Terms and conditions
Terms and conditions
General conditions of sale
These conditions are an integral part of the travel contract, together with the description of the travel package contained in the catalogue, or in the separate travel program, as well as the estimate and booking confirmation of the services requested by the tourist / traveller. By signing the proposal for the sale of a travel package, the tourist / traveller must bear in mind that he confirms that he has read and accepted, for himself and for the subjects for whom he requests the booking of the travel package, the travel contract composed of the documents above specified.
The general terms and conditions can also be downloaded as a pdf file.
#1, 2, 3, 4. General conditions of sales of travel packages
1. Sources of lawThe sale of travel packages, which have as their object services to be provided in a both national and international territory, is governed by the Legislative Decree no. 79 of 23 May 2011 (the “Code of Tourism”) - (Articles 32-51nonies) - and its subsequent amendments, as well as by the European Union Directive 2015/2032 on package travel and related services, as implemented by the Legislative Decree 62/2018, which amended the Code of Tourism.
2. DefinitionsFor the purposes of this agreement, the following definitions shall apply: a) organizer: anyone who combines and sells or offers for sale packages, either directly or by means of, together with, another professional; b) trader: the professional other than the organizer who sells or offers for sale packages combined by organizer; c) traveller: anyone who is seeking conclude, agree upon, or is authorized to travel on the basis of a travel package agreement; d) catalogue: information relating to a travel package - as defined in the following article 4 – displayed on the website www.girolibero.it, or in other documents or communications of Girolibero; e) estimate: the document or communication through which, Girolibero communicates to the customer, following the request of the latter, the price of the chosen travel package; f) professional: any natural or legal person who, regardless of whether it is a public or private entity, acts within the framework of his commercial, industrial, artisan or professional activity, including by means of any other person acting in his name or on his behalf, as an organizer, trader, a professional facilitating related travel services, or as a travel services provider.
3. Concept of travel packageThe definition of travel package is the following: “combination of at least two different types of travel services for the purpose of the same trip or holiday such as (I) carriage of passengers; (II) accommodation, which is not intrinsically part of carriage of passengers and is not for residential purposes or for long term language courses; (III) rental of cars, other motor vehicles within the meaning of the Ministerial Decree of April 28, 2008 or motorcycles requiring a Category A driving licence in accordance the Legislative Decree n.2 of January 16, 2013; and (IV) any other travel service not intrinsically part of a travel service within the meaning of points 1, 2, 3, and which is not a financial or an insurance service for the purpose of the same trip or holiday, if one of the following conditions occurs: a) these services are combined by one single professional, including at the request of, or in accordance with, the selection of the traveller before a single contract regarding all services is concluded; b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are: b.1) purchased from a single point of sale and those services have been selected before the traveller agrees to pay; b.2) offered, sold or charged at an all-inclusive or total price; b.3) advertised or sold under the term ‘package’ or under a similar term; b.4) combined after the conclusion of a contract by which a professional entitles the traveller to choose among a selection of differ- ent types of travel services or, purchased from separate professionals through linked online booking processes, where the traveller's name, payment details and e-mail address are transmitted from the professional with whom the first contract is concluded to another professional or professionals and a contract with the latter professional or professionals is concluded at the latest 24 hours after the confirmation of the booking of the first travel service (art. 33, letter c) Code of Tourism). The traveller has the right to receive a copy of the travel package sale agreement (drafted pursuant to, and in accordance with the provisions of article 36 of the Code of Tourism) and this copy may also be provided to the traveller in digital format. The agreement gives the right to access the guarantee fund referred to in the successive art. 20.
4. Obligatory information - Technical sheet- Information formDuring the pre-contractual phase, the information form provided for in art. 34, paragraph 1 of the Code of Tourism and prepared pursuant to the models attached to such code was made available to the traveller. The technical sheet is attached to this agreement.
