Duties of the organizer and of the intermediary

Obligations of the organizer and of the intermediary

The Tourism Code establishes a series of obligations for the organizer and for the intermediary.

In particular, the intermediary has the obligation to verify the correct unfolding of the purchase, while the organizer has to provide correct and accurate information within the catalogues and in any other way to the consumers. He has to guarantee the quality of the services, their conformity with what advertised and he has also to refund the consumers in case of damages, even if they are caused by his suppliers ( for example the hotel or the transport society).

 Compulsory information:

- administrative duties to visit the chosen country;

- detailed description of the provided services and of the structures;

- withdrawal right.

Before the conclusion of the contract the intermediary or the organizer shall provide:

- general information about passport, visa and health obligations;

- indications on the accommodation with details on its distance from the principal attractions, on its category level and quality standards;

- terms and ways to exercise the withdrawal right.

If the contract has been negotiated outside the premises or at distance, the consumer can withdraw without penalties.

In particular the information brochure given to the consumer has to clearly display:

- the destination, the means, the type and the category of used transport;

- the accommodation type with details on its distance from the principal attractions, on its category level and quality standards;

- provided meals;

- itinerary;

- general information about passport, visa and health obligations;

- the advanced payment and the deadline to pay the bill;

- the minimum number of participants necessary to do the trip and the deadline by which the consumer needs to be informed of the holiday cancellation;

- terms and ways to exercise the right of withdrawal

- information about the compulsory insurance cover

All the information of the brochure are binding for the organizer and the intermediary . if they modify them, they shall inform the customers in writings and this latter have to accept them.

The information has to be clear and precise. In particular the information shall not be misleading .

The information shall be included in the contract, which has be to written and a signed copy has to be given to the customer. In the contract there must be information about:

- destination, duration, departure and return date;

- name, address, phone number and contacts of the organizer or intermediary that subscribe the contract;

- price of the package holiday, ways of revising it, charges and taxes to be paid by the customer;

- sum of the advance payment which cannot be higher than 25% of the total price;

- information about the compulsory insurance cover and of the optional ones the customer decided to buy;

- means of transports;

- if the package includes the air transport, name of the carrier and its eventual non compliance with EU rules

- if the package includes an hotel accommodation, its principal features;

- itinerary, visits, excursions or other included services;

- deadline within which the customer has to be informed of the cancellation of the trip due to lack of participants;

- specific agreements of the trip decided between organizer/intermediary and the customer;

- charges for the customer in case of a transfer to a third party;

- deadline within which the customer has to file a complaint for non conformity with the contract or non fulfilment;

- deadline within which the customer has to communicate his decision relations to the changes of contractual terms.

Before the departure the organizer and the intermediary shall communicate to the customer in writing the following information;

- time, place of intermediate stop and connections;

- contacts and  details of local representatives of the organizer or intermediary;

- contacts of the organizer or intermediary to be used in case of problems in the absence of local contact;

- when a minor travels, contacts of the local responsible of hit trip;

- the possibility to sign an insurance to cover the expenses for the cancellation of the contract or for the return in case of accident or illness.