1) PREMISES AND RULES APPLICABLE.
1.1 The present general conditions have for object the sale of products and services carried out by TALIXO TUSCANY SRL., for own account or for third party, with registered office in Firenze – Piazza Frescobaldi n.4, e-mail email@example.com, affiliate to the R.E.A. FI 668544, (hereinafter also referred to as “Organizer” or “TALIXO TUSCANY”).
1.2 The conditions are governed by the provisions of the law referred to in D. Lgs. 62 of 21.05.2018 (Law implementing the EU Directive 2015/2302) and – as far as applicable and compatible – by L. 27/12/1977 No 1084 of ratification and implementation of the International Convention on the Contract of Travel (CCV) signed in Brussels on 23/4/1970 s.m.i.
1.3 Any catalogue or brochure/additional condition or web packages or amendments and additions to these terms and conditions, as well as any other information provided by TALIXO TUSCANY directly or through another organizer, shall also constitute contractual discipline, operating for TALIXO TUSCANY, by telematic, paper or by reference to specific links.
1.3a- the above-mentioned legal provisions ARE NOT APPLICABLE to the tourist package and/or tourist services, according to art. 32, comma 2, letter a), b) e c) del D. Lgs n. 62 del 21.05.2018 e l’art.2, comma 2, letter a), b), c) the law implementing Directive EU 2015/2302
1.4 By approving these General Terms and Conditions, the Traveller declares that he has read, understood and, consequently, accepted the General Terms and Conditions of the Travel Organizer and/or the Service Provider, without exception, with regard to the application of any amending and/or supplementary conditions applied.
1.5 Where used in the contract, the term “Traveller” may also be used to identify the “contracting party”, even if it is a person other than the actual user of the journey, or the person who assumes the obligations inherent in and consequent to the signing of the contract, also in the name and on behalf of third parties.
2) SUBJECT OF THE CONTRACT.
These conditions govern the sales contract drawn up in writing and/or by hyperlink link and accepted for the sale of package tours (hereinafter referred to as the “Package”), tourist services (hereinafter referred to as “Tourist Services”) and related tourist services (hereinafter referred to as Linked Tourist Services or STC), as defined by Art. 33 of D. Lgs. 62 of 21.05.2018 and of Directive EU 2015/2302
3) SUBJECTIVE STATUS OF TALIXO TUSCANY.
3.1 TALIXO TUSCANY, at the time of the conclusion of the contract, will give explicit information to the user, regarding the subjective qualification of the role played as Organizer or Seller or Professional and specifically, pursuant to art. 33 of D. Lgs. 21.05.2018 n. 62 e art.3 of directive UE 2015/2302: – “Organizer”: is a professional who combines packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the Traveller to another professional in accordance with point c), number 2.4); – “Seller”: is the professional other than the organizer who sells or offers for sale packages combined by an organizer.
3.2 In particular, in the following general conditions, the clauses relating to the contract concluded by TALIXO TUSCANY, as Organizer, will be governed and, with express indication of the different subjective status, the conditions governing the relationship with TALIXO TUSCANY, as a Seller (as an agent) and those governing the relationship between the Traveller and TALIXO TUSCANY as a provider of Linked Tourist Services
4) RESERVATIONS – CONTRACT APPLICATION
4.1 The booking request must be made on a specific contractual form and/or hyperlink completed and signed by the Traveller who will receive a copy on a durable medium. Without prejudice to the provisions of the following Article
4.2 the contractual proposal will be deemed definitively completed at the time of the subscription by the Traveller.
4.2a- The effectiveness of the contract is subject to confirmation by the Organizer or confirmation of availability to TALIXO TUSCANY of the individual tourist services.
4.3 In the case of a single booking made in favour of several parties that will be listed in the contract form, the applicant, even if not a participant in the trip, guarantees to have the necessary powers on behalf of these parties and in any case guarantees, ex art.1381 of the Italian Civil Code, as well as on its own, compliance with all contractual obligations also by the other parties indicated in the reservation.
4.4 The additional information referred to in art.36 of D. Lgs. 62/2018, relating to the services purchased and not contained in the contract documents, in brochures, on the website of TALIXO TUSCANY or in other means of communication, will be provided to the Traveller, promptly, as soon as known and in possession of TALIXO TUSCANY.
