Terms and conditions of travel

General information

THE TRAVELLER MUST BE AWARE THAT:

Travel information for travellers from the E.U. – Schengen area

Following the Schengen agreements, citizens of European Union Member States are free to move within the countries that make it up without having to show a valid identity document at the border (with the exception of Bulgaria, Cyprus, Croatia, Ireland, the United Kingdom and Romania, for which an identity card and passport are still required at the border). In any event, it is essential to carry a valid identity document in order to be properly identified in the event of police/administrative checks. For further information and, in particular, to find out which identity documents are recognised in each individual country, please consult the official website of the European Union: http://europa.eu/youreurope/citizens/travel/entry-exit/eu-citizen/index_it.htm.

Minors must hold an identity card or passport with authorisation to travel abroad; furthermore, where they travel alone, with an adult who does not exercise parental responsibility, or with only one of their parents, they must carry an official document signed by the parents, by the second parent or by the legal guardian authorising them to travel abroad. Such a document may vary from country to country and it is therefore advisable for the traveller to make enquiries with the authorities of their own country before departure.

Citizens from all other countries must present a passport at the border and, where necessary, hold an entry visa stating the duration of the stay and the place of destination. The visa must be applied for from the Italian consulates in the country of residence (it is generally issued 90 days after the application) specifying the purpose of the journey. For further information, please consult the website of the Ministry of Foreign Affairs http://vistoperitalia.esteri.it/home.aspx.

Animals

A Traveller who intends to bring pets with them must notify the Travel Organiser, who remains free to authorise the presence of the animal or not, as well as to establish any additional costs arising from it.

Tourist tax

The tourist tax varies depending on the city of destination and is included in the price only if expressly stated in the Information Brochure/Catalogue.

Minimum number of participants (clarification of the general terms and conditions of contract)

Some Tourist Packages/Services require a minimum number of participants to be reached and maintained, as stated in the Information Brochure and/or in the Travel Contract. Where that number is not reached at the booking stage, or subsequently falls below the minimum as a result of later cancellations, JO-IN S.r.l. may cancel the Tourist Package/Service, notifying the Customer in writing no later than 20 days before departure. In that case, the Customer may be offered, as alternatives to one another, a Tourist Package/Service of equal or higher value at no extra charge, or of lower value with a refund of the price difference, or alternatively a full refund of the amounts paid, excluding any compensation for damages.

Insurance

Insurance conditions

JO-IN S.r.l. has agreed with Axa Assicurazioni that it may offer the Customer insurance policies covering events which may occur in the course of the journey/Tourist Service.

The Customer is informed that the information summaries referred to in the lines above do not exhaust the content of the insurance contract and is therefore invited to read carefully the general policy conditions available at the links below, in order to understand carefully the rights and obligations of the insured Customer and, in particular, which events are specifically covered, what the exclusions are, and what the reporting and conduct obligations are.

The Information Brochure/Catalogue states, for each Tourist Package/Service, the policies included in the price (and therefore to be understood as compulsory) and the policies which may optionally be taken out by the Customer, including at a later time (up to the moment of departure).

A. Tourist packages

General terms and conditions of contract

Definitions

For the purposes of these General Terms and Conditions, the following definitions apply:

– Catalogue: the set of Information Brochures which the Travel Organiser may, at its sole discretion, publish on the Website in place of the individual Brochures.

– CCV: the International Convention on Travel Contracts (CCV), signed in Brussels on 23.4.1970, ratified by Italy by Law no. 1084 of 27.12.1977.

– Customer: the purchaser, the assignee of a Tourist Package or any person, including a person to be named later, provided that they satisfy all the conditions required in order to use the service, on whose behalf the principal contracting party undertakes to purchase an all-inclusive Tourist Package without remuneration.

– Consumer Code: Legislative Decree 206/2005.

– Tourism Code: annexed to Legislative Decree no. 79/2011.

– Intermediary: the party which, including on a non-professional and non-profit basis, sells or undertakes to procure for the Traveller Tourist Packages arranged by the Travel Organiser in return for a lump-sum consideration.

– Information Brochure: the information summary describing the tourist services covered by the Tourist Package.

– Travel Organiser: JO-IN S.r.l., that is, the party which undertakes in its own name and for a lump-sum consideration to procure Tourist Packages for the Customer, where appropriate by using the services of an Intermediary, by creating the combination of the elements referred to in art. 4 of the Tourism Code or by offering the Customer, including through a distance communication system, the possibility of independently creating and purchasing such a combination.

