GENERAL CONDITIONS OF THE PACKAGE HOLIDAY SALES CONTRACT
Contents of the package holiday sales contract
A key part of the travel contract, along with these general conditions, is the description of the package holiday, as set out in the catalogue or in a separate travel programme. This also includes the booking confirmation of the services requested by the traveller and the documents referred to in Article 36, paragraph 8, of the Code of State Regulations on Tourism Law and Market, established by Legislative Decree no. 79 of 23 May 2011 and most recently amended by Law no. 238 of 23 December 2021 (hereinafter the “Tourism Code” or “TC”). When the contract is brokered by a travel agency, this booking confirmation is sent by the tour operator to the travel agency, as the traveller’s agent, and the latter will be entitled to receive it from the same. By signing the package holiday purchase proposal, the traveller expressly confirms that they have read, understood, and accepted — for themselves and for any individuals for whom they are booking the all-inclusive service — both the travel contract, including its specific provisions and notices, and these general conditions.
1. Regulatory Sources
The sale of package holidays, whether for domestic or international services, is governed by Articles 32–51 novies of the Tourism Code (TC), Law No. 1084 of 27 December 1977 — which ratifies and implements the International Convention on Travel Contracts, signed in Brussels on 23 April 1970 (hereinafter, the “CTC”) — and, where applicable, the provisions of the Italian Civil Code (hereinafter, “CC”) concerning transport, contracting of services, and travel agencies. Any additional legislative provisions that may be implemented during the effective period of this catalogue, which may modify or repeal the contract conditions set out below, will be communicated online by publication on the tour operator’s website: https://es.tui.com/
2. Definitions
For the purposes of this agreement, the following definitions will apply: a) professional: Any public or private person or company that, as part of their business, industrial, artisanal or professional activity, is involved in organised tourism contracts — either directly or through someone acting on their behalf — as an organiser, retailer, professional who facilitates related tourism services, or provider of tourism services, pursuant to current legislation; b) organiser: a professional who puts together packages and sells them or offers them for sale directly or through or together with another professional, or a professional who transmits the data relating to a traveller to another professional, in accordance with Article 33, paragraph 1(c), no. 2.4 of the TC; c) retailer: a professional other than the organiser who sells or offers for sale packages put together by an organiser; d) traveller: any person who intends to enter into a contract, enters into a contract, or is authorised to travel under a contract entered into, within the scope of Chapter I, Title VI, of the TC; e) establishment: defined in Article 8, letter e), of Legislative Decree No. 59 of 26 March 2010, as “the effective pursuit, on a permanent basis, of a self-employed economic activity by the provider, carried out through a stable infrastructure”; f) durable medium: any instrument that enables the traveller or professional to store information personally addressed to them in a way that allows future access for a period appropriate to the purposes for which the information is intended, and enables the unchanged reproduction of the stored information; g) unavoidable and extraordinary circumstances: a situation beyond the control of the party claiming such a situation, the consequences of which could not have been prevented even by taking all reasonable measures; h) non-conformity: a failure to fulfil the tourism services included in a package; i) point of sale: any premises, whether movable or immovable, used for retail sales, or any retail sales website or similar online sales tool, including cases where retail websites or online sales tools are presented to travellers as a single interface, as well as telephone sales services; j) return: the return of the traveller to the place of departure or to another place agreed by the contracting parties; l) tourism service: 1) the transport of passengers; 2) accommodation that is not an integral part of the passenger transport and is not intended for residential purposes, or for long-term language courses; 3) rental of cars or other motor vehicles, or motorcycles, requiring a Category A driving licence; 4) any other tourism service that is not an integral part of one of the tourism services referred to in items 1), 2) or 3), and is not a financial or insurance service.
3. Concept of a Package Holiday
The concept of a package holiday is as follows: the combination of at least two different types of tourism services for the purposes of the same trip or holiday, if at least one of the following conditions is met:
- these services are put together by a single professional, including at the request of the traveller or in accordance with their selection, before a single contract is entered into for all services;
- these services, even if entered into through separate contracts with individual tourism service providers, are: 2.1) purchased at a single point of sale and selected before the traveller consents to payment; 2.2) offered, sold or billed at a flat or comprehensive price; 2.3) advertised or sold under the name “package” or a similar name; 2.4) combined after the conclusion of a contract through which the professional allows the traveller to choose from a selection of different types of tourism services, or ones purchased from different professionals through linked telebooking processes where the traveller’s name, payment details and email address are transmitted by the professional with whom the first contract is entered into to one or more professionals, and the contract with the latter professional(s) is entered into at the latest 24 hours after confirmation of the booking of the first tourism service.