4.5 Before departure, the Traveller will receive from TALIXO TUSCANY the travel documents, as well as, if not previously specified, the details of the schedules, including those of the connections. The Traveller notes that, any failure to indicate the departure time /return to pre-contractual phase is exclusively dependent on the objective impossibility of TALIXO TUSCANY to provide such information due to the organizational modalities of the service provider. In case of transfer that provides for the withdrawal / accompaniment of the Traveller to more than one location the departure time indicated is to be understood merely indicative and referred to the city indicated in the booking form. The Traveller is obliged to check the accuracy of the information contained in the tickets and the departure times of air flights and/or other means of transport (for which he will not receive further notice); within two days of receipt of the travel documents, the Traveller undertakes to communicate to the number indicated in the contract any errors or discrepancies in the travel documents, communicating it to the customer service indicated therein.
4.6 The Traveller undertakes to verify the regularity of identity documents, as well as their validity for expatriation, removed any exception or challenge against TALIXO TUSCANY.
5.1 The Traveller must pay the Price, by paying a deposit equal to 30%, at the same time as signing the contract proposal (reservation), while the balance of the same must be made with an advance of at least 20 (twenty) calendar days before departure.
5.2 It is understood that, if the contract is concluded within the 20 (twenty) calendar days prior to departure, the total Price of the journey must be paid in one lump sum within the said period.
5.3 Failure to pay the sums mentioned above on the dates established legitimate TALIXO TUSCANY at the termination of the contract for default, and any advance payment, will be retained as a penalty, in addition to the reimbursement of all expenses incurred by TALIXO TUSCANY for the purpose of fulfilling the contract and of which it will provide, if required, justification to the Traveller.
5.4 Confirmation by the Organizer and/or the third-party provider of Tourist Services, will be requested only after payment of the deposit in the cases referred to in art. 5.1 and only following the full receipt of the Price in the cases referred to in art. 5.2 above.
5.5 Where TALIXO TUSCANY is a mere Seller, the same undertakes to inform the Traveller of any conditions and methods of payment applied by the Organizer and different from those generally applied by TALIXO TUSCANY, removed any exception of the Traveller against the Seller.
6.1 The price due by the Traveller and referred to in art.5 above, must be understood as the consideration of the Tourist Service / Package, including taxes and all fees, additional costs, administrative costs and management of the practices, and, as far as not exactly determinable at the time of booking, of the categories of costs indicated in the contract (and so altogether from now on called “Price”).
6.2 In the case of the purchase of a Package and/ or Tourist Service, after the conclusion of the contract and before departure, prices may be increased or reduced only if the following hypotheses occur: – change of the fuel price; – fees and taxes on certain types of tourist services such as taxes, landing, disembarkation or embarkation fees in ports and airports; 3 – exchange rates applied to the package and/or tourist service in question. For these changes, reference will be made to the exchange rates and costs referred to above in force at the date of publication of the program as reported in the catalogue or on the website, or the date reported in any updates above. The Organizer will undertake to notify the Traveller by e-mail of the increase and the calculation methods at least 20 (twenty) days before the start of the Package.
6. 3 If the revision of the Price determines a credit in favour of the Traveller, the refund will be equal to the actual reduction of costs in the aforementioned cases; pursuant to and for the purposes of art. 1252 of the Italian Civil Code, TALIXO TUISCANY will refund the difference on the Traveller’s credit, after deduction of administrative and practical management costs.
7) CANCELLATION BY THE TRAVELLER.
7.1 The Traveller may withdraw from the contract, without paying standard charges for withdrawal (hereinafter referred to as “Penalties”), in the following cases: – increase of the Price referred to in art. 6 in excess of 8%; – substantial modification of one or more elements of the contract, objectively configurable as fundamental, for the purposes of the use of the Package and/ or tourist service considered and proposed by the Organizer after the conclusion of the contract itself but before departure and not accepted by the Traveller; – unavoidable and extraordinary circumstances at the place of destination and in its immediate vicinity which have a substantial impact on the execution of the package and/or tourist service or passenger transport to the destination. The eventual impossibility to take advantage of the package and/or tourist service by the Traveller, taking into account the balance of the economic positions of the parties (with particular reference to the Traveller’s right of withdrawal, the right to supply the Package and/or tourist service, the obligations to provide the Traveller with alternative services pursuant to Articles 6 and 10), does not entitle the Traveller to withdraw without penalty, also because of the possibility for the Traveller to guarantee himself from the economic risk associated with the cancellation of the contract, with the conclusion of a specific policy.
7.2 In the cases mentioned above, the Organizer/Seller TALIXO TUSCANY undertakes to promptly inform the Traveller by e-mail of the nature of the changes referred to in Article 7.1 above and their impact on the Price of the package and/or tourist service. The Organizer will have the right, in case of withdrawal, to offer the Traveller a package and/ or alternative tourist service.