#5, 6, 7. Booking, Payments, Price
5. BookingThe booking request must be drafted on the appropriate contract form, also in an electronic format, must be completed in its entirety and also signed with digital signature or by filling in the complete name by the traveller. Acceptance of bookings is considered completed, and the agreement is thus signed, only when the organizer will send confirmation, also online, to the traveller or the trader. The indications relating to the travel package which are not contained in the contractual documents, in the brochures or in other means of written communication, will be provided by the organizer to the traveller - also by e-mail - in fulfillment of its obligations, in good time before the beginning of the travel (Article 34 and 36 of the Code of Tourism). Special requests concerning the terms of supply and/or the execution of certain services contained within the travel package, including the need for airport assistance for people with reduced mobility, the request for special meals on board, or during the holiday resort, must be done during the booking request phase, subject to a specific agreement between the traveller and the organizer.
6. PaymentsA down payment of 25% of the total amount is required when booking; the final payment is required 45 days before the departure date, or in conjunction with the booking, if made within 45 days prior to departure. Failure to pay the sums referred to above on the agreed dates implies the early termination of the agreement pursuant to art. 1456 of the Italian Civil Code.
7. PriceThe price of the travel package is provided for in the agreement, with reference to what is specified in the estimate and valid for the same period of time as indicate in the estimate. Pursuant to art. 39 of the Code of Tourism the price may be varied – by increasing or decreasing it - up to 20 days before the departure and only as a consequence of changes in: • transportation costs, depending on the cost of fuel or other energy sources; • rights and taxes on certain types of travel services included in the package and set by third parties not directly involved in the execution of the package, such as levies, landing fees, boarding or disembarkation in ports and airports; • exchange rates applied to the package in question. For these changes, reference will be made to the exchange rates and costs mentioned above, in force as of the date of publication of the program as reported in the technical data sheet, or on the date reported in any of the updates referred to above. In any case, the price cannot be increased in the 20 days preceding the departure and the change cannot be higher than 8% of the original price. The price is composed of: a) registration fee or file management fee; b) membership fee: shown in the catalogue or in the quotation of the package provided to the traveller; c) airport and /or port charges and taxes; d) administrative and file management costs of the organizer and / or trader. The price of additional services sold by voucher is inclusive of commissions, and of administrative and file management expenses of the organizer and/or trader.
#8, 9. Modification and Withdrawal
8. Modification or cancellation of the travel package before departure and withdrawalA. Modification of the travel package The Organizer reserves the right to unilaterally adjust the terms of the agreement, other than the price, if such amendment is not important. Communication to the traveller is made in a clear and precise way through a durable medi- um, such as the e-mail. Before departure, the organizer or trader who needs to significantly amend the main features of the travel package as referred to in Article 34, paragraph 1, letter a), or is not able to satisfy the specific requests referred to in Article 36, paragraph 5, letter a), or proposes to increase the price of the package by more than 8%, gives immediate notice in writing – also by e-mail - to the traveller, specifying the type of variation and the price alteration that it follows. The traveller may, within 2 (two) working days from the communication of the amendment by the organizer / trader, accept the proposed modification, or withdraw from the agreement without paying withdrawal costs and request the refund of the amounts already paid, such refund to take place without inexcusable delay, and in any case, within fourteen days from the withdrawal from the agreement. Lacking any express communication within the aforementioned term, the proposal of the organizer is considered accepted. B. Withdrawal of the Traveller In the event of unavoidable and extraordinary circumstances occurring at the place of desti- nation or in its immediate surrounding area and having a substantial impact on the execution of the package or on the transport of travellers to- wards the destination, the traveller has the right to withdraw from the agreement before using the package, without paying withdrawal costs, and to the full refund of the payments done for the package, but is not entitled to additional compensation. If it is suddenly impossible for the traveller to use the package, he/she does not have the right to withdraw without penalties, the traveller being able to guarantee himself against the economic risk connected to such case of withdrawal from the contract by executing a specific insurance policy. Except as for the cases explicitly indicated in this article, the traveller will have the right to withdraw from the agreement at any time before the beginning of the trip, without prejudice to the obligation to pay the costs / cancellation fees as indicated below - regardless of the down payment referred to in art. 6 - in addition to the individual cost of file management. In the case of pre-established groups, these amounts will be agreed from time to time upon signature of the agreement. C. Withdrawal penalties In case of withdrawal from the travel agreement, the traveller is always required to pay the management fee for the file, equal to € 30 per person. Pursuant to art. 41, comma 2, of the Code of Tourism, the following penalties are agreed in case of withdrawal (the day of cancellation is excluded, and instead the day of departure is included):
- 20% up to 30 days prior to departure date
- 25% from 29 to 21 days prior to departure date
- 50% from 20 to 14 days prior to departure date
- 80% from 13 to 6 days prior to departure date
- 100% from 5 days prior to departure date and no-show
- 20% up to 84 days prior to departure date
- 40% from 83 to 42 days prior to departure date
- 60% from 41 to 28 days prior to departure date
- 90% from 27 to 1 day prior to departure date
- 100% no-show
9. Change of bookingFor each and every request for amendment to the already accepted booking a fee of € 30 per person will be due, to cover the operational costs. Changes requested by the traveller for booking already accepted do not oblige the organizer in cases in which such requests cannot be satisfied.