4. Pre-contractual information provided to the traveller
Before entering into the package holiday contract or any corresponding offer and before the trip begins, the organiser — and, where the package is sold through a retailer, the latter as well — must provide the traveller with the relevant “Standard information form for package holiday contracts where hyperlinks may be used” (attached at the end of these conditions), as well as the following information: a) the main features of the tourism services, such as:
- the destination or destinations of the trip, the itinerary, and the stay periods with the corresponding dates; and, where accommodation is included, the number of nights included;
- means, features and categories of transport, places, dates and times of departure and return, duration and location of stop-overs and connections; in the event that the exact time is not yet established, the organiser and, where applicable, the retailer shall inform the traveller of the approximate time of departure and return;
- the location, the main features and, where applicable, the tourism category of the accommodation pursuant to the regulations of the destination country;
- the meals provided;
- the visits, excursions or other services included in the total agreed price of the package;
- the tourism services provided to the traveller as a member of a party and, in this case, the approximate size of the party;
- the language in which the services are provided;
- whether the trip or holiday is suitable for persons with reduced mobility and, at the request of the traveller, precise information on the suitability of the trip or holiday taking into account the needs of the traveller; b) the business name and geographical address of the organiser and, where applicable, of the retailer, along with their telephone numbers and e-mail addresses; c) The total price of the package, including taxes and all fees, duties, and other additional costs, including any administrative or handling charges; or, where such costs cannot reasonably be calculated before entering into the contract, an indication of the type of additional costs that the traveller may still have to pay; d) the methods of payment, including any amount or percentage of the price to be paid as a down payment, and the schedule for payment of the balance, or the financial guarantees that the traveller is required to pay or provide; e) the minimum number of persons required for the package and the deadline referred to in Article 41, paragraph 5(a) of the TC, before the start of the package, for the purpose of contract termination in the event that the minimum number is not reached, where Article 41, paragraph 5(a) of the TC provides as follows: The organiser may withdraw from the package holiday agreement and offer the traveller full reimbursement of the payments made for the package, but is not required to pay additional compensation if the number of persons included in the package is less than the minimum set out in the contract and the organiser communicates its withdrawal from the contract to the traveller within the time set out in the contract and in any case no later than twenty days before the start of the package in the case of travel lasting more than six days, seven days prior to the start of the package for travel lasting between two and six days, forty-eight hours prior to the start of the package for trips less than two days long. f) general information concerning passport and visa conditions, including approximate times to obtain visas, and the healthcare formalities of the destination country; g) information on the right of the traveller to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs, or, if applicable, of the standard withdrawal costs requested by the organiser pursuant to Article 41, paragraph 1 of the TC; h) information on the optional or mandatory subscription of insurance covering the costs of unilateral withdrawal from the contract by the traveller, or the costs of assistance, including repatriation, in the event of accident, illness or death; i) the details of the cover referred to in Article 47, paragraphs 1, 2 and 3 of the TC.
5. Conclusion of the package holiday contract and documents to be provided before the start of the package
Package holiday contracts are drafted in plain and clear language and, where in writing, are legible. At the time of the conclusion of the package holiday contract or, in any case, as soon as possible, the organiser or retailer provides the traveller with a copy or confirmation of the contract on a durable medium. The package holiday contract or its confirmation sets out the entire content of the agreement, which contains, and clearly and accurately presents all the above information in clause 5, as well as the following: a) specific traveller requests accepted by the organiser (in this regard, it should be noted that special requests regarding the methods of provision and/or execution of certain services that are part of the package holiday, including the need for airport assistance for people with reduced mobility or requests for special meals on board or at the place of stay, must be made in advance during the booking phase and be the subject of a specific agreement between the traveller and the organiser, if applicable through the travel agency); b) a declaration to the effect that the organiser is responsible for the proper performance of all tourism services included in the contract pursuant to Article 42 of the TC, and is required to provide assistance if the traveller is in difficulty pursuant to Article 45 of the TC; c) the name and contact details, including the geographical address, of the party in charge of the insolvency protection; d) the name, address, telephone number, e-mail address and, where applicable, fax number of a contact person within the organisation or belonging to another service, to allow the traveller to quickly and effectively communicate with the organiser for assistance or to address any complaints relating to defects or non-conformities found during the execution of the package; e) the fact that the traveller is required to communicate, without delay, any defects or non-conformities detected during the execution of the package pursuant to Article 42, paragraph 2, of the TC; f) in the case of minors travelling unaccompanied by a parent or other authorised person under a package holiday contract that includes accommodation, the information necessary to establish direct contact with the minor or with the person responsible for the minor at the place of stay; g) information regarding existing complaint-handling procedures and alternative dispute resolution (ADR) mechanisms pursuant to Legislative Decree No. 206 of 6 September 2005, and, where applicable, the ADR body governing the professional, as well as the online dispute resolution platform in accordance with Regulation (EU) No. 524/2013; h) information on the right of the traveller to assign the contract to another traveller pursuant to Article 38 of the TC. In good time before the package begins, the organiser shall provide the traveller with the necessary receipts, vouchers and tickets, as well as information on the scheduled departure time and deadline for acceptance, as well as the times of all stop-overs, connections and arrivals. It should be noted, in particular, that optional excursions not initially agreed are not part of the package holiday and are governed by their own terms and conditions; therefore, the organiser does not guarantee that they will take place until the time of purchase.