7.3 Alternatively, the Traveller has the right: – to take advantage of an alternative Package and/or Tourist Service, without any additional price or with the refund of the excess price, if the second package and/or Tourist Service is less than the first; – the refund of only part of the price already paid. Such return must be made within 14 (fourteen) days from the moment of receipt of the notice of withdrawal, without prejudice to the rights referred to in art. 43 paragraphs 2,3,4,5,6,7,8 and the limits referred to in art.9.4.
7.4 The Traveller must communicate his decision, no later than 2 (two) working days from the time he received the notice of increase or modification. In the absence of express communication within the aforementioned deadline, the proposal made by the Organizer and/ or Seller is deemed accepted.
7.5 The Traveller who withdraws from the contract before departure, apart from the cases listed in the first paragraph, will be charged – regardless of the payment of the deposit referred to in art. 4/1 paragraph – in addition to the registration fees due in full, a Penalty, as quantified below and deemed appropriate, due to the possibility of reallocation of the Package/ Tourist Services.
HYPOTHESIS A) TALIXO TUSCANY ORGANIZER: 1) 20% of the Price in case of cancellation within the 31.mo (thirty-first) day from departure, 30% of the Price in case of cancellation between 30.mo (thirtieth) and 21.mo (twenty-first) calendar day from departure; 50% of the Price in the event of cancellation between 20.mo and 11.mo calendar day before departure; 75% of the Price in the case of withdrawal in the period from 10.mo (tenth) day to 3.zo (third) day before departure, 100% beyond the said term. 2) It is made specific notice that, to the Penalties mentioned above, must be added the compensation of the air ticket that the carrier considers non-refundable to the Traveller. 3) It should be noted that the calculation of the days does not include that of the withdrawal, the communication of which must take place on a non-festive day prior to the start of the journey.
HYPOTHESIS B) TALIXO TUSCANY SELLER Where TALIXO TUSCANY acts as a simple Seller, the exact penalties will be applied by the Organizer, as determined in the respective general conditions published on the website, in addition to the management fees.
7.6 In both cases already mentioned, a penalty equal to 100% will be payable if the withdrawal is caused by default attributable to the Traveller, such as, for example but not exhaustive, the lack or inequity of documents necessary for the trip.
7.7 The Traveller is informed that certain services, included in the Package and/or tourist service, may involve and be subject to penalties different from those indicated in these conditions and independent from the Organizer’s offer (as an example and not exhaustive excursions, hotels, carriers.)
8) CESSION OF THE PACKAGE AND/OR TOURIST SERVICE.
8.1 The Traveller has the right, upon notice to the Organizer by e-mail to be sent, under penalty of forfeiture, no later than 7 (seven) days before the start of the Package and/ or tourist service, to transfer the contract to a third party, that it is the owner of the same objective and subjective conditions necessary for the use of the Package.
8.2 Without prejudice to the joint and several liability of the transferor and the transferee for all contractual obligations arising from the assignment, the Organizer shall be liable for the reimbursement of any additional rights, in addition to the Price, tax or related additional cost arising from the assignment and which will be communicated by the Organizer to the transferor.
8.3 Pursuant to art. 944 of the Navigation Code, the replacement of the contracting party will be possible only with the consent of the carrier.
9) FURTHER WITHDRAWAL HYPOTHESIS/ CANCELLATION BEFORE DEPARTURE – EXCLUSIONS.
9.1 Also pursuant to and for the purposes of art. 1455 c.c., the Organizer reserves the right, removed the right of withdrawal of the Traveller, to make changes to the contract other than the Price, provided that the same are of “little importance” and therefore such as not to affect the interest of the Traveller to take advantage of the Package and/ or tourist service and that such changes are communicated by e-mail to the Traveller.
9.2 Changes of “minor importance”, by way of example and not exhaustive: the change of the airline, the change of accommodation of the same category subject to assignment, the delay in performance, such as not to affect the use of the package and/ or tourist service, change the order of the program.
9.3 The Organizer may withdraw from the package and/or tourist service contract without recognition of any damage and/or compensation in the following cases: – failure to reach the minimum number of participants as indicated in the contract proposal; in this case, the Organizer will be required to notify the Traveller at least 20 (twenty) days before the start of the package for journeys lasting more than 6 (six) days or at least 7 (seven) days before the start of the package for journeys lasting from 2 (two) to 6 (six) days or at least 48 hours in advance in the case of journeys lasting less than 2 (two) days pursuant to art.41 n.5 of D. Lgs. 62/2018. – in the event of unavoidable and extraordinary circumstances (such as by way of example and not exhaustive, unforeseeable circumstances or force majeure), which will be promptly communicated to the Traveller.