– Tourist Package: in accordance with art. 34 of the Tourism Code, tourist packages cover journeys, holidays, all-inclusive tours and tourist cruises resulting from the combination, by whomever and in whatever manner created, of at least two of the elements listed below, sold or offered for sale at a lump-sum price: a) transport; b) accommodation; c) tourist services not ancillary to transport or accommodation referred to in article 34 of the Tourism Code which constitute, for the satisfaction of the Customer’s recreational needs, a significant part of the Tourist Package. The accommodation services offered by JO-IN S.r.l. to Customers, whether or not forming part of a Tourist Package, are to be understood as complying with the applicable national, regional and local legislation in force.

– Purchase Proposal: the proposal to purchase a Tourist Package which is formalised by the Customer by completing the relevant form available on the Website and sending it to the Travel Organiser in the manner set out in art. A below.

– Website: the web domain owned by JO-IN with u.r.l. https://jo-in.it/

Jo-in S.r.l – Piazza Teresa Noce 17/d – 10155 Torino (TO)
Tour Operator – VAT number IT13289940010 – Companies Register TO- 1352755
Third-party liability insurance: Policy no. 204095636 – NOBIS
Travel guarantee: FONDO VACANZE FELICI

General terms and conditions of the contract for the sale of a Tourist Package (and as such integral parts of the travel contract pursuant to art. 36 of Legislative Decree 79/2011)

Subject matter

1.1 This paragraph A of the General Terms and Conditions of Contract, together with the Information Brochure/Catalogue, any separate travel programme if divergent, and the Purchase Proposal, form an integral part of the Contract for the Sale of Tourist Packages (hereinafter also the Travel Contract). As regards the sale of individual Tourist Services, see paragraph B. of these General Terms and Conditions of Contract.

1.2 In signing the Purchase Proposal for a Tourist Package, the Customer must bear firmly in mind that they declare, for themselves and for the persons for whom they request the all-inclusive service, that they have read and accepted the travel contract as governed therein, the warnings contained in it, and these general conditions.

Legislative sources – general information

2.1 The sale of Tourist Packages covering services to be provided in both national and international territory is governed:

– until its repeal, pursuant to art. 3 of the Tourism Code, by the CCV

– by the Tourism Code;

– by the provisions of the civil code on transport and mandate.

– by the Community Regulations which may be applicable to the individual Tourist services.

2.2 Pursuant to art. 50 of the Tourism Code, JO-IN srl declares that it is covered by Insurance Policy no. 204095636 for third-party liability in favour of the traveller for compensation for the damages referred to in articles 44, 45 and 47, taken out with NOBIS Assicurazioni.

2.3 Mandatory notice pursuant to article 16 of Law no. 269 of 1998: Italian law punishes with imprisonment offences relating to child prostitution and child pornography, even where they are committed abroad.

Administrative regime

3.1 The Travel Organiser and the Intermediary to whom the Traveller turns must be authorised to carry out their respective activities under the applicable administrative legislation, including at regional level.

3.2 Pursuant to art. 18, paragraph VI, of the Tourism Code, the use in a company name or business name of the words “travel agency”, “tourism agency”, “tour operator”, “travel broker” or other words and expressions of a similar nature, including in a foreign language, is permitted exclusively to the authorised undertakings referred to in the first paragraph.

3.3 In that regard JO-IN S.r.l. declares that it has been authorised to carry out the activity of Tour Operator by virtue of Measure AP-1/S130-2015-193 of 16.06.2015

Purchase proposal

4.1 The Purchase Proposal for a Tourist Package is formalised by the Traveller by completing and signing the relevant contractual form available on the Website, which must be sent by e-mail to the addresses indicated at the foot of these General Terms and Conditions.

4.2 The contract for the purchase of the Tourist Package shall be understood as concluded only at the moment when the Travel Organiser sends the Customer the aforesaid Purchase Proposal for a Tourist Package countersigned by the Organiser itself, including digitally, to the e-mail address indicated by the Customer; in that regard, the making available of the Purchase Proposal as well as of the further promotional material distributed by the Travel Organiser does not constitute a contractual offer but a mere invitation to make a proposal, nor can the signing by the Customer of the Purchase Proposal bind the Travel Organiser to enter into the relevant Travel Contract.

4.3 The sending of the Contractual Proposal signed by the Travel Organiser is apt to satisfy the requirements referred to in art. 35 of the Tourism Code.

4.4 Information concerning the Tourist package not contained in the contractual documents, in the brochures or in other means of written communication shall be provided by the organiser, in due fulfilment of the obligations imposed on it by art. 37 paragraph 2 of the Tourism Code, before the start of the journey, as provided for by art. 7 below.

