REGULATIONS GOVERNING PACKAGE TOURS AND SINGLE-DATE EVENTS
1. LEGISLATIVE SOURCES
The sale of package tours, involving services to be provided both in Italy and abroad, is governed by Law No. 1084 of 27/12/1977 ratifying and implementing the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970 – insofar as applicable – as well as by the Consumer Code set out in Legislative Decree No. 206 of 6 September 2005 (Articles 82–100) and subsequent amendments.
2. AUTHORIZATIONS
The tour organizer and the seller of the package tour to whom the consumer applies must be authorized to carry out their respective activities under the applicable administrative regulations.
3. DEFINITIONS
For the purposes of this contract, the following definitions apply:
a) tour organizer: the party who combines the elements referred to in Article 4 below and undertakes, in its own name and for a lump-sum consideration, to provide package tours to third parties;
b) seller: the party who sells, or undertakes to procure, package tours arranged pursuant to Article 4 below, for a lump-sum consideration;
c) consumer of package tours: the purchaser, the transferee of a package tour, or any other person, even one to be named later, provided they meet all the conditions required to use the service, on whose behalf the main contracting party undertakes to purchase a package tour without remuneration.
4. DEFINITION OF PACKAGE TOUR
The definition of a package tour is as follows:
“Package tours are trips, holidays and all-inclusive tours resulting from a pre-arranged combination of at least two of the elements listed below, sold or offered for sale at an inclusive price, and lasting more than 24 hours or covering a period including at least one overnight stay:
a) transport;
b) accommodation;
c) tourist services not ancillary to transport or accommodation (omitted) ……. that constitute a significant part of the “package tour” (Art. 84 Consumer Code).
The consumer has the right to receive a copy of the package tour sales contract (pursuant to Articles 85 and 86 of the Consumer Code), which is also the document needed to access the Guarantee Fund referred to in Article 20 of these General Contract Conditions, if applicable.
5. MANDATORY INFORMATION – TECHNICAL DATA SHEET
The organizer is required to include a technical data sheet in the catalogue or in the out-of-catalogue programme. The mandatory items to be included in the technical data sheet of the catalogue or out-of-catalogue programme are:
– details of the organizer’s administrative authorization or, where applicable, the D.I.A. (Declaration of Commencement of Activity);
– details of the civil liability insurance policy;
– period of validity of the catalogue or of the out-of-catalogue programme;
– procedures and conditions for the substitution of the traveler (Art. 89 Consumer Code);
– parameters and criteria for price adjustment of the trip (Art. 90 Consumer Code).
The organizer will also inform passengers of the identity of the actual carrier(s) within the timeframe and in the manner set out in Art. 11 of EC Regulation 2111/2005.
6. BOOKINGS
The booking request must be made using the appropriate contractual form, which may be electronic, filled in completely and signed by the client, who will receive a copy of it. Acceptance of bookings, and consequent conclusion of the contract, is deemed finalized only when the organizer sends confirmation to the client, including by electronic means, at the selling travel agency.
Any details relating to the package tour not contained in the contractual documents, brochures or other written communication will be provided by the organizer in compliance with the obligations set out in Art. 87, paragraph 2 of the Consumer Code, before the start of the trip.
7. PAYMENTS
At the time of booking, a deposit of 25% of the price of the package tour must be paid, or upon a binding request; the balance must be paid at least 30 days before the scheduled departure, or at the time of booking if made within 30 days of departure, unless otherwise specifically agreed. Failure to pay the organizer the above amounts by the established dates constitutes an express termination clause allowing the seller or organizer to terminate the contract by operation of law.
Failure to pay the above amounts by the established dates constitutes an express termination clause allowing the intermediary agency and/or the organizer to terminate the contract by operation of law.
8. PRICE
The price of the package tour is determined in the contract, with reference to what is indicated in the catalogue or out-of-catalogue programme and any subsequent updates to such catalogues or programmes. It may be changed up to 20 days before departure, and only as a result of changes in:
– transport costs, including fuel costs;
– duties and taxes on certain types of tourist services, such as landing, embarkation or disembarkation taxes at ports and airports;
– exchange rates applied to the package tour in question.
For such changes, reference will be made to the exchange rates and costs mentioned above in effect on the date the programme was published, as indicated in the catalogue’s technical data sheet, or on the date shown in any subsequent updates.
Such fluctuations will affect the inclusive price of the package tour by the percentage expressly indicated in the technical data sheet of the catalogue or out-of-catalogue programme.