9.4 Upon the occurrence of the hypotheses described above, the Organizer proceeds, no later than 14 (fourteen) days after withdrawal, to the refund of the Price paid, deducted all expenses (such as, by way of example, Insurance, Agency fees, Fee for opening of the file, expenses incurred for visas and documents in general).
9.5 For cancellations other than those provided for in this clause, as well as in case of non-acceptance by the Traveller of the Package and/or Alternative Tourist Service offered (pursuant to art. 7 above), the Organizer who cancels, will be liable to compensation for the damage proven by the Traveller and that in any case cannot exceed three times the Price. Any limitations to compensation provided for by the international conventions concluded with Italy or the European Union remain unaffected.
10) CHANGES AFTER DEPARTURE.
10.1 The Traveller shall promptly inform the Organiser and the Seller of any non-compliance detected during the performance of the contract.
10.2 If, after departure, the Organizer is unable to provide an essential part of the services covered by the contract, it must provide alternative solutions, without surcharges charged to the Traveller and, if the services provided are of a lower value than those provided for, refund it equal to this difference; if the Organizer does not comply, the Traveller will have the right to personally remedy the default, with the right to reimbursement of expenses incurred if appropriate (in line with the average cost of the service already covered by the contract) and documented.
10.3 If the Organizer has not remedied within an objectively possible period, without prejudice to the right to compensation for the damage, the Traveller may alternatively: a) immediately terminate the contract or b) request the reduction of the price. In case of termination of the contract, the Organizer must guarantee the return of the Traveller with the acceptance of the related expenses within the limits referred to in art.42 paragraph 6 (subject to the extension for the subjects protected pursuant to art. 42 paragraph 7).
10.4 In the cases provided for in this article and, subject to legal exclusions, the Organizer shall be liable to compensation for the damage proven by the Traveller within the limits referred to in art. 9.5.
10.5 If the non-execution of a substantial part (in terms of value and quality) of the Package and/or tourist service depends on circumstances beyond the control of the Organiser, the Organiser undertakes to offer the Traveller at no extra cost, suitable alternative solutions, in order to allow the continuation of the Package and/ or tourist service, even if the return of the Traveller is not guaranteed in the terms agreed. In case of failure to offer, the Traveller shall have the right to withdraw from the contract pursuant to Article 7 above.
10.6 The Traveller shall have the right to reject the alternative solutions proposed only in the case of an offer of alternative solutions that are not compatible with the agreement or, where the service offered is of lower value, if the reduction of the Price granted is not adequate (to be considered less than the actual lower cost); in any other case, the Traveller, in case of withdrawal, will be required to recognize a penalty equal to the costs unnecessarily incurred in addition to any additional expenses arising from the unlawful withdrawal.
11) OBLIGATIONS OF TRAVELLERS.
11.1 Prior to departure, European citizens shall be provided in writing with information on health requirements and the documentation required for expatriation. Non-European citizens will find the corresponding information through their diplomatic representations in Italy and/or their official government channels.
11.2 In any case, the Travellers shall, before departure, verify the updating of the information on the places of destination and immediate vicinity, such as social situation – policy, health and any other useful information for the trip, at the competent authorities (for Italian citizens the local Police Headquarters or the Ministry of Foreign Affairs through the website www.viaggiaresicuri.it or the Telephone Operations Centre at n. 06.491115) adapting before the trip. The above information cannot be contained in the Organizer’s catalogues – online – and must be taken by the travellers. In the absence of such verification, no responsibility for the failure of one or more customers may be charged to the Seller or the Organizer. In particular, if at the date of booking the chosen destination should be, from the institutional information channels, locations subject to “advice” or “warning” for security reasons, the Traveller who subsequently had to exercise the withdrawal will not be able to invoke, for the purposes of exemption or reduction of the claim for compensation for withdrawal made, the failure of the contractual cause related to the security conditions of the country.
11.3 Travellers must inform the Organizer or the Seller of their nationality and, at the time of departure, must definitively ensure that they are provided with vaccination certificates, the individual passport and any other document valid for all countries of the itinerary, as well as any residence, transit and health certificates that may be required. In addition, in order to assess the health and safety situation of the countries of destination and the usability of the services purchased or to be purchased, The Traveller will find official information of a general nature at the Ministry of Foreign Affairs which expressly indicates whether the destinations are subject to formal advice or not.