4.5 Particular requests concerning the manner of provision and/or performance of certain services forming part of the Tourist package must be made at the booking request stage and be the subject of a specific agreement between the Customer and the Travel Organiser, where appropriate through the Intermediary.

4.6 Pursuant to art. 32, paragraph 2, of the Tourism Code, it is hereby notified that in contracts concluded at a distance or off-premises (as defined by art. 45 of the Consumer Code), the right of withdrawal referred to in arts. 52 et seq., formerly arts. 64 – 67 of the same Consumer Code, is excluded.

Payments

5.1 Upon signing the Purchase Proposal for the Tourist Package, the Customer shall pay, by way of a deposit, an amount equal to 30% of the price of the Tourist Package stated in the Information Brochure or in a different specific document provided by the Travel Organiser, inclusive of the premiums due for the compulsory insurance policies or for those optional policies offered which the Traveller may have chosen. That amount is paid by way of a confirmatory deposit (caparra confirmatoria) pursuant to art. 1385 of the Italian Civil Code. During the period of validity of the Purchase Proposal, and therefore before any booking confirmation which constitutes the conclusion of the contract, the effects referred to in art. 1385 of the Italian Civil Code do not arise where the withdrawal is due to a supervening event for which no party is responsible.

5.2 The balance, inclusive of the sums referred to in art. 6 below, must be paid, with no extension of time, by the deadline set at the time the programme and the relevant quotation are sent by e-mail.

5.3 Where the Purchase Proposal is communicated to the Travel Organiser after the deadline set for payment of the balance, the price must be paid in a single instalment upon signing the Purchase Proposal.

5.4. Payment of the balance of the price is deemed to have been made at the moment when it physically reaches the organiser.

5.5 In the event of failure to pay the sums referred to above by the dates established, the Travel Contract shall be understood as terminated as of right pursuant to art. 1456 of the Italian Civil Code, provided that the Travel Organiser notifies the Traveller of its intention to rely on that express termination clause, to be done by simple written notice, by e-mail, to the intermediary (if involved) or to the domicile, including electronic domicile, of the Customer, as communicated in the Purchase Proposal. In the absence of such notice, the Travel Contract shall remain effective.

5.6 Where the contract is terminated as of right for the reasons set out in the preceding paragraph, the Customer is required to pay the penalty in the amount determined pursuant to art. 9, paragraph 2 of this paragraph.

Price – price revision

6.1 The price of the Tourist Package, determined in the Contract for the Sale of the Tourist Package, with reference to the information set out in the Information Brochure/Catalogue or out-of-catalogue programme and to any subsequent updates of those catalogues or out-of-catalogue programmes, is to be understood as inclusive of:

– the lump-sum cost of the Tourist Services making up the Package;

– the premiums of the compulsory insurance policies indicated in the Information Brochure/Catalogue;

– the premiums of the optional insurance policies chosen by the Customer when the Purchase Proposal is drawn up;

– the cost of any additional services agreed with the Travel Organiser.

6.2 The Price of the Tourist Package does not, on the other hand, include the cost of any visas and entry and exit taxes for the countries of destination of the holiday, nor the tourist tax, unless otherwise stated in the Information Brochure/Catalogue.

6.3 It may be varied only as a consequence of variations in:

– transport costs, including the cost of fuel;

– charges and taxes relating to air transport, landing, disembarkation or embarkation charges at ports and airports, charges for entering cities which require payment for access to the LTZ (Limited Traffic Zone) or similar.

– exchange rates applied to the Package in question.

6.4 For such variations, reference shall be made to the exchange rates and prices in force on the date of publication of the programme, as stated in the technical data sheet of the catalogue, or on the date stated in any updates published on the websites.

6.5 Where the Tourist Package provides for services with costs expressed in a currency other than the euro, the price shall be increased in proportion to the variation in the exchange rate between the two currencies only where that variation exceeds the threshold of 3%, whether upwards or downwards.

6.6 An upward modification of the price must be notified in writing to the Customer, who must in turn request any price reduction in writing.

6.7 In any event the price may not be increased in the 20 days preceding departure and the revision may not exceed 10% of the price in its original amount.

