Legal
Terms & Conditions
Terms & Conditions
Italy Desire Srls, Viale Giuseppe Mazzini, 134 - 00195 Rome, Italy, Tour Operator with license c_f839/Comune_di_Napoli/0210899 dated 03/09/2023, Liability insurance policy R.C. NOBIS Compagnia Assicurazioni no. 203060137 hereinafter referred to as Italy Desire.Italy Desire organizes tourist packages based on the administrative authorization described above and in accordance with EU directive no. 90/314 transposed by Legislative Decree of March 17, 1995, no. 111.
Confirmation of any service implies having read and accepted the terms and conditions below.
1. Introduction. Concept of a tourist package
- Legislative Decree no. 111 of March 17, 1995, regarding the implementation of Directive 90/314/EEC for consumer protection, establishes that both the organizer and the seller of the tourist package requested by the client must be authorized to carry out their activities (art. 3/1, letter A, Legislative Decree 111/95).- The customer has the right to receive a copy of the sale contract of the tourist package (pursuant to Article 6 of Legislative Decree 111/95), which is the necessary document to eventually request the Guarantee Fund.
The concept of a "tourist package" (article 2/1 of Legislative Decree 111/95) is as follows: The objects of tourist packages are trips, holidays, and "all-inclusive" circuits resulting from the predefined combination of at least two of the following elements, sold or offered at a flat rate, the duration of which exceeds 24 hours, or at least one night:
a) transportation;
b) accommodation;
c) tourist services not additional to transportation or accommodation that constitute an important part of the "tourist package."
2. Legislative sources
In addition to the above-mentioned regulations, the sale contract of a tourist package is also regulated by:
- Clauses highlighted in the travel documentation provided to the customer.
- Law of December 27, 1977, no. 1084 ratified and executed by the International Convention on Travel Contracts (CCV) signed on April 23, 1970, in Brussels.
- Legislative Decree no.111/95, issued as the implementation of Directive no. 90/314/EEC concerning travel, holidays, and "all-inclusive" circuits.
Moreover, the distance contract signed by the consumer is subject to Legislative Decree no. 185 of May 22, 1999, concerning the implementation of Directive 97/7/EC on consumer protection in relation to distance contracts, and Legislative Decree no. 70 of April 9, 2003, concerning the implementation of Directive 2000/31/EC on aspects related particularly to electronic commerce.
3. Package Price
The price of the tourist package is fixed in the contract; extra expenses, such as mandatory taxes to be paid on-site, are always specified in the notes and details of the offer. The price can be modified up to 20 days before departure in case there are variations in transportation costs, including fuel costs, taxes, and charges such as landing, boarding, disembarking at ports and airports, and exchange rates applied to the package itself.
4. Reservations and Payments
Reservations can be made only upon the client's acceptance of the conditions of this contract. The contract is considered concluded when Italy Desire has confirmed the reservation via email, fax, or by phone. Specifics about the package or a single tourist service are included in the notes and details of the offer (displayed before the contract is signed), or in other communication tools, as stipulated by the current law. In the event that the tourist product created by Italy Desire requires a minimum number of participants, Italy Desire reserves the right not to proceed with the trip if the required minimum number of participants has not been reached.
Upon confirmation of the reservation, the customer is required to pay 30% (in some cases, where services such as hotels, guided tours, and particularly costly transport are involved, the organizer reserves the right to increase this percentage) of the total package amount. The payment of the balance of the tourist package must be made no later than 21 days before the customer's arrival.
5. Customer Cancellation
The customer can withdraw from the contract without paying penalties in the following cases:
- Communicate the intention to cancel the package at least 60 days before their arrival, to obtain a full refund.
- Communicate the intention to cancel the package at least 21 days before their arrival, to obtain a partial refund of 50%
- In case of cancellations received after 21 days before their arrival, no refund will be granted
- Price increases exceeding 10 percent after the contract is signed for reasons specified in the above-mentioned article (Article 3).
- Significant changes to one or more substantial elements of the contract, which can be objectively defined as fundamental for the enjoyment of the tourist package as a whole and proposed by the organizer after the contract is signed but before departure. In these cases, the customer has the right to:
a) Take advantage of an alternative tourist package from Italy Desire, without additional costs or with a refund of the difference in case the second tourist package is of lesser value than the first.
b) Obtain a refund of the money already paid. The refund must be made within seven working days of receiving the refund request. The customer must communicate their decision (to accept the modification or withdraw) within two working days from the moment the increase or price change is announced. If there is no explicit official announcement within the mentioned period, the proposal made by the organizer is considered accepted.
No refund will be due to the customer for cancellations received less than 21 days before arrival. Train tickets and the cost of entry to museums and archaeological sites will not be refunded even for cancellations received within 21 days before arrival.
6. Participants' Obligations
Participants must possess valid personal passports or other documents for the destination country, along with a health certificate if required. Additionally, tourists must adhere to standard rules of prudence and diligence, as well as the specific regulations in force in the destination countries, all information provided by the organizer, and the administrative and/or legislative provisions concerning the tourist package. Participants will be held responsible for any damages suffered by the organizer due to their failure to follow the aforementioned obligations.
7. Duty of Assistance
The organizer is obliged to provide assistance to the client based on a principle of professional diligence, solely in reference to their obligations or by virtue of contract or legal regulations. The organizer and the seller are exempt from their responsibilities when the unsuccessful or incorrect execution of the contract depends on the client, an inevitable or unforeseeable event from third parties, or an accidental or force majeure event.
8. Complaints
Any unsuccessful execution of the contract must be notified by the client at the moment it occurs, so that the organizer or their local representative can immediately find a solution. The client can file a complaint by sending an email to the organizer within 10 working days from the date of departure. If complaints arise at the place of executing tourist services, the organizer must assist the client as per Article 7 to find a prompt and fair solution. Similarly, even in the case of a complaint reported at the end of the service, the organizer must provide and ensure a timely response to the client's request.
9. Insurance
In packages created by Italy Desire, insurance policies are generally not included. It is recommended to take out special insurance policies that cover expenses arising from the cancellation of the tourist package, illnesses, accidents, and loss of luggage.
10. Competent Court
All disputes between the two parties in relation to this contract will take place in the Court of Rome.