11.4 Travellers must inform the Organizer/ Vendor of the existence of any subjective limitations (such as, but not limited to, allergies, pathologies, physical limitations) when entering into the contract such as to require special services from service providers. Failure to indicate these particularities, relieves the Organizer and the Seller from the inadequacy of the services provided to the subjective conditions of the Traveller.
11.5 Travellers must comply with the normal prudence and diligence of the countries of destination of the trip, with the information provided by the Organizer, with the administrative and legislative regulations and provisions relating to the contract. Travellers will be held liable for any damage that the Organizer or the Seller may suffer also because of failure to comply with the aforementioned obligations. The Traveller is obliged to provide the Organizer or Seller with all documents, information, and elements useful for the exercise of the rights of surrogacy of the latter against third parties responsible for the damage and is responsible to the Organizer and the Seller for the damage caused to the right of surrogacy.
12) HOTEL CLASSIFICATION.
The official classification of accommodation shall be provided in the catalogue or other information material only on the basis of the express and formal indications of the competent authorities of the country in which the service is provided. In the absence of official classifications recognised by the competent public authorities of the EU countries to which the service relates, the Organizer or the Seller reserves the right to provide in the catalogue or brochure or other means a description of the accommodation, such as to allow an assessment and subsequent acceptance of the same by the Traveller.
13) OBLIGATION TO PROVIDE ASSISTANCE.
The Organiser shall provide the Traveller with all the assistance measures provided for by law, including any appropriate information regarding health services and consular assistance.
14) COMPLAINTS AND COMPLAINTS.
Any failure in the performance of the contract must be contested by the Traveller immediately so that the Organizer and/ or the Seller, as well as his local representative or the companion can remedy it and, in any case, according to the provisions of the previous art. 10. The Traveller may also lodge a complaint by sending a registered letter – PEC, with acknowledgement of receipt, to the organiser, no later than 10 (ten) working days from the date of return to the place of departure.
15) OBLIGATORY INFORMATION
15.1 TALIXO TUSCANY informs the Traveller that it is the holder of the insurance policies indicated in the contract, to cover the following risks: a) Civil liability to cover the risks arising to persons from participation in the travel programs; b) Guarantee of the exact fulfilment of the obligations towards the tourist services user, in compliance with the relevant provisions of the International Convention on Contracts of Travel (CCV) referred to in L. 27 December 1977, n. 1084. c) insolvency or bankruptcy of the Organizer or Seller, pursuant to art. 47 comma 2 Decretory Legislative 21 May 2018 n. 62.
15.2 TALIXO TUSCANY informs as per Legislative Decree no. 62/2018 artt. 32 – 33 and by EU Directive 2015/2302 artt.2 – 3 to which type of packages / tourist services is applied the legislation of Legislative Decree no. 62/2018 and EU Directive 2015/2302.
16) RESPONSIBILITY OF THE SELLER.
16.1 Except in cases where the Organiser is established in a non-EU territory, the Seller shall act as an agent, with the consequent exclusion of any direct and indirect liability for the performance of the services rendered by the Organiser.
16.2 The Seller shall explicitly indicate in the contract its quality and the Organizer’s references in relation to the package offered.
16.3 TALIXO TUSCANY, as agent, will ensure the proper fulfilment of the only formalities of sale, information and booking of the Package and/ or tourist service, with the express exclusion of its responsibility for: correctness and completeness of the information contained in the catalogues and/or brochures and/or web pages prepared by the Organizer, quality of the services offered; correspondence between the services offered and the services described; – effective provision of the travel services offered and/or any non-compliance
16.4 In the event of changes and/or cancellation and/or withdrawal from the Package/tourist service and/or assignment of the contract relating to the Package and/or tourist service and referred to in the previous articles. 7, 8, 9 and 10, TALIXO TUSCANY will have as its sole obligation to participate diligently in the information of the Traveller with regard to the decisions and consequences relating to the obligations relating to the travel services determined by the decision of the Organizer and/or communications of the Traveller to the Organizer.
16.5 As Seller, TALIXO TUSCANY will be exclusively responsible for errors due to technical defects in the booking system attributable to it with specific exclusion of errors attributable to the Traveller or due to unavoidable and extraordinary circumstances (by way of example, non-exhaustive blackout of the information or communication system, theft and damage).
16.6 Taking into account the nature of the service performed by the Seller, in all cases of withdrawal and/or cancellation and/or modification for facts not attributable to the Seller, the latter will have the right to request and/or withhold all management expenses incurred by the same for the purchase / cancellation / modification of the Package and/ or tourist service.