Information for the Customer – technical data sheet

7.1 Pursuant to art. 37, paragraph II of the Tourism Code, before the start of the journey the Organiser and the Intermediary shall communicate the following information to the Traveller:

a) timetables, intermediate stopover locations and connections;
b) information on the identity of the operating air carrier, where not known at the time of booking, in accordance with the provision of art. 11 of EC Reg. 2111\05;
c) the particulars and telephone number of any local representatives of the organiser or of the intermediary, or of local offices that the traveller may contact in the event of difficulty;
d) the telephone number of the organiser or of the intermediary which may be used in the event of difficulty where there are no local representatives;
e) for journeys and stays abroad by a minor, telephone numbers for establishing direct contact with the minor or with the person locally responsible for their stay;
f) the option of taking out an insurance contract covering the expenses incurred by the Customer for cancellation of the contract or for repatriation in the event of accident or illness.
7.2 Where the Purchase Proposal is signed after the deadline for payment of the balance referred to in art. 5.2 of this Paragraph, that information shall be communicated by the Travel Organiser at the same time as the confirmation is sent.

Modification or cancellation of the Tourist Package before departure

8.1 Before departure, where the Organiser needs to modify one or more elements of the contract significantly, it shall give immediate written notice to the Customer, stating the type of modification and the resulting variation in price.

8.2 Where the Customer does not accept the proposed modification referred to in paragraph 1, they may withdraw without payment of any penalty and shall be entitled, as alternatives:

– to take up another Tourist package of equal value, where the Travel Organiser is able to offer them one;

– to take up another Tourist package of lower value, where the Organiser is able to offer them one, with a refund of the price difference;

– to have the sum of money already paid refunded within the statutory time limits.

8.3 The Customer shall communicate their choice to the organiser or to the intermediary within two working days from the moment when they received the notice referred to in paragraph 1. In the absence of communication within the aforesaid time limit, the proposal made by the Travel Organiser shall be deemed accepted.

8.4 The parties agree that, for the purposes of the first paragraph of this article, modifications which result in a substantial alteration of a significant part of the Tourist Package are to be understood as significant; in that regard, modifications concerning the following are not to be understood as significant:

– the date/time of departure, where the time shift does not exceed 24 hours;

– the insertion of intermediate stopovers not provided for in the original travel programme, provided that this does not result in a time shift of more than 24 hours;

– replacement of the hotel indicated in the Information Brochure / Catalogue with one of the same category which is no more than 50 km from the originally agreed establishment;

– the removal of intermediate stages where only an overnight stay or a meal is provided for, with no provision of further tourist services.

8.5 If the Travel Organiser cancels the Tourist Package before departure for any reason, save through the fault of the traveller, it shall refund to the latter, within the statutory time limits, the amount paid for the purchase of the Tourist package, and the Customer shall be entitled to be indemnified for the non-performance of the contract, except in the cases set out below.

8.6 By way of derogation from paragraph 5, no compensation is payable as a result of the cancellation of the Tourist Package where the cancellation is due to failure to reach the minimum number of participants which may be required and stated in the Information Brochure/Catalogue, notified to the Customer at least twenty days before departure, or to force majeure and fortuitous event.

8.7 For the purposes of the application of the preceding sentence (paragraph 6), and by way of example only and not exhaustively, the following are understood to be causes of force majeure (and, as such, do not give rise to a right to compensation for damages):

– strikes, on whatever ground and organised by whomever, which result, directly or indirectly, in total or partial impossibility of providing the tourist service or in serious hindrance thereto;

– natural disasters and adverse weather conditions which result, directly or indirectly, in total or partial impossibility of providing the tourist service or in serious hindrance thereto;

– acts of war, acts of terrorism, uprisings and civil unrest in general.

8.8. In the event of cancellation of the Tourist Package for any reason, save through the fault of the Customer, the Customer is entitled to be offered, as alternatives and at the sole discretion of the Travel Organiser, another Tourist Package of equivalent or higher quality at no additional charge, or a Tourist Package of lower quality, subject to a refund of the price difference, or else to be refunded, within seven working days from the moment of the withdrawal or cancellation, the sum of money already paid. The Traveller shall in any event be free not to accept the alternative Tourist Package offered and to claim the sum of money already paid.

Withdrawal by the Customer

9.1 The Customer may also withdraw from the contract without paying any penalty in the following cases:

– an increase in the price exceeding 10%;

– a significant modification of one or more elements of the contract which are objectively capable of being regarded as fundamental for the purposes of enjoying the Tourist package considered as a whole, proposed by the organiser after the conclusion of that contract but before departure and not accepted by the Customer.

In the cases set out above, the Customer is entitled, as alternatives:

– to take up an alternative Tourist Package of equivalent or higher quality where the organiser is able to propose one. If the all-inclusive service is of lower quality, the Travel Organiser must refund the price difference to the Customer.

– to the return of the sums already paid. That return must be made within the statutory time limits.

9.2 Outside the cases listed in the first paragraph, the Customer may withdraw subject to payment (irrespective of payment of the deposit referred to in art. 5 paragraph 1) of a penalty, the amount of which is determined in the confirmation contract sent by e-mail and to be accepted in writing before purchase.

