, mineral water, fruits juices, soft drinks, wines, local spirits) provided, in general, from 10:00 to 22:00 hours. Some alcoholic beverages might not be included in this formula, so they will be billed directly on the spot;
“Full board”
This includes the overnight stay, breakfast, lunch and dinner, excluding beverages;
“Half board”
This includes the overnight stay, breakfast, lunch or dinner, excluding beverages.
N.B. Full board and half board exclude beverages, unless duly stated in the description.
“Only bed”
includes no meals of any type
If the accommodation facilities have no potable water, the purchase of bottles of potable water is to be paid for by the User.
Some of the experiences offered on site may involve risks, especially for children. TIE shall not in any way be held liable for any accidents or injuries ascribable to the User or to acts of third parties, or to fortuitous events and events of force majeure. In particular, the excursions and services purchased by the User on site and not included in the price of the tourist package or tourism service lie outside the contract entered into by TIE as organiser or intermediary. Therefore, no liability can be ascribed to TIE, whether as organiser or as intermediary of services, even in the eventuality that, out of courtesy, residents, couriers or local correspondents may handle the booking of such excursions.
TIE does not guarantee that the on-site experiences illustrated in the description are actually delivered and shall not be held liable in any way if such experiences are withdrawn by the local facility providing the service because of the weather, cases of force majeure, off-season stays or if the required minimum number of participants to be able to provide the experience is not reached (for instance, group sports, baby club). It may be, for example, that at the start or end of the tourist season some experiences might not be operational, parts of the facilities (restaurants, swimming pools, etc.) might be closed and there may be maintenance work underway. The number and frequency of the entertainments and sports, where applicable, may vary depending on the number of guests at the facility and the weather conditions. In particular, by way of example, in the high season there may be an inadequate number of beach umbrellas, deckchairs and sports equipment.
The opening times of bars, restaurants and discos may be irregular and depend on the management of the facility. Most of the beaches, including those defined as “private”, are actually open to the general public, so they might not be regularly cleaned. The organisation of the sports experiences offered upon registration is often outsourced by the hotel or accommodation facility. A transfer may then be needed, the cost of which will be charged to the User. These experiences may then be withdrawn due to an inadequate number of participants. This will not give rise to a refund. Before any booking, the User is required to get informed about any local events such as, by way of example, a carnival, religious festivals, public holidays and fairs that might jeopardise the success of the journey or condition/limit the performance of confirmed services. No complaints in this connection may be made to TIE.
TIE encourages the parents of babies to get everything they need to feed their babies before departure since some foods are always available in the destination countries.
A charge may be asked on site, for example to warm baby food and bottles and/or to add a cot, which must be requested at the time of booking, for which TIE will not in any case always be able to guarantee availability. Any cost/additional charge shall be quantified on site and be payable directly to the accommodation facility by the User.
18. TRANSPORT CONTRACTS
In the event of any complaints about disservices related to transport, the User is to refer solely to the conditions of the relevant carrier, by connecting to the official Website and following the procedure in the complaints section.
The regulatory sources for railway transport are governed by the Berne Convention (9 May 1980) COTIF 1980 Vilnius Protocol 20 December 1990 COTIF 1999 2 appendices: CIV (Uniform rules concerning the Contract for International Carriage of Passengers and Luggage by Rail) CIM (Uniform rules concerning the Contract for International Carriage of Goods by Rail) REGULATION (EU) 2021/782 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL dated 29 April 2021 concerning the rights and obligations of passengers in transport by rail, Art.1680 of the Italian Civil Code.
The rights of sea passengers are ratified by Regulation (EU) 1177/2010 of the European Parliament and European Council, which applies to all passengers travelling by sea and by inland waterways and by the code of navigation.
The European regulation covers the rights and obligations of passengers in transport by bus and coach through Regulation (EU) 181/2011.