17) LINKED TOURIST SERVICES.
17.1 In the case of the purchase of two different types of travel services, through the conclusion of separate contracts with individual service providers, the application of Chapter I of the D. Lgs must be considered excluded. 62/2018, and Chapter I of EU Directive 2015/2302
17.2 In such cases, TALIXO TUSCANY will not be responsible for the proper performance of the individual travel services, for which the Traveller must address directly to the supplier indicated at the time of signing the individual contract.
17.3 At the conclusion of a STC, TALIXO TUSCANY will give express notice, informing the Traveller of the guarantee provided by art.47, 2 co. D. Lgs. 62/2018 and referred to in art.15.1. c). ADDENDUM GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES LEGAL PROVISIONS – Contracts relating to the offer of only transport or accommodation services, or of any other tourist service, As it cannot be considered as a matter of negotiation of travel organization or package travel are governed by the following provisions of the CCV signed in Brussels on 23/4/1970: art. 1, n. 3 and n. 6; artt. from 17 to 23; artt. from 24 to 31, as regards forecasts other than those relating to the organisation contract and other agreements specifically relating to the sale of the individual service under contract.
18) TECHNICAL DATA SHEET
TALIXO TUSCANY srl – P.zza Frescobaldi,4 – 50125 Florence – email: firstname.lastname@example.org – cell. + 39 3921087995 – n. REA FI-668544 – ATECO CODE: 79.12 – licence/authorisation: COMUNE FIRENZE, n.356486 – issued 04/11/2019 – TYPE: travel agency and tourism
The risk of insolvency or bankruptcy of the Organizer and early return of the traveller in case of insolvency is insured by NOBIS COMPAGNIA DI ASSICURAZIONI S.p.A. n. of registration 052 registered office in Borgaro Torinese 10071 (TO) Via Lanzo n.29 – headquarters FRIGO ASSICURAZIONI S.N.C. – TEL. + 39 045 6260530 – PEC FRIGOASSICURAZIONISNC@BPEC.IT – SITE www.frigoassicurazioni.com
Liability insurance policy: VITTORIA ASSICURAZIONI – Agency Europa 300 (FI) – email: email@example.com Policy reference no.300.014.0000909281
– TOUR VALIDITY
The tourist services on the TALIXO TUSCANY website have an annual validity and the parameters and criteria for adjusting the price of the trip refer to art.39 Cod. Tur.
Information pursuant to the Law – Mandatory disclosure pursuant to art. 17 of Law 6/02/2006 n.38 “Italian law punishes with the penalty of imprisonment crimes related to prostitution and child pornography, even if they are committed abroad”
Information form for tourist package contracts and/or tourist services
The combination of tourist services that is proposed is a package under Directive (EU) 2015/2302, implemented in Italy with the Legislative Decree 21.5.2018, n. 62, which amended articles. 32-51 of Legislative Decree 79/2011 (Tourism Code). Therefore, you will benefit from all EU rights that apply to packages. The organizer of the tourist package (as defined by art. 33, paragraph 1, lett. i of the Tourism Code) will be TALIXO TUSCANY srl based in PIAZZA FRESCOBALDI Nr. 4 – FLORENCE Tel +39 0550208165 Cell. + 39 3921087995 mail firstname.lastname@example.org and will be fully responsible, pursuant to art. 42 of the Tourism Code, the correct execution of the package as a whole. The seller of the package (as defined by art. 33, paragraph 1, lett. l of the Tourism Code) will be the agency TALIXO TUSCANY srl based in PIAZZA FRESCOBALDI Nr. 4 – FLORENCE Tel +39 550208165 Cell. + 39 3921087995 mail email@example.com. In addition, as required by law, the organizer and the seller above said have protection to refund your payments and, if the transport is included in the package, ensure your repatriation in case they become insolvent. For more information on the fundamental rights of the traveller who buys the package tour (as defined by art. 32, paragraph 1, lett. g of the Tourism Code), consult the text of Directive (EU) 2015/2302 and Legislative Decree 21.5.2018, n. 62.
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. Company TALIXO TUSCANY srl will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, company TALIXO TUSCANY has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.
More information on key rights under Directive (EU) 2015/2302
Key rights under Directive (EU) 2015/2302
— Travellers will receive all essential information about the package before concluding the package travel contract.