#10. Changes after the departure
10. Changes after the departureIf, after the departure, the organizer is unable to provide for any reason whatsoever an essential part of the services included in the contract, and this does not depend on a specific circumstance due to the traveller, the organizer will have to provide for the traveller alternative solutions, without any price supplements, or must reimburse him within the limits of the difference between the originally forecasted services and those performed. If no alternative solution is possible, or the solution provided for by the organizer is rejected by the traveller for proven and justified reasons, the organizer will provide without any surcharge, transport means equivalent to the one provided for the return to the place of departure or to the different place agreed upon, compatibly with the availability of the vehicle and of the seat and will reimburse him to the extent of the difference between the cost of the services forecasted and that of the services performed up to the time of early return.
11. SubstitutionsThe renouncing traveller can be substituted by another person as long as: a) the organizer is informed in writing at least 7 days before the date fixed for departure by receiving simultaneously the personal information of the incoming party; b) the substitute fulfils all the conditions for the use of the service (pursuant to Article 38 of the Code of Tourism) and in particular the requirements relating to the passport, visas and health certificates; c) the same services or other replacing services can be provided following the substitution; d) the organizer is reimbursed of all the additional expenses incurred for proceeding with the substitution, to the extent calculated to the assignor before the assignment. The assignor and the assignee are jointly liable for the payment of the balance of the price as well as the amounts referred to in letter d) of this article.
#12. Obbligations of the travellers
12. Obbligations of the travellersDuring the negotiations and in any case before the signature of the agreement, Italian citizens are provided in writing with general information - updated as of the date of communication of the estimate - concerning health obligations and the documentation necessary for expatriation. Foreign citizens will find such information through their diplomatic representations located in Italy and / or the respective official government information channels. In any case, before departure, travellers will check the update with the competent Authorities and shall comply with such updates before the trip. In the absence of such verification, no liability for the missed departure of one or more travellers may be attributed to the intermediary or to the organizer. Passengers must be equipped with an individual passport or other document valid for all countries of the tour, as well as with transit and stay visas and health certificates that may be required. They must also comply with the rules of normal prudence and diligence and with the specific rules in force in the countries of desti- nation of the travel, with all information provided to them by the organizer, as well as with the regulation and with administrative or legislative provisions relating to the travel package. In order to evaluate the social / political situation, health safety and other useful information concerning the destination countries and, therefore, the actual usability of the services purchased or to be purchased, the traveller will have the burden of obtaining the official information of a general nature at the competent Authorities. Such information is not contained in the catalogues and / or in the documentation provided by the organizer since they contain general descriptive information as indicated in art. 34 Code of Tourism and not information which changes periodically. Such information must therefore be obtained by the traveller. If, at the booking date, the chosen destination is not recommended by the institutional information channels for security reasons, the traveller who subsequently exercises the right of withdrawal cannot appeal to the default of the contractual cause connected to the security conditions of the country, for the purposes of the exemption or reduction of the indemnification request for the withdrawal exercised. The traveller will also communicate in writing to the organizer, at the time of booking, the particular personal requests that may be subject of specific agreements on travel arrangements, provided that, it is possible to implement them. The traveller is always required to inform the trader and the organizer of any special needs or conditions (including but not limited to, pregnancy, food intolerance, disability) and to explicitly specify the request for related personalized services. The traveller will be liable for any and all damages that the organizer or trader should suffer due to the breach of the traveller's obligations under this agreement. Pursuant to art. 51quinques, second paragraph of the Code of Tourism, the traveller is obliged to provide the organizer or trader with all documents, information and elements in its possession, useful for the exercise by the trader of the right of subrogation towards third parties liable for the event which has generated damages, indemnity, price reduction or other remedy provided by the organizer or trader in favour of the traveller. The traveller is liable towards the organizer or the trader for any damage caused to the right of subrogation.