The relevant amount, quantified in the preceding sentence, is set off against the sums paid by the Customer; any difference must be paid no later than ten days from the relevant request by the Travel Organiser; once that time limit has expired without payment, default interest shall be due to the Travel Organiser at the rate provided for by Legislative Decree 231/2002.

9.3 The amounts referred to in paragraph 2 are charged for each participant; the person who physically signs the Purchase Proposal, including in the interest of third parties, is jointly and severally liable towards the Travel Organiser for the payment of such sums. 9.4 Journeys which include the use of scheduled flights at special fares are excluded from the above. In those cases the conditions relating to cancellation penalties are deregulated and far more restrictive.

9.5 Pursuant to article 32 paragraph 2 of the Tourism Code and art. 47 paragraph 1 letter G of the Consumer Code, the provisions of sections 1 to 4 of chapter one, title three, part three of the Consumer Code and, in particular, the right of withdrawal referred to in arts. 52 et seq. of the aforesaid Consumer Code do not apply to the contractual relationships between the Customer and the Tour Operator.

Modifications after departure

10.1 Where, after departure, the Travel Organiser finds itself unable to provide, for any reason other than an act of the Customer, an essential part of the services provided for by the Contract, it must arrange suitable alternative solutions for the continuation of the planned journey which do not entail charges of any kind for the Customer, or else refund the latter to the extent of the difference between the services originally provided for and those actually performed.

10.2 Where no alternative solution proves possible, or where the solution arranged by the organiser is refused by the Customer on proven and justified grounds, the organiser shall provide, at no additional charge, a means of transport equivalent to the one originally provided for the return to the place of departure or to any different place agreed, subject to the availability of means and seats, and shall refund the Customer to the extent of the difference between the cost of the services provided for and that of the services performed up to the moment of the early return.

Assignment of the contract

11.1 A Customer who withdraws may have another person take their place provided that:

a) they notify the Travel Organiser in writing at least 4 working days before the date set for departure of the reasons why they are unable to use the Tourist Package and of the particulars of the assignee;
b) the assignee satisfies all the conditions for using the service (pursuant to art. 39 of the Tourism Code) and in particular the requirements relating to passport, visas and health certificates;
c) the same services or other replacement services can be provided following the substitution;
d) the substitute refunds to the organiser all the additional expenses incurred in carrying out the substitution, in the amount which will be quantified for them before the assignment.
11.2 The assignor and the assignee are jointly and severally liable for payment of the balance of the price as well as of the amounts referred to in letter d) of this article.

11.3 Any further procedures and conditions for substitution are set out in the Information Brochure/Catalogue.

11.4 It is understood that, pursuant to art. 944 of the Navigation Code, substitution will be possible only with the carrier’s consent.

Obligations of Customers

12.1 In the course of negotiations and in any event before the conclusion of the contract, Italian citizens are provided in writing with general information – updated as at the date of printing of the catalogue – concerning health obligations and the documentation required to travel abroad.

12.2 As regards the rules on minors travelling abroad, express reference is made to the information given on the website of the Polizia di Stato. It is nevertheless specified that minors must hold a personal document valid for travel abroad, that is, a passport, or, for EU Countries, also an identity card valid for travel abroad. As regards travel abroad by minors under 14 years of age and travel abroad by minors for whom Authorisation issued by the Judicial Authority is required, the requirements set out on the website of the Polizia di Stato http://www.poliziadistato.it/articolo/191/ must be followed.

12.3 Foreign citizens must obtain the corresponding information through their diplomatic representations in Italy and/or the respective official governmental information channels. In any event Customers shall, before departure, check that this information is up to date with the competent authorities (for Italian citizens, the local Questure or the Ministry of Foreign Affairs via the website www.viaggiaresicuri.it or the Telephone Operations Centre on 06.491115) and comply with it before travelling. In the absence of such a check, no liability for the failure of one or more customers to depart may be attributed to the intermediary or to the organiser.

12.4 All Customers must in any event inform the Intermediary, where involved, as well as the Travel Organiser of their own citizenship at the time of the booking request for the Tourist Package and, at the time of departure, must make definitive sure that they hold vaccination certificates, an individual passport and every other document valid for all the Countries covered by the itinerary,

as well as the residence and transit visas and the health certificates which may be required.

