GENERAL TERMS & CONDITIONS: SALES CONTRACT OF TOURIST PACKAGES
CORPORATE DATA & MANDATORY PRE-CONTRACTUAL INFORMATION
(Arts. 35 & 36 of Italian Legislative Decree no. 79/2011 – Tourism Code)
Company Name: DaVinci Travels s.r.l. (also operating under the registered trademark Yana Viaggi)
Registered Office: Via Torre 18, 50056 Montelupo Fiorentino (FI), Italy
VAT / Tax Code: 06500700486
Chamber of Commerce Registration / R.E.A. No.: FI - 633654
Share Capital: €100,000.00 fully paid-up
Certified Email (PEC): info@pec.davincitravels.com
1. APPLICABLE LAW AND JURISDICTION
The sale of tourist packages is governed by Italian Legislation, specifically the Italian Tourism Code (Legislative Decree no. 79/2011, as amended by Legislative Decree no. 62/2018) implementing EU Directive 2015/2302. Any dispute arising out of or in connection with this contract shall be submitted to the exclusive jurisdiction of the Courts of Florence, Italy, without prejudice to mandatory consumer protection rights provided under European Union or international regulations (such as the consumer’s mandatory place of residence or domicile).
2. PERMITS AND GUARANTEES
The organizer and the seller of the package must be fully authorized to carry out their activities in accordance with applicable administrative regulations. DaVinci Travels s.r.l. guarantees to be in possession of the mandatory administrative authorization/license to operate (SCIA submitted to the Municipality of Montelupo Fiorentino, Tuscany Region), a suitable civil liability insurance policy, and an adequate guarantee protection against insolvency or bankruptcy, as required by the Italian Tourism Code and detailed under Article 5.
3. DEFINITIONS
For the purposes of this Contract, and in accordance with Directive (EU) 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements, the following definitions apply:
a) Organizer of the trip: The person or entity who packages the combination of elements listed under Article 4 and sells or offers them for sale to third parties (specifically, DaVinci Travels s.r.l.).
b) Seller: The person or entity who sells or agrees to provide tourist packages under Article 4.
c) Client of travel packages: The purchaser, transferee of a package tour, or any other person on whose behalf the principal contractor agrees to purchase a package without remuneration, provided they meet all conditions required to use the service.
4. TOUR PACKAGE
A tourist package consists of a combination of at least two of the following different types of travel services for the purpose of the same trip or holiday, sold at an all-inclusive price, and lasting more than 24 hours or including overnight accommodation:
a) Passenger transport;
b) Accommodation (which is not intrinsically part of passenger transport and is not for residential purposes);
c) Car rental, or rental of other motor vehicles;
d) Any other tourist service which is not ancillary to transport, accommodation, or vehicle rental, provided that it represents at least 25% of the total value of the combination, or is advertised/sold as an essential feature of the trip.
The Traveller is entitled to receive a copy of the package travel contract (in accordance with Article 37 of the Italian Tourism Code). This contract is also necessary to access the insolvency and bankruptcy protection provided in accordance with Article 19 of these General Conditions.
5. PRE-CONTRACTUAL INFORMATION – TECHNICAL DATA
The Organizer is obliged to provide the Traveller with standard pre-contractual information before the conclusion of the package travel contract, pursuant to Articles 35 and 36 of the Italian Tourism Code.
TECHNICAL DATA SHEET
Organizer Details: DaVinci Travels s.r.l. (operating under the registered trademark Yana Viaggi)
Administrative Authorization / Operating License: SCIA / Official notification for operating as a Travel Agency and Tour Operator submitted to the Municipality of Montelupo Fiorentino (Tuscany Region).
Professional Indemnity Insurance (Liability): Mandatory pursuant to Art. 48 of the Italian Tourism Code. Insurance Company: UnipolSai Policy Nr.: 110590435
Insolvency and Bankruptcy Protection: Mandatory pursuant to Art. 47 of the Italian Tourism Code to guarantee the refund of the price paid and the immediate repatriation of the traveler.
Protection Provider / Fund: NOBIS Compagnia di Assicurazioni S.p.A. / Fondo Garanzia Viaggi S.r.l.
Policy / Certificate No.: 6006001163
Terms and Conditions for Passenger Substitution: Pursuant to Art. 38 of the Italian Tourism Code (see Article 12).
Price Adjustment Benchmarks: Pursuant to Art. 39 of the Italian Tourism Code (see Article 8).