#13. Hospitality classification
13. Hospitality classificationThe official classification of hotel facilities is provided in the catalogue or in other informative material only 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 also members of the EU to whom the service refers, the organizer reserves the right to provide in the catalogue its own description of the accommodation, such as to allow an evaluation and consequent acceptance of the accommodation by the traveller
#14, 15, 16, 17, 18. Liability, Compensation, Assistance
14. Liability regimeThe organizer is liable for the execution of the travel services provided for in the travel package contract, regardless of whether these travel services are to be provided by the organizer himself, by his auxiliaries or persons appointed by the organizer when acting in the exercise of their functions, by third parties with which it collaborates or by other travel service providers, pursuant to art. 1228 of the Italian Civil Code. The trader via which the travel package has been booked is not liable, under any circumstances, of the obligations arising from the organization of the trip, but is solely liable for the obligations arising from its qualification as an intermediary. If one of the travel services is not performed according to the travel package contract, the organizer shall remedy to the lack of conformity, taking into consideration the extent of the lack of conformity and the value of the travel services affected by the defect, unless such remedy is impossible or excessively burdensome, If the organizer does not remedy the defect, the traveller is entitled to a reduction of the price as well as to a compensation for the damage he has suffered as a result of the lack of conformity, unless the organizer demonstrates that the lack of conformity: (I) is attributable to the traveller or to a third party which does not participate in the provision of travel services; or (II) is unavoidable or unpredictable or is due to extraordinary and unavoidable circumstances. If the organizer does not remedy the lack of conformity within a reasonable period established by the traveller in his complaint, the traveller can personally remedy the defect and request refund of necessary, reasonable and documented expenses. If a lack of conformity constitutes an important non-fulfilment and the organizer has not remedied after the timely claim carried out by the traveller, in consideration to the extent and the characteristics of the package, the traveller can terminate the contract with immediate effect, or ask - if necessary - a price reduction, besides any compensation of damages. However, the exemptions pursuant to art. 43 paragraphs 1 and 3 of the Code of Tourism shall apply for cases in which, the failure or incorrect execution of the contract is attributable to the traveller or is due to an unpredictable or inevitable act of a third party, unrelated to the provision of services, or is due to unavoidable and extraordinary circumstances.
15. Limits of redressThe compensation pursuant to art. 43 of the Code of Tourism and the related expiration periods, are governed by the provisions provided for therein and in any case within the established limits, by the International Conventions governing the services that are included in the travel package, as well as by articles 1783 and 1784 of the Italian Civil Code. The right to the price reduction or to the compensation for damages due to the variations of the travel package contract or of the replacement package expires in two years starting from the date of the traveller's return to the place of departure. The right of compensation for personal injury expires in three years from the date of return of the traveller to the place of departure or in the longer period provided for compensation of personal injury by the provisions governing the services included in the package. The maximum limit that can be reimbursed is 3 times the total price of the package; this limitation does not apply to cases of personal injury, and to damage caused with intent and / or due to the fault of the organizer or trader.