9. CHANGES TO OR CANCELLATION OF THE PACKAGE TOUR BEFORE DEPARTURE
Before departure, the organizer or seller who needs to significantly change one or more elements of the contract must give the consumer immediate written notice, indicating the type of change and the resulting price variation.
If the consumer does not accept the proposed change referred to in paragraph 1, they may alternatively exercise the right to recover the amount already paid or to take advantage of an offer for a replacement package tour, pursuant to paragraphs 2 and 3 of Article 10.
The consumer may exercise the above rights even when the cancellation results from failure to reach the minimum number of participants set out in the Catalogue or out-of-catalogue Programme, or from cases of force majeure or fortuitous events relating to the package tour purchased.
For cancellations other than those caused by force majeure, fortuitous events, or failure to reach the minimum number of participants, as well as for cancellations other than the consumer’s non-acceptance of the alternative package tour offered, the organizer who cancels (Art. 33(e) Consumer Code) will reimburse the consumer double the amount paid by and received from the consumer, through the travel agent.
The amount to be reimbursed will never exceed double the amounts that the consumer would owe as of the same date under Art. 10, paragraph 4, if it were the consumer who cancelled.
10. CONSUMER WITHDRAWAL
The consumer may withdraw from the contract, without paying penalties, in the following cases:
– a price increase as per the preceding Art. 8 exceeding 10%;
– a significant change to one or more elements of the contract that can be objectively considered fundamental to the enjoyment of the package tour as a whole, proposed by the organizer after conclusion of the contract but before departure, and not accepted by the consumer.
In the above cases, the consumer is alternatively entitled:
– to make use of an alternative package tour, without a price supplement, or with reimbursement of the price difference if the second package tour is of lower value than the first;
– to a refund of only the portion of the price already paid. Such refund must be made within seven working days of receipt of the refund request.
The consumer must communicate their decision (to accept the change or to withdraw) within and no later than two working days from when they received notice of the increase or change. Failing express communication within this period, the organizer’s proposal is deemed accepted.
A consumer who withdraws from the contract before departure, outside the cases listed in the first paragraph, will be charged – regardless of payment of the deposit under Art. 7, paragraph 1 – the individual file-management cost, the penalty in the amount indicated in the technical data sheet of the Catalogue, out-of-catalogue Programme or tailor-made trip, any cost of insurance coverage already requested at the time the contract was concluded, or for other services already rendered.
11. CHANGES AFTER DEPARTURE
If, after departure, the organizer is unable for any reason, other than a matter attributable to the consumer, to provide a significant part of the services covered by the contract, it must arrange alternative solutions at no extra cost to the contracting party and, if the services provided are of lower value than those originally planned, must reimburse the consumer for the difference.
If no alternative solution is possible, or if the solution arranged by the organizer is refused by the consumer for valid and justified reasons, the organizer will provide, at no extra cost, transport equivalent to that originally planned for the return to the place of departure or to a different agreed location, subject to availability of means and seats, and will reimburse the consumer for the difference between the cost of the services planned and those actually provided up to the time of early return.
12. SUBSTITUTIONS
A consumer who withdraws may be replaced by another person, provided that:
a) the organizer is informed in writing at least 4 working days before the scheduled departure date, and is simultaneously informed of the reasons for the substitution and the personal details of the transferee;
b) the transferee meets all the conditions required to use the service (pursuant to Art. 89 Consumer Code), and in particular the requirements relating to passport, visas, and health certificates;
c) the services in question, or other replacement services, can be provided following the substitution;
d) the substitute reimburses the organizer for all additional expenses incurred in making the substitution, in the amount to be specified before the transfer.
The transferor and the transferee are jointly and severally liable for payment of the balance of the price as well as the amounts referred to in letter d) of this article.
Further methods and conditions for substitution are indicated in the technical data sheet.
13. CONSUMER OBLIGATIONS
During negotiations, and in any case before the contract is concluded, Italian citizens are provided in writing with general information – updated as of the catalogue’s printing date – regarding health requirements and the documentation needed to travel abroad. Foreign citizens will obtain equivalent information through their diplomatic representations in Italy and/or their respective official government information channels.
In any case, consumers must verify, before departure, that this information is up to date with the competent authorities (for Italian citizens, the local Police Headquarters or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the telephone hotline at 06.491115), and to comply accordingly before the trip. In the absence of such verification, neither the seller nor the organizer can be held responsible for the failure of one or more consumers to depart.