12.5 Furthermore, in order to assess the socio-political and health security situation of the Countries of destination and therefore the objective usability of the services purchased or to be purchased, the Traveller shall bear the burden of obtaining the official information of a general nature from the Ministry of Foreign Affairs, disseminated through the institutional website of the Farnesina www.viaggiaresicuri.it. The aforesaid information is not contained in the Travel Organiser’s catalogues – whether online or in print – since these contain descriptive information of a general nature as set out in art. 38 of the Tourism Code. Information of a socio-political nature relating to the Country of destination of the holiday must therefore be obtained by the Customers themselves.

12.6 Where, as at the date of booking, the chosen destination appears on the institutional information channels as a location that is not recommended for security reasons, a traveller who subsequently exercises the right of withdrawal may not invoke, for the purposes of exemption from the claim for compensation in respect of the withdrawal, the disappearance of the contractual cause connected with the security conditions of the Country.

12.7 Customers must also comply with the rules of ordinary prudence and diligence and with the specific rules in force in the countries of destination of the journey, with all the information provided to them by the organiser, as well as with the regulations and the administrative or legislative provisions relating to the Tourist package. Travellers shall be liable for all damage which the organiser and/or the intermediary may suffer, including as a result of failure to comply with the obligations set out above, including the expenses necessary for their repatriation.

12.8 The Customer is required to provide the Travel Organiser with all the documents, information and elements in their possession which are useful for the exercise of the latter’s right of subrogation against the third parties responsible for the damage, and is liable towards the organiser for any prejudice caused to the right of subrogation.

12.9 The Customer shall also communicate in writing to the Travel Organiser, upon the Purchase Proposal for a Tourist Package and therefore before the organiser sends the confirmation of booking of the services, the particular personal requests which may form the subject of specific agreements on the arrangements for the journey, provided that it proves possible to implement them.

12.10 The Customer is required to inform the Travel Organiser of any health conditions and physical states which may affect the usability of the Package, such as, by way of example only: allergies, intolerances, respiratory conditions, difficulty in walking, and motor and/or sensory impairments.

12.11 The Customer is required to inform the Travel Organiser of their intention to bring pets with them; the Tourism Organiser remains free not to authorise the presence of the aforesaid pets; the Customer may in no event bring non-domestic animals with them.

Liability regime

13.1 The Travel Organiser is liable for damage caused to the Customer by reason of the total or partial non-performance of the services contractually due, whether these are provided by the Organiser personally or by third-party suppliers of the services, unless it proves that the event resulted from an act of the Customer (including steps taken independently by the Customer in the course of the performance of the tourist services) or from the unforeseeable or unavoidable act of a third party, from circumstances extraneous to the provision of the services provided for in the contract, from a fortuitous event, from force majeure, or from circumstances which the organiser itself could not, with professional diligence, reasonably foresee or resolve.

13.2 For the purposes of the preceding paragraph, tourist services purchased locally by Customers outside the Tourist Package do not fall within the notion of “services contractually due”, save where the possibility of purchasing them is mentioned in the Information Brochure / Catalogue or, more generally, in the travel contract.

13.3 The intermediary with which the booking of the Tourist package was made is in no event liable for the obligations relating to the organisation and performance of the journey, but is liable exclusively for the obligations arising from its capacity as intermediary and, in any event, within the limits laid down for such liability by the rules in force on the matter, save for the exemption referred to in art. 46 of the Tourism Code.

Limits of compensation

The compensation referred to in arts. 44, 45 and 47 of the Tourism Code, and the relevant limitation periods, are governed by what is provided for therein and in any event within the limits laid down by the C.C.V, by the International Conventions governing the services forming the subject of the Tourist package, and by articles 1783 and 1784 of the civil code, with the exception of personal injury, which is not subject to any pre-set limit.

Duty of assistance

The Travel Organiser is required to provide assistance measures to the Customer according to the criterion of professional diligence, with exclusive reference to the obligations imposed on it by law or by contract.

Customers with disabilities or reduced mobility are entitled, in accordance with the applicable Community legislation, to assistance for the entire duration of the transport, whatever the means chosen, as well as for the relevant preliminary stages; in order to avail themselves of that right, it is however necessary for the Traveller concerned to notify that need to the Travel Organiser, to the Intermediary if involved, or to the supplier of the transport service with the following notice:

– 48 hours, for journeys by air;

– 48 hours, for journeys by train;

– 36 hours, for journeys by bus and coach;

– 48 hours, for journeys by ship.

Complaints and claims

16.1 Any failure in the performance of the contract must be raised by the Customer promptly while using the Package, so that the organiser, its local representative or the tour leader can promptly remedy it. Otherwise compensation for the damage will be reduced or excluded pursuant to art. 1227 of the Italian Civil Code.