The Organizer shall also inform passengers regarding the identity of the actual operating air carrier in accordance with the timelines and procedures set forth under Art. 11 of Regulation (EC) no. 2111/2005.
6. RESERVATIONS
Reservation requests must be made using the appropriate contract form (including online digital forms or via email confirmation). By submitting the reservation request, the Traveller accepts these General Terms and Conditions.
Bookings are only considered accepted, and the contract concluded, once the Organizer sends a written confirmation (including via email or other digital/telematic systems) directly to the Traveller or to the booking travel agency.
Any additional information regarding the package not contained in the contract documents, brochures, or other written communications will be provided by the Organizer in fulfillment of its obligations under Art. 37 of the Italian Tourism Code, in due time prior to the start of the trip.
7. PAYMENTS
Upon booking, the Traveller shall pay a down payment equal to the percentage specified in the customized travel program or quote (standard deposit is 30% of the total price, unless higher upfront costs from local suppliers require a higher amount).
The remaining balance must be paid by the deadline specified in the travel confirmation or invoice. Failure to pay either the deposit or the balance by the established dates constitutes an express termination clause (clausola risolutiva espressa pursuant to Art. 1456 of the Italian Civil Code), allowing the Organizer to terminate the contract and claim any applicable cancellation penalties.
8. PRICE AND PRICE ADJUSTMENTS
The price of the tourist package is set in the contract. Pursuant to Art. 39 of the Italian Tourism Code, the price may be revised no later than 20 days before departure, either upward or downward, exclusively as a consequence of changes in:
a) the cost of passenger transport resulting from the cost of fuel or other energy sources;
b) the level of taxes or fees on travel services imposed by third parties not directly involved in the performance of the package (e.g., local tourist taxes, landing taxes, or embarkation/disembarkation fees);
c) the exchange rates relevant to the package.
If the price increase exceeds 8% of the total package price, the Traveller shall have the rights outlined under Article 9.
9. MODIFICATION OR CANCELLATION OF A TOURIST PACKAGE BEFORE DEPARTURE
9.1. Significant Modifications: If, before the start of the package, the Organizer is constrained to significantly alter any of the main characteristics of the travel services (pursuant to Art. 40 of the Italian Tourism Code) or cannot meet the special requirements of the Traveller previously accepted, the Organizer shall immediately inform the Traveller in writing (via email). The notification will include:
a) The proposed changes and their impact on the price of the package;
b) A reasonable time-limit (e.g., 5 working days, or less if close to departure) within which the Traveller must inform the Organizer of their decision;
c) The consequences of the Traveller's failure to reply within the established time-limit (wherein the proposed modification shall be deemed accepted).
9.2. Traveller's Rights: If the Traveller rejects the modification, they may terminate the contract without paying any penalty and shall be entitled to:
a) An alternative package of equivalent or superior quality, if the Organizer is able to offer one;
b) An alternative package of lower quality with an adequate refund of the price difference;
c) A full refund of all payments made within 14 days of the termination of the contract.
9.3. Cancellation due to Minimum Number of Participants: The Organizer may cancel the contract and provide the Traveller with a full refund of all payments made (without being liable for additional compensation) if the minimum number of participants specified in the travel program is not reached, provided the Organizer notifies the Traveller in writing no later than:
20 days before the start of the package for trips lasting more than 6 days;
7 days before the start of the package for trips lasting between 2 and 6 days;
48 hours before the start of the package for trips lasting less than 2 days.
10. WITHDRAWAL AND CANCELLATION POLICY BY THE TRAVELLER
10.1. Cancellation without Penalty (Significant Alteration): The Traveller may terminate the contract before the start of the package without paying any termination fee if the Organizer proposes significant modifications as outlined in Article 9. In such cases, the Traveller is entitled to an alternative package or a full refund within 14 days.
10.2. Cancellation without Penalty (Extraordinary Circumstances): Pursuant to Art. 41, paragraph 4 of the Italian Tourism Code, the Traveller has the right to terminate the contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity (e.g., natural disasters, warfare, severe health emergencies) which significantly affect the performance of the package or the carriage of passengers to the destination. In this event, the Traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.