The conditions of performing air transport are governed by:
- The conditions of sale of the airlines,
- European Regulation 261/2004 that establishes common rules on the subject of compensation and assistance for passengers in the event of denied boarding and cancellation or prolonged delay of a flight. For further information: www.enac.gov.it.
The Montreal Convention and the Warsaw Convention, concerning the delayed transport of passengers and damage in baggage delivery in particular and the code of navigation for the aviation side.
As regards the purchase of air tickets, TIE acts in the capacity of a simple intermediary between the User and the airline. The conditions of performing the air transport depend on the airlines. When sending the travel documents, TIE shall inform passengers about the identity of the actual carrier, barring the provisions of art. 11 of EC Reg. 2111/2005, and its potential inclusion in the so-called “black list” provided for in the selfsame Regulation. Changes in schedules, itinerary, layovers and airports as well as delays, missed connections and flight cancellations are some of the typical setbacks of air transport. In most cases, these inconveniences are due to overcrowded airspaces in some periods, observance of air travel regulations, the time needed to deliver services to aircraft in airports in order to ensure the safety of passengers. Direct flights may be non-stop or involve one or more layovers (according to the airlines it is the same flight when the flight identification number is the same) possibly with a change of aircraft, without TIE necessarily being informed about it. The same applies to connecting flights, which may involve a change of aircraft. When the User books a flight (scheduled, low-cost or charter flight), which involves a layover in a city and the next flight leaves from another airport in the same city, the traveller must make sure to have sufficient time to reach the second airport. The cost of journey to the new airport shall be paid for by the Traveller. 21.2 TIE shall not refund the cost of the journey and shall not be liable in the event of a missed connection. When a city has multiple airports, the name of the airport given is merely an indication and may be subject to change.
TIE is not in any case liable for any change in schedule, for delays, cancellations or other circumstances ascribable to the airlines and/or to causes of force majeure (merely by way of example, strikes, bad weather, war, earthquakes, epidemics) or to the User (merely by way of example, in the event of arriving at the airport after the convocation time, denied boarding due to not having observed the required health or administrative formalities, not being present at the gate).
Failure to be at the gate of an outbound flight (scheduled, low-cost or charter flight) automatically entails cancellation of the return flight or connecting flights by the airline (no-show rule). This practice is due solely to the air carrier, the only party responsible for this conduct. TIE has no power over this and therefore cannot be held responsible for the cancellation by the airline of the return flight and/or the connecting flights with the same carrier. The User must apply to the desks of the airline in the airport. The decision about keeping the booking on the return flight or connecting flights therefore remains at the discretion of the airline.
Any interrupted journey shall give no right to any type of refund, including that of airport taxes. If the feeder flight, outbound or inbound, is cancelled or late, the airlines reserve the opportunity, in that case, of providing transport with another means (coach, train, etc.).
If the User organises the feeder journey independently, outbound or inbound, it is recommended to book tickets that can be changed or refunded so as to avoid any risk of financial loss. It is also recommended not to make any important engagements for the day of return or the following day. The consequences of delays (by way of example, not boarding a scheduled flight) in the event of feeder flights organised independently by the User shall not in any case be ascribable to TIE.
For packages organised by third-party Tour Operators, stated on the travel documents, the return flight must be reconfirmed by the User on site, in the 72 hours prior to the scheduled departure, with the local correspondent or directly with the carrier. It should be remembered that this procedure is mandatory and that, without a confirmation, the seat booked in the name of the User/Traveller cannot be guaranteed by the airline, which may assign it to others. This procedure, however, permits obtaining a confirmation of the return flight times, which might have been changed. TIE shall not be held liable for any negligence by the User/Traveller.
Each airline has its own policy for carry-on baggage and cargo luggage (for example, sports equipment).
The permitted weight for cargo luggage, when included, is stated on the travel documents sent by TIE only when not specified online when the registered User selects the service. The User will have to refer to the conditions of transport of the airline used for the journey and/or the boarding pass. In the event of exceeding the limit, the User is required to pay an additional charge directly to the airline at the time of check-in, provided that the airline allows transporting excess weight quantifying its cost.