16.2 Without prejudice to the obligation set out above, the Customer may also lodge a complaint by sending a registered letter, with acknowledgement of receipt, to the organiser or to the seller, no later than ten working days from the date of return to the place of departure.

Insurance against cancellation and repatriation costs

If not expressly included in the price, it is possible, and indeed advisable, to take out at the time of booking, at the offices of the Travel Organiser or of the Intermediary, special insurance policies against the costs arising from cancellation of the Package and from accidents and/or illness which also cover repatriation costs and the loss and/or damage of baggage. The relevant summary is published on the Website.

The rights arising from the insurance contracts must be exercised by the Traveller directly against the insurance Companies with which they are taken out, on the conditions and in the manner provided for in the policies themselves, as set out in the policy conditions published on the Website or set out in the brochures made available to the Customer at the time of departure.

Protection against insolvency or bankruptcy and immediate return of the Traveller

The Travel Organiser complies with the provisions of Legislative Decree 62/2018 (which implements EU Directive 2015/2302), in that it is a member of the Fondo

Vacanze Felici S.c.a.r.l., (registered office: Via Larga 6 – 20121 Milano, VAT number: 09566380961 www.fondovacanzefelici.it). For the protection of Customers who hold a Contract, the Travel Organiser, through its membership of the Fondo Vacanze Felici, a consortium company with limited liability, in the event of insolvency or declared bankruptcy of the intermediary or of the organiser, arranges for:

a) a refund of the price paid;
b) repatriation in the case of journeys abroad.
In any event, the Ministry of Foreign Affairs may ask those concerned for reimbursement, in whole or in part, of the expenses incurred for the rescue and repatriation of persons who, abroad, have deliberately exposed themselves — save on justified grounds connected with the pursuit of professional activities — to risks which they could have known of by using ordinary diligence.

Operational modifications

In view of the long lead time with which the catalogues and the Information Brochures containing the information on how the services are to be used are published, it is hereby made known that the timetables and routes of the flights and trains indicated in the acceptance of the proposal to purchase the services may be subject to variation, since they are subject to subsequent validation. To that end the Customer must ask the Travel Organiser, or the Intermediary if involved, to confirm the services. The Travel Organiser will inform passengers of the identity of the actual carrier(s) within the time limits and in the manner provided for by art. 11 of EC Reg. 2111/2005 referred to in art. 7.1 letter b).

B. Individual services

B. General terms and conditions of the contract for the sale of individual Tourist Services

Statutory provisions

Contracts covering the offer of transport alone, of accommodation alone, or of any other separate tourist service, since they cannot be characterised as a travel organisation transaction or as a Tourist Package within the meaning of art. 34 of the Tourism Code, are governed by the following provisions of the CCV: art. 1, no. 3 and no. 6; arts. 17 to 23; arts. 24 to 31 (limited to those parts of such provisions which do not refer to the organisation contract), as well as by the other stipulations specifically relating to the sale of the individual service covered by the contract. A seller which undertakes to procure for third parties, including electronically, an unbundled tourist service is required to issue to the traveller the documents relating to that service, stating the sum paid for the service, and may in no way be regarded as a travel organiser.

Terms of contract

The following clauses of the general terms and conditions of the contract for the sale of tourist packages set out above are also applicable to such contracts: art. 4 paragraph 1; art. 5 paragraph 3; art. 12; art. 16. The application of those clauses in no way results in the relevant services being characterised as a Tourist Package. The terminology of the aforesaid clauses relating to the Tourist package contract (organiser, journey, etc.) is therefore to be understood by reference to the corresponding figures in the contract for the sale of individual tourist services (seller, stay, etc.).

C. Experiences and regular tours

C. General terms and conditions of contract for Experiences and regular tours

1) Registration, payment and invoicing

Registration, payment and invoicing for Experiences/regular tours take place through the website (jo-in.it/esperienze) (hereinafter, the “Site”), which makes it possible to select the desired Experience and, subject to registration, to sign up for it and make payment by credit card. The following payment networks are accepted: Visa, Mastercard and American Express, or by bank transfer, proceeding with the purchase by e-mail.

For information, you may contact the Esperienza team by telephoning 011.19214791, or by writing to the e-mail address esperienza@jo-in.it. The Office is located in Torino, at Piazza Teresa Noce 17D – 10155 (at Ex-Incet).

2) Cancellation of Experiences and regular tours

The actual running of Experiences/regular tours is subject to a minimum number of registrations being reached. Where it is not possible to run the event because the minimum number of registrations has not been reached, or where the event is cancelled for organisational or other reasons, the registered participant will be contacted and will be free to choose either to take part on a later date or to obtain a refund of the entire fee paid, where it has already been charged. In the second case, the refund will be made within 30 days of the date on which the user has communicated their intention to obtain the refund.