10.3. Standard Cancellation (With Penalties): If the Traveller withdraws from the contract before departure for reasons other than those listed above, the Organizer shall charge—regardless of the deposit paid under Art. 7—the file handling fees, non-refundable supplier costs already incurred, and the following standard cancellation penalties, calculated from the day written notice (via email) is received by DaVinci Travels s.r.l.:
A. Cancellation up to 30 days before departure: Loss of the total deposit paid (up to 30% of the total trip price);
B. Cancellation between 29 and 11 days prior to departure: 50% of the total trip price;
C. Cancellation within 10 days prior to departure or No-Show: 100% of the total trip price.
The above cancellation charges represent a reasonable estimate of the Organizer's costs, taking into account savings and income from alternative deployment of the travel services.
Note on Standard Cancellation Penalties: In accordance with Article 41, paragraphs 1 and 2 of the Italian Tourism Code, cancellation penalties must be reasonable, justified, and proportionate to the actual costs incurred by the Organizer. Upon request, the Organizer shall provide the Traveller with a detailed justification for the amount of the termination fee. Travellers are strongly encouraged to purchase an optional, comprehensive trip cancellation insurance policy to cover unforeseen personal reasons not covered by the complimentary policy.
11. CHANGES AFTER DEPARTURE AND LACK OF CONFORMITY
11.1. Alternative Arrangements: If, after departure, a significant proportion of the travel services cannot be provided as agreed in the contract (for reasons other than those attributable to the Traveller), the Organizer shall arrange suitable alternative solutions of equivalent or higher quality at no extra cost to the Traveller. If the alternative arrangements result in a package of lower quality, the Organizer shall grant the Traveller an appropriate price reduction.
11.2. Rejection and Repatriation: The Traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or if the Traveller rejects the changes for proven and justified reasons, the Organizer shall provide, at no extra cost, equivalent transport to return the Traveller to the initial place of departure in Italy or another agreed-upon location and reimburse the price difference for the services not rendered.
11.3. Limit of Accommodation due to Extraordinary Circumstances: Pursuant to Art. 42 of the Italian Tourism Code, if it is impossible to ensure the Traveller’s return as agreed in the contract because of unavoidable and extraordinary circumstances, the Organizer shall bear the cost of necessary accommodation, if possible, of equivalent category, for a period not exceeding 3 nights per Traveller. This cost limitation does not apply to persons with reduced mobility, pregnant women, unaccompanied minors, or persons in need of specific medical assistance, provided the Organizer was notified of their particular needs at least 48 hours before the start of the trip.
12. TRANSFER OF THE CONTRACT TO ANOTHER TRAVELLER (REPLACEMENTS)
12.1. Conditions for Transfer: Pursuant to Art. 38 of the Italian Tourism Code, the Traveller may transfer the package travel contract to another person who satisfies all the conditions applicable to that contract, provided that the Organizer is notified in writing (via email) on a durable medium no later than 7 days before the start of the package.
12.2. Requirements: The transfer is subject to the following conditions:
a) The transferee (new traveller) meets all passport, visa, health insurance, and administrative requirements necessary to enter Italy and use the contracted services;
b) The third-party suppliers (e.g., hotels, airlines, rail operators, museums) accept the name change and the services can still be provided to the new traveller.
12.3. Joint Liability for Payments: The transferor (original client) and the transferee (new traveller) shall be jointly and severally liable (responsabili in solido) for the payment of the balance of the price and for any additional fees, charges, or other costs arising from the transfer (such as airline ticket change fees). The Organizer shall provide the transferor with evidence of the additional costs resulting from the transfer.
Special Notice on Flight Bookings: Travellers are expressly informed that most commercial airlines do not permit name changes or ticket transfers after booking. In such cases, transferring the contract may require the cancellation and re-purchase of air tickets at current market rates. All such additional costs, as determined by the third-party carrier, shall be fully charged to the transferor and transferee pursuant to Article 12.3.
13. OBLIGATIONS OF THE TRAVELLERS
13.1. Passports, Visas, and Health Requirements: Travellers are solely responsible for obtaining and verifying all necessary travel documents required for entry into Italy, including valid passports (with at least 3 to 6 months residual validity depending on the country of origin), entry visas (such as Schengen Visas, if applicable), transit visas, and health or vaccination certificates. The Organizer shall not be held liable for any damages, penalties, or cancellation costs resulting from the Traveller’s failure to comply with immigration and customs regulations.
13.2. Compliance and Behavior: Travellers must comply with all applicable Italian laws, administrative regulations, and safety rules, as well as instructions provided by the Organizer, local guides, or representatives. Travellers must exercise common prudence and diligence throughout the trip.