The airline is not responsible for baggage entrusted by the User except as in relation to the compensation provided for by the international regulations in force. In the event of deterioration, late arrival, theft or loss of luggage, the User is required, before leaving the airport, to report the damage suffered. It is recommended to take out an insurance policy covering the value of the items.
Babies of under 2 years of age do not occupy seats: the price of their ticket is generally 10% of the official price to which airport taxes are to be added.
Children (from 2 to 11 years of age) may benefit, on some flights, except for charter flights, from a discount.
The airlines may sometimes deny boarding a pregnant woman if they believe, depending on the term of pregnancy, there is a risk of a premature birth during the flight. For this reason, the User, when pregnant, must check the conditions of transport of the airline used for the journey before booking.
TIE cannot be held liable in the event of the airline denying boarding due to the passenger failing to observe the transport regulations.
It is recommended to carry medicines in carry-on baggage (especially those that are habitually taken) instead of in cargo luggage. Some medicines are not to be put into cargo luggage because the low temperatures of the hold could jeopardise their effectiveness. If you want to keep medicines in your carry-on baggage, we recommend you carry them in their original packaging: it is not mandatory, but it makes them more easily recognisable during security checks. Take the patient information leaflet too, since it is useful both for proving the content and use of each medicine and for checking the methods of using the medicine in case of need during the journey. The destination of the journey is important in order to know which medicines to take onto the plane and which not. Taking pharmaceuticals into some countries is strictly regulated, this is why it is necessary to get well informed before departure. In order to be able to inform the competent authority about the medical treatment you have to follow and the medicines you have to carry, you need to present a medical certificate, in English, certifying the importance of the medical treatment.
19. CAR RENTAL CONTRACT
Rental is available on the Website through vendors.
Using the specific search engine called “Car rental”, the User can autonomously make searches, by filling in the specific fields, including age when not in the 30/65-year age range, and select one of the results, if available.
TIE recommends carefully reading the conditions of each rental company by clicking directly on the available results, “see details”.
The prices vary with the period, place of pick-up and drop-off, type/category of vehicle, number of hours of duration of the rental, age of the driver, fuel rule chosen by the User and the required excess. The total price may include additional charges to be paid on the spot when the place of drop-off does not match the place of pick-up or other additional charges such as, merely by way of example, baby seats, navigator, snow tyres, additional driver, etc.
Regardless of the type of rental chosen, TIE recommends the User to go to the summary page and select the “excess refund product” in order to be able, through the vendor, to obtain refunds for any charges of rental excess applied by rental companies on returning the vehicle.
For people of under 25 or over 65 years of age there may be restrictions and additional charges described in the rental conditions or to be paid either when booking or on site, depending on the type of rental selected.
In order to be able to pick up the car, the renter, which is the first driver, must present the original of a currently valid driving licence issued by the country of domicile and a currently valid identity document (acknowledgement of the driving permit is referred to the legislation of the single states and an international driving licence could be necessary, 1968 Vienna or 1949 Geneva Convention Form), a physical credit card with embossed numbers and with an adequate usage limit to cover the deposit amount specified in the conditions of use as well as any charges there may be on site at pick-up. Only in extremely rare cases do some rental companies accept methods other than a credit card and only when specified in the conditions of use.
No type of rental includes tolls, fines, damage not covered by policies, etc.
20. OTHER TYPES OF CONTRACT
The remaining services that can be purchased on the Website are made available via vendors. By way of example, transfers, experiences or tickets to enter tourist attractions or sports events. The User can search for them by using the engines called respectively “transfers” or “True Italian Experience”, filling in the fields and selecting the desired services from the results, when available.