3) Gift vouchers: how to purchase

THE VALUE OF GIFT VOUCHERS: Once a voucher has been selected for purchase, the user will be directed to the purchase process, where they will easily be able to complete payment by credit card (Visa, MasterCard, American Express) or by bank transfer, proceeding with the purchase by e-mail, and to state – if already known – the first name, surname and e-mail address of the beneficiary. The user will also be free to decide whether the beneficiary will receive the gift voucher by e-mail or whether they would prefer instead to receive it at their own e-mail address, print the Gift Voucher and deliver it directly to the recipient.

In order to take part in Experiences/regular tours it will be necessary to get in touch with our team by e-mail or telephone and sign up for one of the Experiences in the calendar, stating the code of the voucher received and one’s own name. Whoever receives the Gift Experience Voucher will be free to choose which date to attend, subject to availability of places.

Booking is compulsory.

VALIDITY: Gift Vouchers are activated at the time of purchase and are TO BE USED within approximately 6 months of the date of activation (the expiry date is stated on the Voucher). Gift Vouchers will not be extendable beyond that deadline.

4) Right of withdrawal

Pursuant to and for the purposes of art. 54 of Legislative Decree no. 206 of 6 September 2005, as amended by Legislative Decree no. 21 of 21 February 2014 (“Consumer Code”), the user is entitled to exercise the right of withdrawal – with no obligation to give any reason – within the time limit, provided for by paragraph 1 of art. 52 of the Consumer Code, of 14 (fourteen) days from the date of purchase of the Experience/regular tour.

In order to exercise the right of withdrawal, the user must send, within the aforesaid time limit of 14 days, a written communication to the following e-mail address: esperienza@jo-in.it.

Pursuant to art. 56 of the Consumer Code, a user who has exercised the right of withdrawal in the manner indicated above will be refunded the entire participation fee already charged, within 30 (thirty) days of receipt of the notice of withdrawal.

PLEASE NOTE: It is understood that where the user has purchased the event in the 14 days preceding the start of that same Experience/regular tour, the right of withdrawal under art. 54 of the Consumer Code may not be exercised, the user expressly acknowledging that in that case the time limits for withdrawal cannot be complied with.

Where the user withdraws from their participation in the Experience/regular tour after the aforesaid time limit of 14 (fourteen) days has expired, but within 24 (twenty-four) hours of the start date of the Course, the School will retain the registration fee already paid by the user. That fee may be used by the user, no later than six months from payment for the Experience/regular tour in respect of which the withdrawal was notified, to take part in another Experience. Should that not happen, Jo-in will be entitled to retain the remaining amount as well. Where the user wishes to use the amount for an Experience/regular tour with a higher registration cost, it will be possible to add the missing sum and sign up, subject to verification of the availability of places.

Alternatively, once the 14-day time limit for exercising the right of withdrawal has expired, substitution of the participant is permitted, and must be duly notified to Jo-in by the user who purchased the Course (by e-mail to esperienza@jo-in.it or by telephone on 011 19214791).

Once 24 (twenty-four) hours have elapsed from the date of the event, Jo-in will retain the entire registration fee paid by the user.

5) Exclusion of the right of withdrawal for Gift Vouchers

Gift Vouchers are never refundable.

Pursuant to art. 59 letter n) of the Consumer Code, the right of withdrawal referred to in arts. 52 to 58 for distance contracts and off-premises contracts is excluded – inter alia – in relation to “leisure activities where the contract provides for a specific date or period of performance”.

Therefore, with exclusive reference to Gift Vouchers, the user – acknowledging that the exception to the right of withdrawal referred to in art. 59 letter n) of the Consumer Code is fully applicable and operative in respect of the provision of that service – will not be entitled to exercise withdrawal pursuant to arts. 52 and 54 of the Consumer Code, in view of the nature of the service offered (intended to satisfy leisure-time needs) and of the specific period of validity of the Gift Voucher (6 months – date stated on the voucher).

Communications

Communications which are to be addressed to the Travel Organiser, pursuant to and for the purposes of these General Terms and Conditions, must be made in the following ways:

– by e-mail: vacanzestudio@jo-in.it

– by registered letter with acknowledgement of receipt: JO-IN S.r.l. – Piazza Teresa Noce 17/D – 10155 Torino

Information notice under arts. 13-14 of EU Reg. 2016/679

For further information click here.

Effectiveness of these General Terms and Conditions

These General Terms and Conditions come into force as from 01.01.2025