13.3. Special Requests and Health Conditions: At the time of booking, the Traveller must notify the Organizer in writing of any special requests (e.g., dietary requirements, room preferences) to verify if they can be accommodated. The Traveller must explicitly communicate any specific physical, medical, or mental conditions (including but not limited to pregnancy, severe food allergies, or reduced mobility) that may require personalized assistance or affect the safety and execution of the tour services.
14. HOTEL CLASSIFICATION AND STANDARDS
14.1. Official Italian Classification: The official classification of hotel accommodations provided within the tourist package is determined in accordance with the specific administrative regulations and laws in force in the respective Region of Italy where the accommodation is located.
14.2. International Expectations: The Traveller acknowledges that official star ratings in Italy are based on local regional legal parameters and quantitative criteria (such as room size or facility availability) and may vary from the qualitative standards and expectations of the Traveller's home country. Descriptions and photos provided by the Organizer are for illustrative purposes and reflect the current state verified by local authorities.
15. LIABILITY REGIME
The organizer is liable for damages caused to the client due to total or partial non-performance of contractually agreed services, whether performed directly by them or by third-party service providers. The organizer is exempt from liability if they prove that the event was caused by the client (including initiatives taken independently by the client during the services), by an external third party, by accident, by force majeure, or by circumstances that the organizer, using professional diligence, could not reasonably foresee or resolve.
With every trip you will receive complimentary Europ Assistance health assistance insurance (up to €50,000) and baggage loss/damage coverage (up to €1,000) prior to departure.
16. LIMITATION OF LIABILITY AND REIMBURSEMENT CAPS
16.1. International Conventions: Compensation for damages resulting from the non-performance or improper performance of the services included in the package shall be subject to the limitations and caps established by applicable international conventions governing such services (e.g., the Warsaw or Montreal Convention for air transport, the Athens Convention for sea transport, and the Berne Convention for rail transport).
16.2. Contractual Limit (The Triple Price Cap): Pursuant to Art. 43, paragraph 5 of the Italian Tourism Code, except for personal injury, damages caused intentionally (dolo), or through gross negligence (colpa grave), the compensation for damages arising from the lack of conformity of the services shall be strictly limited to a maximum of three times the total price of the tourist package paid by the Traveller.
17. OBLIGATION TO ASSIST AND INSURANCE
Each trip includes Europ Assistance insurance prior to departure, covering comprehensive assistance services and medical repatriation.
17.1. Medical Expenses Guarantee: The policy provides urgent and non-postponable medical, pharmaceutical, and hospital coverage tailored to your area of residence:
For European Union and Switzerland residents: Covered up to €30,000 per insured party/claim.
For Non-European Union residents (Extra-European travelers): Covered up to €50,000 per insured party/claim.
17.2. Baggage Loss and Damage Coverage: Baggage and personal effects are covered up to a maximum of €1,000 per claim and travel duration, subject to the following strict internal limitations:
Single Item Limit: Maximum of €150 refundable per single item. Bags, suitcases, and backpacks are considered a single item.
Electronic Equipment: Covered up to 50% of the total limit (e.g., photo/video gear, smartphones, laptops).
Valuables & Cosmetics: Covered up to 30% of the total limit for cosmetics, medicines, jewelry, and watches (jewelry and precious items are only covered if worn or locked in the hotel safe).
Delayed Baggage: A reimbursement of up to €150 is provided for unexpected essential purchases if the carrier delivers your baggage more than 12 hours late (applicable only to outward flights).
17.3. Covid-19 Special Guarantees:
Extension of Stay: In case of forced quarantine directly affecting you, a travel companion, or a family member, a reimbursement of €100 per day (up to 15 days) is provided for hotel/rental accommodation.
Travel Fee Refund: Reimbursement of the unused portion of the trip up to €7,000 per insured person if forced to interrupt the journey due to hospitalization or forced quarantine.
Hospitalization Indemnity: A lump-sum indemnity of €1,000 is paid if you are hospitalized for at least 7 consecutive days due to Covid-19 within 5 days of returning from your trip.
17.4. Exclusive Complimentary Services:
Trip Cancellation: Reimbursement of contractually applied cancellation penalties up to €7,000 per person (maximum €150,000 per claim) for unforeseeable and objectively documented reasons.
Vehicle Assistance: Roadside assistance and towing to the nearest service point up to €250 in case of breakdown or accident, or on-the-spot troubleshooting for minor issues (battery depletion, punctures, lost keys) within 20 km.
You will be provided with the 24/7 EMERGENCY HELP TELEPHONE NUMBER FOR THE EUROP ASSISTANCE ORGANIZATIONAL STRUCTURE.