Before making the purchase, TIE recommends the User to carefully read the description of the services, the way in which they are performed and to examine the possible options that may determine a change in the price of purchase compared to the price displayed as a search result. There may be restrictions on age, weight and height. Some services/experiences are subject to reaching a minimum number of participants. If the minimum number is not reached, the vendor/provider of the service reserves the right to communicate it, shortly in advance of the scheduled date, to the User or to TIE that will inform the User. In these cases, an alternative date or experience is not always offered by the vendor/provider. The prices of the experiences or tickets may differ from the nominal ones written on the ticket.
21. LIABILITY
TIE selects vendors especially carefully.
TIE shall not be held liable in any way for any failed or incorrect performance of an item in the package or of a service ascribable to the User, a cause of force majeure, a fortuitous event, or a third party unrelated to the provision of the contractual services.
TIE’s liability is in any case limited to only the services purchased from TIE, excluding all services purchased from third-party subjects.
Compensation for damages that may be due from TIE is governed by the Italian Civil Code, the Code of Tourism as well as by international conventions where applicable.
For all services brokered by TIE, liability for their proper delivery is ascribable solely to the actual vendors/providers.
In the case of a tourist package, the organiser answers for damage to the User caused by total or partial non-fulfilment of the contractual services, whether they are performed by the organiser personally or by third parties providing the services, unless it is proven that the event was due to an act of the traveller (including actions taken autonomously by the latter during the performance of the tourism services) or due to circumstances unrelated to the provision of the contractual services, a fortuitous event, force majeure, or circumstances that the very organiser, as per professional diligence, could not reasonably envisage or resolve.
If TIE is the intermediary for the package, it shall not answer for the obligations arising from the organisation of the journey, but is liable solely for the obligations arising from its capacity as intermediary and for the performance of the mandate given to it by the traveller, as specifically envisaged in art. 50 of the Code of Tourism including the guarantees indicated in art. 47 of the Code of Tourism.
Compensation for damages arising from non-performance or incorrect performance of the services under the tourist package and the terms of limitation are regulated by art. 43–46 of the Code of Tourism entirely referenced herein.
22. CANCELLING AND MODIFYING A BOOKING
Any request to cancel or modify a booking confirmed through the Website must be made directly by the User on the Website, referencing the booking and clicking on edit, selecting the required action from the ones available including the request for cancellation. Alternatively, it can be requested by contacting TIE Customer service on its business days and during its business hours, which can be consulted on the Website. All requests shall be managed during TIE business days and hours. Managing them does not imply the vendor will automatically grant them or that there will be no charge for granting them.
A request to change destination/accommodation facility/means of transport, etc. is not a request for modification, but a request to cancel the booking originally confirmed by TIE and make a new one. In that case, then, the User is required to follow the cancellation procedure.
If the User purchases services with a non-refundable/non-modifiable tariff, in the event of cancellation and/or modification the penalties will always be applied and, therefore, the User will lose the entire amount of the service purchased with the aforesaid tariff.
Should some of the participants in relation to the total number of booked passengers opt out of the journey, this may mean the entire cost of the journey will be applied.
As regards modification requests, TIE shall check availability with the vendor(s) of the services and send the User a quote as soon as it has the necessary information. In addition, a modification request cannot be equated to its acceptance.
All requests must be explicitly confirmed by TIE. With no confirmation within seven (7) days of sending the modification request or before the departure or the start date of the services, the User must consider their request as not accepted and that their initial booking is kept unchanged.
In the event of a cancellation request, the amount of the penalties, updated in real time and calculated according to the cancellation rule of every service purchased or envisaged by the organiser, is stated in the booking summary that can be consulted on the Website at any time by the registered User by referencing the booking.
In the event of cancellation, the booking expenses and the insurance premiums are never refunded.
In the same way, external costs not included in the service and already incurred by the User at the actual date of cancellation or modification (in particular, and without this list being exhaustive: issue of visas or travel expenses, vaccination fees, ancillary services purchased directly by the User or by the travellers after the booking has been made on the Website directly with the actual providers of the services, etc.) are not refunded by TIE.