Consumers must inform the seller and organizer of their citizenship and, at the time of departure, must make sure they have vaccination certificates, individual passports and any other valid documents for all countries on the itinerary, as well as any residence or transit visas and health certificates that may be required.
Furthermore, in order to assess the health and security situation of the destination countries and, therefore, the practical usability of the services purchased or to be purchased, the consumer will obtain (using the information sources indicated in paragraph 2) official general information from the Ministry of Foreign Affairs, which expressly indicates whether destinations are or are not subject to a formal travel advisory.
Consumers must also comply with normal rules of prudence and diligence, as well as those specifically in force in the destination countries, with all information provided to them by the organizer, and with the regulations and administrative or legislative provisions relating to the package tour. Consumers will be liable for any damage suffered by the organizer and/or seller due to failure to comply with the above obligations.
The consumer is required to provide the organizer with all documents, information and evidence in their possession useful for the organizer to exercise its right of subrogation against third parties responsible for the damage, and is liable to the organizer for any prejudice caused to that right of subrogation.
The consumer will also notify the organizer in writing, at the time of booking, of any special personal requests, which may be the subject of specific agreements on the manner of the trip, provided these can be fulfilled.
The consumer must always inform the Seller and the Organizer of any particular needs or conditions (pregnancy, food intolerances, disabilities, etc.) and expressly request any related personalized services.
14. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalogue or other informational material solely on the basis of the express and formal indications of the competent authorities of the country where the service is provided.
In the absence of official classifications recognized by the competent Public Authorities of the countries concerned, including EU member states, the organizer reserves the right to provide, in the catalogue or brochure, its own description of the accommodation facility, in such a way as to allow the consumer to evaluate and accept it.
15. LIABILITY REGIME
The organizer is liable for damage caused to the consumer due to total or partial failure to perform the contractually owed services, whether performed personally or by third-party suppliers, unless it proves that the event resulted from an act of the consumer (including independent initiatives undertaken by the consumer during the performance of the tourist services) or from circumstances unrelated to the provision of the services set out in the contract, from a fortuitous event, from force majeure, or from circumstances that the organizer, exercising professional diligence, could not reasonably foresee or resolve.
The seller with whom the package tour was booked is in no case liable for obligations arising from the organization of the trip, but is liable solely for obligations arising from its role as intermediary, and in any case within the limits provided for such liability under applicable law.
16. LIMITS ON COMPENSATION
Compensation for damages may in no case exceed the limits set out in Articles 94 and 95 of the Consumer Code.
17. DUTY OF ASSISTANCE
The organizer is required to provide the consumer with the assistance measures imposed by the criterion of professional diligence, exclusively with regard to the obligations placed upon it by law or contract.
The organizer and the seller are exempted from their respective liabilities (Articles 15 and 16 of these General Conditions) when the failure or inaccurate performance of the contract is attributable to the consumer, or resulted from an unforeseeable or unavoidable act of a third party, or was caused by a fortuitous event or force majeure.
18. COMPLAINTS AND CLAIMS
Any failure in the performance of the contract must be reported promptly by the consumer so that the organizer, its local representative or the tour escort can remedy it in a timely manner. Otherwise, breach of contract cannot be claimed.
The consumer must also – on pain of forfeiture – file a complaint by sending a registered letter with return receipt to the organizer or seller, within and no later than ten working days from the date of return to the place of departure.
19. INSURANCE COVERAGE
To register for a Tour DiViNi trip, the consumer is required to take out the Inclusive Insurance Coverage, which includes trip cancellation, health assistance and reimbursement of medical expenses, baggage damage, and the “Zero Risk Travel” policy covering fortuitous events and force majeure during the trip. However, at the time of booking confirmation, the client may decline the Inclusive Insurance Coverage by means of a written statement releasing Tour DiViNi from any liability. In this case, only the medical/baggage insurance coverage will be mandatory, which will therefore have a fixed but lower cost.
20. GUARANTEE FUND
The National Guarantee Fund (Art. 100 Consumer Code), established to protect consumers holding a contract, provides for the following in the event of insolvency or declared bankruptcy of the seller or organizer:
a) refund of the price paid;
b) repatriation in the case of trips abroad.
The Fund must also provide immediate financial availability in the event of the forced return of tourists from non-EU countries in emergencies, whether or not attributable to the organizer’s conduct.
The Fund’s operating procedures are established by the Decree of the President of the Council of Ministers of 23/07/99, No. 34.