16. Obligation of assistanceThe organizer is required to provide assistance to the traveller as provided for by art. 45 of the Code of Tourism, in particular by providing information on health services, local authorities and consular assistance. The organizer can demand payment of a reasonable price for such assistance if the problem underlying the need for assistance is intentionally caused by the traveller or by his own fault.
17. Claims and complaintsAny failure in the performance of the contract must be challenged by the traveller to the organizer - either directly or through the trader - promptly (taking into account the circumstances) and during the travel so that the organizer, its local representative or the tourist guide can promptly remedy it. If not challenged, the compensation for damages will be reduced or excluded pursuant to art. 1227 of the Italian Civil Code. For the purpose of observance of the terms or periods of expiration of the right, the date on which the trader receives messages, requests or complaints as per the previous paragraph, is considered as the date of receipt also for the organizer.
18. Alternative dispute resolution meansPursuant to and for the purposes of art. 67 of the Code of Tourism, the organizer may propose to the traveller - in the estimate, in the documentation, on its own website or in other forms - alternative means of resolution of the disputes that arose. In such case, the organizer will indi- cate the type of alternative resolution proposed and the effects that such choice entails.
#19. Protection in case of insolvency or failure
19. Protection in case of insolvency or failure (Article 47 Code of Tourism)Pursuant to art. 47, paragraphs 2 and 3 of the Code of Tourism, the contracts of organized travel are supported by suitable insurance policies or bank guarantees, which, for trips to any country (including Italy), ensure, in cases of insolvency or bankruptcy of the trader or organizer, the refund of the price paid for the purchase of the package and the immediate return of the traveller in the event that the package includes the transportation of the traveller, as well as, if necessary, the payment of food and accommodation before return. The purchasers of the travel package sold pursuant to this agreement enjoy the guarantees referred to in art. 47 of the Code of Tourism through the adhesion of Girolibero srl to the Fondo Il Salvagente Soc. Coop. a r.l. based in Turin, Corso Regio Parco 15 (www.ilsalvagente.info), whose contact details have been brought to the knowledge of the traveller.
#20. General conditions of contract for the sale of individual travel services
20. Addendum of the general conditions of contract for the sale of individual travel servicesA) Regulatory provisions Contracts relating only to the offer of the transport service, or the holiday, or any other separate travel service, can’t be configured as a case of travel organization or travel package, hence do not enjoy the protections offered by the Directive (EU) 2015 / 2302 and of the Code of Tourism (Articles from 32 to 51nonies) and are governed by the specific provisions related to the sale of the single service subject of the contract. The trader who undertakes to procure a disaggregated travel service to third parties, also through internet, is required to issue to the traveller the documents relating to this service, which illustrate the sum paid for the service and cannot, in any way, be considered as an organizer. B) Contract conditions To such agreements relating only to the offer of the transport service, or the holiday, or any other separate travel service, the following clauses of the general terms and conditions of sale contract for the above mentioned travel packages are also applicable: art. 5 (bookings); art. 6 (payments), art. 7 (price); art. 12 (obligations of the travellers); art. 15 (limits of redress), art. 17 (claims and complaints). The application of these clauses does not cause the classification of the relative agreement as a type of travel package. The wording of the aforementioned clauses relating to the travel package contract, should therefore be understood with reference to the corresponding figures of the contract for the sale of individual travel services.
#21. Technical data sheet
21. Technical data sheetTechnical organization: Girolibero srl carries out the activity of TRAVEL AGENCY & TOUR OPERATOR in Vicenza, Via Conforto da Costozza 7, valid Administrative Authorisation of the district of Vicenza with Decree no. 51623 of 30.07.2015; fiscal code and registration at Vicenza Companies Register no. 03794470249. Insurance guarantee: UnipolSai Insurance, no.1/39383/319/165733443 and 1/39383/319/165733493/6.
Travel guarantee fund n. 2024/1-0120 by Il Salvagente Soc. Coop. a r.l., Corso Regio Parco 15, Torino (www.ilsalvagente.info).Accreditation for IATA certification (International Air Transport Association) No. 38-20048-1. All prices are in Euro.