Should the User be directly informed by the providers of the services purchased on the Website or by their respective vendors or by TIE about the impossibility of delivering or modifying one or more services, they may apply to and be assisted by TIE Customer Service during its business days and hours or by the Emergency Service during TIE non-business days and hours.
Cancellation of a booking by the User, no matter what the reason, does not exonerate the User from paying the penalties. Any interrupted stay or any service originally confirmed but not used by the User, especially in the event of not showing up at the airport, port, station or hotel or showing up late to the meeting place for any service, shall not give rise to any refund.
23. CHANGING NAME
The User, subject to a notice emailed to the Organiser at the address customer@trueitalianexperience.it within and no later than seven (7) days before the start of the package, may transfer the contract of sale of the tourist package to a person who meets all the conditions for making use of the service, except for travel documents for a scheduled and/or low-cost flight and paperwork including tickets for transport by ship or train.
The transferor and transferee of the tourist package sale contract are jointly responsible for paying any duties, taxes and other additional costs, including any expenses for the administration and management of the paperwork ensuing from that transfer.
Any modification requested by the User once the booking has already been accepted does not require the organiser to follow up on that if it cannot be satisfied. The first request for modification does not entail any charge. Any additional modification request entails a fixed charge for the customer of at least € 25.00 per modification, for administrative and management costs.
Only the following requests (after the first one) can be taken into consideration, with the charge:
- change of name on the paperwork for just the stay up to 7 business days before the start of the first service purchased.
- change of type of room, as a consequence of name changes, subject to availability and payment of any difference for the new arrangement.
- change of name on the paperwork including transport with a charter flight, only if communicated 7 business days before departure.
No name changes will be possible for paperwork including a normal scheduled flight and/or a low-cost flight and paperwork including tickets for transport by ship or train, except with the payment of the penalties contemplated by those carriers for the specific cases (please refer to the general conditions of the single carriers).
Modifications to dates can never be considered as simple changes to the contract as described above, but will be treated as a cancellation in accordance with the provisions of art. 22 of these General Conditions. Any decrease in the number of passengers in the paperwork is to be construed as a cancellation by some of the participants in the journey and is regulated by the above art. 22.
24. TERMINATION
In the case of a tourist package, if, prior to the start of the package, the tourist package organiser is forced to significantly change one or more of the main characteristics of the tourism services indicated in article 34, subsection 1, point a) of the Code of Tourism or cannot satisfy the specific requests indicated in article 36, subsection 5, point a) of the Code of Tourism or proposes to increase the price of the package by over 8% pursuant to article 39, subsection 3, the User, within a reasonable length of time specified by the organiser, may: a) accept the modification proposed by the organiser; b) terminate the contract without paying a penalty. In that case the restitution must be made within 14 days from the date of termination of the contract.
In the event of inevitable extraordinary circumstances occurring at the place of destination or in its immediate vicinity and that have a substantial effect on the performance of the tourist package or on the transport of passengers to the destination (for example, earthquakes, natural catastrophes, acts of terrorism), the User has the right to terminate the contract, before the start of the package, without paying any termination expenses and with a full refund of the payments made for the package, but with no right to any additional compensation. Any cancellation other than as caused by the above-mentioned circumstances, including the impossibility of the traveller enjoying the holiday, does not justify the termination without expenses contemplated by law. As regards the transport services, explicit reference is made to the general conditions of the related services purchased.
Should the User, before departure, at any time, intend to terminate the tourist package contract, outside the cases contemplated in the above subsections, they shall be required to refund the organiser with the appropriate and justifiable expenses incurred, the amount of which the latter, at the traveller's request, shall provide justification thereof. The amount of the termination expenses corresponds to the price of the package less the savings in cost and the income deriving from reallocation of the tourism services.