— There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
– TALIXO TUSCANY: Lady CHIARA MASCELLANI and Lady DONATELLA MASCALCHI
— Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
— TALIXO TUSCANY email: firstname.lastname@example.org – cell. +39 3921087995
— Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
— The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
— Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
— Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
— Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
– 20 % of the total price – up to 31 days before departure;
– 30 % of the total price – between 30.st and 21.st of the day of departure;
– 50 % of the total price – Between 20.mo and 11.mo days from departure.
– 70 % of the total price – Between 10.mo and 3.zo days from departure.
– 100 % of the total price – above the above deadline.
– 1.12b Cancellation penalties Covid 19
– in the event that the client for demonstrable reasons of Covid 19 is unable to use the Tour purchased, he may withdraw or transfer it to another person, without incurring any penalty, as long as the communication is made within 30 days before the start of the tour itself.
— If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract, and this substantially affects the performance of the package and the organiser fails to remedy the problem. 11.12.2015 EN Official Journal of the European Union L 326/25
— Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
— The organiser has to provide assistance if the traveller is in difficulty.
— If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. TALIXO TUSCANY srl has taken out insolvency protection with NOBIS COMPAGNIA DI ASSICURAZIONI S.p.A. n. of registration 052 registered office in Borgaro Torinese 10071 (TO) Via Lanzo n.29 – headquarters FRIGO ASSICURAZIONI S.N.C. – TEL. + 39 045 6260530 – PEC FRIGOASSICURAZIONISNC@BPEC.IT – SITE www.frigoassicurazioni.com (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity if services are denied because of TALIXO TUSCANY srl is insolvency.
Information on the processing of personal data and acquisition of consent
The Tour Operator TALIXO TUSCANY SRL (hereinafter also “T.O.”), as data controller, pursuant to art. 13 of the European General Data Protection Regulation 679/2016 https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=celex%3A32016R0679
provides the following information about the processing of personal data that you, as a data subject, have communicated to us:
a. for the organisation of a tourist package and/or tourist service.
b. to facilitate the purchase of linked travel services.
c. for intermediation in the purchase of a package tour organised by third parties or of individual travel services provided by third parties (e.g., hoteliers, carriers).
d. for intermediation in the purchase of financial services/insurance accessories and linked to the packages/tourist services facilitated or purchased individually (medical policies – luggage; cancellation; assistance to the traveller in difficulty; consumer credit financing).
e. to carry out the task of issuing visas.
f. to register on our website and/or app or to fill in the forms on the website or app.
Purpose and legal basis of the processing.
In addition, among the data you provide there may also be some personal data defined by the GDPR and Italian harmonisation legislation as “details” (e.g. health, judicial). Sensitive/particular data will be processed according to the purposes indicated below and only with your express consent. Purpose related to the contractual performance. Your personal data will be processed for the fulfilment of the obligations arising from the negotiation and the contract relating to the organization of the package tour, the mandate to facilitate the purchase of related tourist services or the mandate to broker the purchase of individual tourist services or in any case for the execution of obligations arising from all contractual relations, including the negotiation phase, indicated in the previous lett. from a) to f), in order to allow the T.O. to deliver in an optimal way the performance, in particular for:
– the conclusion, management and execution of contractual relations between you and the OT.
– reply to your requests.
– the communication of notices relating to the package or tourist services purchased or other additional and ancillary services (e.g. information on the tourist services purchased; modification of the contractual conditions; cancellations);
Your personal data will also be processed for:
– to comply with obligations under national, Community and international law, regulations, regulations or provisions laid down by the Authority which are legally entitled to do so;
– establish, exercise and/or defend a right of the TA in proceedings, including judicial proceedings;
– to fulfil fiscal and accounting obligations;
– to fulfil obligations under passenger health and safety legislation; – to fulfil obligations under passenger and freight regulations.
Business related purposes and statistics.
Your personal data will also be processed for purposes pertaining to or pertinent to the activity carried out by T.O. and for the anonymous processing of statistics and market research.
In addition, if you expressly consent, your personal data will be processed for the following purposes:
Marketing purposes, which include:
to. promotional activities of T.O., and/or business partners, carried out both with automated methods (e.g. e-mail, applications for instant messaging, social, etc.). In particular, the T.O. can use your e-mail address, provided at the time of purchase of packages or tourist services, to transmit information and promotional communications related to similar services and products and offered by T.O. and/or commercial partners even without your consent, provided that you do not object to such use.
Commercial partners belong to the following product categories:
A. accommodation activities;
B. airlines/ shipping companies; railway carriers; rubber carriers;
C. Travel agencies and Travel agency network;
b. profiling activities, that is, analysis of your travel preferences and market research in order to improve the offer of services and commercial information presented by us, making them more in line with your interests. This activity may also take place through the administration of satisfaction questionnaires and/ or the use of profiling cookies used during navigation on our sites and apps.