ADDENDUM
GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts for the sole provision of transport, accommodation, or any other separate tourist service, which cannot be classified as a trip organization contract or package tour, are governed by the following provisions of the CCV: Art. 1, Nos. 3 and 6; Articles 17 to 23; Articles 24 to 31, insofar as they concern matters other than those relating to the organization contract, as well as by the other clauses specifically referring to the sale of the individual service that is the subject of the contract.
B) CONTRACT CONDITIONS
The following clauses of the General Conditions of Contract for the sale of package tours set out above also apply to such contracts: Art. 6, paragraph 1; Art. 7, paragraph 2; Art. 13; Art. 19. The application of these clauses does not in any way make such contracts qualify as package tours. The terminology of the aforementioned clauses relating to the package tour contract (organizer, trip, etc.) must therefore be understood as referring to the corresponding parties of the contract for the sale of individual tourist services (seller, stay, etc.).
Approved in September 2007 by Astoi, Assoviaggi, Assotravel, Fiavet
LOCAL EXCURSIONS
Excursions, services and arrangements purchased by the consumer locally and not included in the price of the package tour fall outside the scope of the contract entered into by Tour DiViNi as organizer. Therefore, no liability may be attributed to Tour DiViNi, whether as organizer or as service intermediary, even in the event that, as a courtesy, local residents, tour escorts or local correspondents may assist with booking such excursions.
MANDATORY NOTICE PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006
Italian law punishes offences related to prostitution and child pornography with imprisonment, even when committed abroad.
MANDATORY INFORMATION PURSUANT TO REG. 2027/1997
Community air carriers and those belonging to States that are parties to the 1999 Montreal Convention are subject to the following liability regime:
There is no financial limit on the air carrier’s liability for death, injury or personal harm to the passenger.
For damages exceeding 100,000 SDR (approximately €120,000), the air carrier may contest a compensation claim only if it can prove that the damage is not attributable to it.
In the event of delay in passenger transport, the carrier is liable for damage up to a maximum of 4,150 SDR (approximately €5,000).
In the event of destruction, loss, damage or delay in returning baggage, the air carrier is liable for damage up to 1,000 SDR (approximately €1,200).
It is possible to make a special declaration of higher value for baggage or take out specific insurance by paying the relevant supplement, at the latest at check-in.
Carriers belonging to States that are not parties to the Montreal Convention may apply liability regimes different from the one described above.
PASSENGER INFORMATION PURSUANT TO REG. 2111/2005
The name of the carrier that will operate your flight(s) is shown on the booking confirmation sheet; any changes will be promptly communicated to you, in compliance with Regulation 2111/2005.
TECHNICAL DATA SHEET
pursuant to Art. 5 – Integral Part of the General Conditions of Contract for the Sale of Package Tours.
Payment terms
The consumer must pay a deposit of 25% of the price of the package tour as set out in Art. 7 of the General Conditions of Contract for the Sale of Package Tours, while the balance of the price of the booked package must be paid at least 30 days before departure, unless otherwise specifically agreed.
Substitution
Any change requested pursuant to Art. 12 by the consumer after confirmation by Tour DiViNi of all services included in the package will result in the consumer being charged an additional fee called the “File Change Fee,” equal to €25.00. The change of name from the withdrawing client to the substitute may not be accepted by a third-party service provider for certain types of services, even if made within the timeframe set out in Art. 12, paragraph a, of the general contract conditions.
The organization will therefore not be liable for any failure by third-party service providers to accept the change. Such non-acceptance will be promptly communicated by the organization to the parties concerned before departure.
Cancellation penalties for individual trips:
A consumer who withdraws from the contract before departure, except in the cases listed in the first paragraph of Article 9 (of the General Conditions of Contract for the Sale of Package Tours) and regardless of payment of the deposit provided for in Article 7, paragraph 1 (of the General Conditions of Contract for the Sale of Package Tours), and unless otherwise specified below and/or at the time services are confirmed, will be charged the following as a penalty:
– The file-management fee per person:
– The insurance coverage premium:
– The following percentages of the base trip participation fee, calculated based on how many days before the start of the trip the cancellation occurred (the day count does not include the day of withdrawal, notice of which must be received on a working day before the start of the trip):
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In addition to penalties relating to air tickets (special fares, instant purchase, low cost and scheduled flights)
– Please note that:
– Reference is always to “calendar” days;
– For certain destinations, particular services, pre-formed groups, or certain trip combinations, the above penalties may be subject to significant variations, which will in any case be agreed upon and specified when the contract is signed.