The tourist package contract may contemplate reasonable standard expenses for termination, calculated based on the time of termination of the contract. Whereas, as regards transport services and admittance to museums, these services are not refundable. Therefore, explicit reference is made to the general conditions of the related services purchased within the tourist packages. As regards, instead, classic experiences, TIE or Tour experiences, the User shall have the right to a refund to the extent stated hereunder:
- for Classic Experiences, the cost of the experience net of 30% as reimbursement for the organiser's expenses incurred for booking and cancelling the experience, if the termination is communicated within 10 days prior to the date of departure;
- for TIE and Tour Experiences, the cost of the experience net of 50% as reimbursement for the organiser's expenses incurred for booking and cancelling the experience, if the termination is communicated within 30 days prior to the date of departure.
The organiser may terminate the tourist package contract and offer the User a full refund of the payments made for the package, but is not required to pay any additional compensation if: a) the number of persons registered for the package is less than the minimum contemplated by the contract and the organiser communicates the termination of the contract to the traveller within the term set in the contract and in any case no later than thirty (30) days before the start of the package in the case of Tour and/or TIE Experiences and, for the other types of tourist packages/services, no later than ten (10) days before the start of the journey; b) the organiser is not able to perform the contract because of inevitable and extraordinary circumstances and communicates its termination to the User without any unjustified delay before the start of the package.
The organiser makes the refunds, when due, after deducting the appropriate expenses, without any unjustified delay and in any case within fourteen days of termination. In these cases, any functionally linked contracts entered into with third parties are terminated.
SINGLE SERVICES
For single tourism services, the User acknowledges that the tariffs of the single vendors, including those for transport, rental and accommodation facilities, have specific conditions. Issued bookings and tickets are, normally, not modifiable or refundable.
25. MODIFYING OR CANCELLING THE PACKAGE PRIOR TO DEPARTURE
The tourist package organiser reserves the right to unilaterally modify the contract conditions other than the price pursuant to article 39 of the Code of Tourism that are of little importance. The organiser shall communicate the change to the User in a clear and accurate manner on a long-lasting medium, for example email. If, before the start of the package, the organiser is forced to significantly change one or more of the main characteristics of the tourism services indicated in article 34, subsection 1, point a) of the Code of Tourism or cannot satisfy the specific requests indicated in article 36, subsection 5, point a) of the Code of Tourism or proposes to increase the price of the package by over 8% pursuant to article 39, subsection 3, the traveller, within a reasonable length of time specified by the organiser, may: a) accept the modification proposed by the organiser; b) terminate the contract without paying a penalty. In the event of termination, the organiser can offer the traveller a substitute package of an equivalent or higher value. The organiser shall, without an unjustified delay, inform the travel in a clear and accurate manner on a long-lasting medium: a) of the proposed modifications and their effect on the price of the package; b) of the consequences of the traveller failing to answer and of the substitute package, if any, and its related price. The traveller is required to inform the organiser of their decision within two business days from when they received the modification notice. If the modifications to the tourist package contract or to the substitute package involve a package of a lower quality or cost, the traveller has the right to an appropriate price reduction. Only in the event of termination of the tourist package contract due to a price increase greater than 8% or essential modifications as specified above and if the traveller does not accept the substitute package, the organiser, without an unjustified delay and in any case within 14 days of the termination of the contract, refunds all the payments made by or on behalf of the traveller and has the right to be compensated for non-performance of the contract, except in the following cases: a) there is no provision for any compensation deriving from cancellation of the tourist package when its cancellation depends on failing to reach the minimum number of participants that may be required; b) there is no provision for any compensation deriving from cancellation of the tourist package when the organiser demonstrates that the lack of conformity is ascribable to a cause of force majeure or a fortuitous event; c) likewise there is no provision for any compensation deriving from cancellation of the tourist package when the organiser demonstrates that the lack of conformity is ascribable to the traveller or to a third party unrelated to the provision of tourism services included in the tourist package contract and is unforeseeable or inevitable.