18. LACK OF CONFORMITY, CLAIMS, AND COMPLAINTS
18.1. Immediate Notification on Site: Pursuant to Art. 42 of the Italian Tourism Code, the Traveller must inform the Organizer, local representative, or guide without delay, during the execution of the trip, of any lack of conformity or defect in the performance of a travel service included in the contract. This immediate notification allows the Organizer to remedy the situation promptly on-site. Failure to report the issue immediately may be taken into account when determining any price reduction or compensation for damages, if the delay prevented the Organizer from resolving the issue.
18.2. Formal Complaints: Without prejudice to the legal limitation periods established by law, any formal complaint regarding the execution of the package travel services should preferably be submitted to DaVinci Travels s.r.l. in writing via email within 10 days from the date of return, to facilitate a swift investigation and assessment of the claim.
Note on Complaint Terms: Although the legal limitation periods for filing non-conformity claims are set by law (up to 2 years for material/property damages and 3 years for personal injury), the Traveller is kindly invited to submit any formal complaint within 10 days from the date of return. This allows the Organizer to conduct a swift, efficient, and accurate investigation while details and evidence are readily available.
19. PROTECTION AGAINST INSOLVENCY OR BANKRUPTCY
19.1. Mandatory Protection:
Pursuant to Art. 47 of the Italian Tourism Code, DaVinci Travels s.r.l. has secured adequate coverage against insolvency or bankruptcy through NOBIS Compagnia di Assicurazioni S.p.A. / Fondo Garanzia Viaggi S.r.l. (Policy/Certificate No. 6006001163) to refund all payments made by Travellers and, if passenger transport is included in the package, to ensure the Traveller’s immediate repatriation.
19.2. Scope of Protection:
This protection ensures the immediate availability of funds to provide the Traveller with:
a) A full refund of the price paid for any travel services not performed;
b) Immediate repatriation to the initial point of departure, if insolvency or bankruptcy occurs during the execution of the package and transport is included.
ADDENDUM: GENERAL TERMS AND CONDITIONS FOR THE SALE OF SINGLE TOURIST SERVICES
A) REGULATORY PROVISIONS
Contracts for the supply of an individual travel service (such as transport only, accommodation only, car rental, or any other separate tourist service) do not constitute a package travel contract. Pursuant to Art. 32 of the Italian Tourism Code, these contracts are governed by the specific provisions of the Italian Civil Code regarding mandate and sale, as well as the consumer protection regulations applicable to individual services. The Seller acts solely as an intermediary between the Traveller and the actual service provider.
B) APPLICABILITY OF GENERAL CONDITIONS
These contracts are subject to the following clauses of the General Conditions for package tours above, insofar as they are compatible with a single service contract: Article 6 (Reservations), Article 7 (Payments), and Article 13 (Obligations of the Travellers). The application of these clauses does not under any circumstances configure these single transactions as a tourist package. Terms related to packages (e.g., "Organizer", "Trip") shall be interpreted as referring to the corresponding parties of a single service contract (e.g., "Vendor/Intermediary", "Service").
C) PAYMENT METHODS
Payments for single services can be made via international bank transfer or major credit cards (VISA, MasterCard). Specific payment timelines and instructions will be provided during the quotation and booking process.
D) CANCELLATION BY THE CLIENT
Requests for the cancellation of a single tourist service must be submitted immediately to DaVinci Travels s.r.l. in writing (via email). Since these are individual services, cancellation fees and penalties are strictly determined by the specific cancellation policies imposed by the third-party suppliers (e.g., specific hotel non-refundable rates, train ticket regulations, museum entry rules) plus any agency handling fees, which will be detailed at the time of booking.
E) UNUSED SERVICES
DaVinci Travels s.r.l. shall not grant any refund for single tourist services that are voluntarily interrupted, shortened, or not utilized by the Traveller for any reason whatsoever.
F) INSURANCE COVERAGE
Where applicable and explicitly confirmed in the individual booking voucher, the service includes a Europ Assistance health and medical repatriation policy subject to the insurer’s terms and conditions:
For European Union and Switzerland residents: Covered up to €30,000 per insured party/claim.
For Non-European Union residents (Extra-European travellers): Covered up to €50,000 per insured party/claim.
Baggage and personal effects: Covered up to a maximum of €1,000 per claim.
The 24/7 EMERGENCY TELEPHONE NUMBER FOR EUROP ASSISTANCE will be supplied alongside the travel confirmation voucher.