– For certain tourist and non-tourist services, penalties may be 100% already at the time of the irrevocable proposal or of booking/confirmation by the tour operator; such variations will be indicated in the documents relating to out-of-catalogue programmes, tailor-made trips, or trips and services in general not fully or partially included in this catalogue;
– In any case, no refund is due to a consumer who unilaterally decides to interrupt the trip or stay.
21. INSURANCE COVERAGE
To register for a Tour DiViNi trip, the consumer is required to take out the INCLUSIVE INSURANCE COVERAGE, which includes trip cancellation, health assistance and reimbursement of medical expenses, baggage damage, and the “Zero Risk Travel” policy covering fortuitous events and force majeure during the trip.
The per-person cost of the INCLUSIVE INSURANCE COVERAGE, to be paid upon registration for the trip, is based on the individual participation fee and is therefore to be understood as a per-person amount:.
Alternatively, at the time of booking confirmation, by signing a release in favor of Tour DiViNi, the consumer may decline to take out the INCLUSIVE INSURANCE COVERAGE. In this case, the client will only be provided with the MEDICAL/BAGGAGE POLICY, covering health assistance, reimbursement of medical expenses and baggage damage. The per-person cost of the MEDICAL/BAGGAGE POLICY, to be paid upon registration for the trip, is: €20 per person.
Insurance costs are non-refundable.
22. FILE-MANAGEMENT FEE
The file-management fee is per person, is payable upon registration, and is non-refundable.
Adults €20
Children and youths aged 5 to 15 €10
Infants 0–4 years FREE
THIS CATALOGUE HAS BEEN DRAWN UP IN COMPLIANCE WITH LEGAL REQUIREMENTS.
- TECHNICAL ORGANIZATION. Tour DiViNi di Cristina Sorice, registered office at Strada del Lauro 43, 10132 Turin – Italy – VAT No. 10334930012 – Piedmont Region Authorization/License No. 0027365.
- VALIDITY. The validity of Tour DiViNi tour operator programmes is always indicated in the proposal, in the catalogues, on the website, as well as in quotes requested for alternative custom-built solutions.
- EXCHANGE RATES. The reference exchange rates are those indicated in the proposal and/or quote and are those recorded by the ECB/UIC, as published in “Il Sole 24 Ore” on the date the quote was requested.
- CIVIL LIABILITY INSURANCE POLICY. Tour DiViNi has taken out, pursuant to Art. 99 of the Consumer Code (Legislative Decree No. 206/2005), a Professional Civil Liability policy with ITALIANA ASSICURAZIONI S.p.A. No. 184880, for a coverage limit of €2,066,000.00.
- AIR CARRIER. The name of the carrier that will operate your flight(s) is shown on the confirmation sheet; any changes will be promptly communicated to you, in compliance with Regulation 2111/2005.
- PRICE VARIATIONS. Variations in transport costs and fuel costs, as well as duties and taxes such as landing, disembarkation or embarkation taxes at ports and airports, in accordance with and in compliance with the Consumer Code. As for fuel costs, for scheduled flights, an adjustment equal to that requested by the Airlines may be applied.
Price list variations and adjustments will be communicated to Clients through the intermediary agencies.
Privacy
Notice pursuant to Art. 13 of Legislative Decree 196/2003: The data of the person signing this contract and of the other participants, the provision of which is mandatory to ensure they can make use of the services included in the package tour purchased, will be processed manually and/or electronically in compliance with applicable regulations. Refusal to provide such data will make it impossible to conclude the contract and provide the related services. Unless otherwise indicated separately, which may also be shown in the catalogue and/or on the respective websites, the data controllers are the selling Agency and the organizing Agency. Where necessary, data will only be communicated to competent authorities, insurers, local correspondents or representatives of the seller or organizer, suppliers of services included in the package tour, or otherwise to parties to whom data transmission is necessary in connection with the conclusion of the contract and the use of the related services. Data may also be communicated to tax, accounting and legal consultants for the fulfilment of legal obligations and/or the exercise of rights before the courts. All rights under Art. 7 of Legislative Decree 196/2003 may be exercised at any time.
You can find Tour DiViNi’s programmes only here: Cristina Sorice – STRADA DEL LAURO 43, 10132 Torino, Italy; +39.335.6326512 tourdivini@tourdivini.com – or at WWW.TOURDIVINI.IT © copyright 2026 Tour DiViNi – all rights reserved