26. ASSISTANCE
TIE provides assistance through its Customer Service, in Italian and in English, for visitors and other Users registered on the platform during the business days and hours specified on the Website.
The User is given an emergency phone number or the data of a contact point through which to reach the vendor/provider, during TIE non-business days and hours, on the occurrence of potential issues strictly related to services or packages confirmed by TIE.
27. COMPLAINT
Any complaint due to non-performance or incorrect performance of the contract must be reported by the User, in accordance with the obligations of propriety and good faith indicated in articles 1175 and 1375 of the Italian Civil Code, within 24 hours of the service delivery start date, to the package organiser by email at the address complaint@trueitalianexperience.it, so that the organiser and/or provider of the service can promptly remedy the situation unless this is impossible or incurs costs that are out of proportion considering the importance of the non-conformity and the value of the relevant travel services.
Contracts that cover the offer of a transport service only, an accommodation service only, or any other separate tourism service, cannot amount to travel organisation or a tourist package, do not enjoy the protection provided by the Code of Tourism and the contractual conditions of the single vendor or actual provider of the service shall apply.
For any disservice related to flights and in the event of loss or deterioration of luggage during air transport, before making any complaint the User is required to apply to the airline: having them ascertain the disservice, loss or deterioration of the luggage before leaving the airport, subsequently filing a report and attaching the originals of the following documents: travel document, declaration of loss, receipt of luggage registration. In the event of loss or deterioration of luggage during air transport or in the event of a late air flight, if the User has taken out insurance to cover these risks they are required to submit a report to the insurance company within the term envisaged in the above-mentioned contract.
The insurance company will only accept applications substantiated by all the receipts envisaged by the contract.
In order to resolve disputes, the parties shall be able to submit complaints on the website (https://www.camera-arbitrale.it/it/mediazione/mediazione-civile-e-commerciale-d-lgs-28-2010.php?id=372).
28. INSURANCE
Unless explicitly included in the price, it is possible and advisable to enter into special insurance policies at the time of booking in order to cover the costs of termination (always due except for the specific exceptions provided for in the code of tourism) as well as the costs of injuries and/or illnesses that also cover the costs of repatriation and for the loss of and/or damage to luggage. TIE recommends the User to take out travel insurance.
When purchasing travel insurance through the Website, the contract shall be concluded directly with the Insurance Company, whose terms and conditions apply to said insurance: TIE merely acts as an intermediary.
29. APPLICABLE LAW AND JURISDICTION FOR NON-EU TRAVELLERS
These General Conditions and the relationship between the User and TIE are governed by Italian law, including therein the Code of Tourism and Legislative Decree No. 206 of 6 September 2005 setting forth the Italian Consumer Code for the part relating to remote contracts. These Conditions are drawn up in Italian. Contracts concluded on the TIE Website are understood to be entered into in Italian and governed by Italian law while honouring any additional Consumer rights based on the law of the state of domicile. For any dispute concerning these terms and conditions, the court of appeal of Milan shall have jurisdiction, while honouring the rights of Consumers to also take action through the courts of the state where they are domiciled and to respond only in the state of domicile.
With reference to non-EU Users, the contract as wells as the relations deriving from it that may be entered into between the User and TIE through the Website shall be governed by the laws of the Italian Republic. By the express will of both parties, any dispute that may arise between the parties related in any way to the contract and/or anyhow related to its interpretation and/or performance and/or validity and/or effectiveness shall be transferred to the sole jurisdiction of the Italian magistrate with exclusive territorial competence of the court of Milan, any other form of jurisdiction and alternative and/or rival court being waived by mutual consent.
30. OBLIGATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF ITALIAN LAW No. 38/2006
Pursuant to art. 17 of law no. 38/2006, Italian law punishes crimes concerning prostitution and child pornography with imprisonment, even if committed abroad.
Version of May 2023