The processing for Marketing Purposes (therefore both for promotional and profiling activities) may take place only with your consent.
Nature of the provision of data and consequences of any refusal.
The provision of your personal data is optional, however, in the absence of the data required for the purposes indicated in points a) and b) (purposes related to the contractual and legal provision) the requested service or part of it cannot be performed and you will not be able to take advantage of the opportunities mentioned above.
The provision of optional data will allow the T.O. to improve the services offered in order to make them more and more responsive to the personal interests of its customers.
The provision of sensitive/particular personal data is voluntary; however, in the absence of such consent to T.O. may not be able to comply with some contractual obligations related to the processing of such data.
Categories of recipients of personal data.
Your data will not be disclosed. Your data may be communicated, exclusively for the purposes mentioned above, to the following categories of subjects:
• the internal staff of the T.O., in charge and/or in charge of the processing.
• to the tour service providers included in the packages sold, or to those linked or individual ones purchased from the T.O.;
• to insurance companies that provide ancillary coverage and connected with the packages and tourist services purchased;
• persons, companies, associations or professional firms that provide services or activities of assistance and advice to T.O. in order to protect their own right (for example, accountants, lawyers, tax consultants, auditors, consultants in auditing or due diligence, etc.); • persons, companies or agencies providing marketing and analysis services or consultancy to T.O.;
• persons to whom the right to access your data is recognized by provisions of law and secondary legislation or by provisions issued by the Authority to this legitimized by law, including airport, port, customs, and border authorities.
Transfer of personal data outside the European Union.
Your personal data may be transferred abroad to third-party companies belonging to the European Union or not, always for the purposes indicated above. In case of transfer of data to countries outside the European Union, such countries will ensure an adequate level of protection on the basis of a specific decision of the European Commission or alternatively the recipient will be contractually obliged to data protection with an appropriate level and comparable to the protection provided by the GDPR.
Storage of personal data.
Personal data will be kept for a period no longer than necessary for the achievement of the purposes for which they were collected and subsequently processed. Personal data will be kept for the duration of the contract you have concluded and also for a later period:
– within the time limits laid down by the legislation in force,
– within the time limits laid down by even secondary legislation requiring the retention of data (for example, tax returns);
– within the period necessary to protect the rights of the data controller in the event of any disputes related to the provision of the service.
The personal data collected and processed for profiling purposes will be stored for a maximum of ten (10) years at the end of which they will be automatically deleted or anonymized permanently.
Data Controller and Data Processors.
The data controller is the Tour Operator TALIXO TUSCANY SRL with headquarters in PIAZZA FRESCOBALDI,4 – FLORENCE legal representative DONATELLA MASCALCHI Data Protection Officer (RPD or DPO appointed is DONATELLA MASCALCHI AND CHIARA MASCELLANI contactable at the following addresses: mail /PEC email@example.com / firstname.lastname@example.org or by registered post at TALIXO TUSCANY SRL, PIAZZA FRESCOBALDI,4 – FLORENCE – ZIP 50125
Rights of the interested party.
At any time, pursuant to art. 15 to 22 of the GDPR, you have the right, also in relation to profiling activity, to:
– ask the owner for access to your personal data and information relating to them; the rectification of inaccurate data or the integration of incomplete data; the deletion of personal data concerning you (to the occurrence of one of the conditions indicated in art. 17, paragraph 1 of the GDPR and in compliance with the exceptions provided for in paragraph 3 of the same article); the limitation of the processing of your personal data (to resort to one of the hypotheses indicated in art. 18, paragraph 1 of the GDPR);
– to request and obtain from the controller – in cases where the legal basis of the processing is the contract or consent, and the same is carried out by automated means – your personal data in a structured format and readable by automatic device, also for the purpose of communicating such data to another controller (c.d. right to portability of personal data);
– to object at any time to the processing of your personal data in the event of special situations concerning you;
– withdraw consent at any time, subject to the circumstances in which the processing is based on your consent for one or more specific purposes and concerns common personal data (such as date and place of birth or place of residence), or particular categories of data (for example, data revealing your racial origin, your political opinions, your religious beliefs, your state of health or your sex life). The processing based on consent and carried out prior to the revocation of the same retains, however, its lawfulness.
– lodge a complaint with a supervisory authority (Data Protection Authority – www.garanteprivacy.it ).