6. Payments
On confirming the booking, the traveller must pay the total price of the package. If the traveller requests that the organiser propose a tailor-made package holiday, the organiser may request payment of a package preparation fee. If the traveller accepts the package offer prepared by the organiser, the amount paid will be applied to the price of the trip. Failure to make timely payment of the total price of the package, or of the fee for preparation of the package, as specified above, as well as failure by the selling agency to remit to the tour operator the sums paid by the traveller, shall constitute an express termination clause pursuant to Article 1456 of the Italian Civil Code, resulting in automatic termination of the contract upon simple written notice sent by fax or e-mail to the selling agency, or to the traveller’s address, including email address, if provided. Payment of the balance shall be deemed to have been made when the sums are received by the organiser, either directly from the traveller or through the intermediary travel agency chosen by the traveller.
7. Price
The price of the package holiday is determined in the contract, with reference to what is indicated in the catalogue or in the corresponding non-catalogue programme and any updates to the same, or on the website of the organiser. The holiday package price is calculated based on the exchange rates, transport rates, fuel costs, taxes and charges applicable on the date of publication of the programme or subsequent published conditions. After the stipulation of the package holiday contract, prices can be increased by the organiser by a maximum of 8%. In such case, however, the traveller shall be entitled to a price reduction corresponding to any decrease, occurring after the conclusion of the contract and before the start of the package, in the costs referred to below under letters (a), (b) and (c). Price increases are only possible as a result of changes in: a) the price of transporting passengers based on the cost of fuel or other energy sources; b) the level of fees or charges on the tourism services included in the contract imposed by third parties not directly involved in the execution of the package, including landing, disembarking and boarding taxes at ports and airports; c) the exchange rates applicable to the package. Any such changes will be based on the exchange rates and prices in effect at the time the programme was published, as stated in the technical data sheet of the catalogue, or on the date indicated in any updates published on the websites. If the price increase referred to in this Article exceeds 8% of the total price of the package, Article 40 of the TC shall apply, that is, the following provisions shall take effect. If, before the start of the package, the organiser is forced to significantly change one or more of the main features of the tourism services, or cannot meet specific traveller requests, or proposes to increase the package price by more than 8%, the traveller, within a reasonable period specified by the organiser, may accept the proposed amendment or withdraw from the contract without paying any withdrawal costs; in case of withdrawal, the organiser may offer the traveller a replacement package of equivalent or higher quality. The organiser shall, without undue delay, inform the traveller clearly, precisely and on durable media about: a) the proposed changes and their impact on the price of the package; b) the reasonable period within which the traveller is obliged to inform the organiser of their decision; c) the consequences of the traveller’s failure to communicate said decision within the period referred to in letter b) and any replacement package offered and its price; in this regard, it should be noted that, if no communication is received by the aforementioned deadline, the proposal drawn up by the organiser is understood to be accepted. If the changes to the package holiday contract or the contract for the replacement package result in a package that is of lower quality or cost, the traveller is entitled to an appropriate price reduction. A price increase — no matter how small — may only be implemented if the organiser clearly and accurately informs the traveller on a durable medium, providing both the justification for the increase and the calculation method, at least twenty days before the start of the package. The price consists of: a) Enrolment fee or management fee. b) Participation fee: expressed in the catalogue or in the price of the package provided to the agency or traveller. c) Cost of any insurance policies against risks of cancellation and/or medical expenses, or any other services required. d) Costs for any visas and for entry or exit charges in the countries where the holiday takes place. The traveller is responsible for obtaining all necessary travel documents, including their passport, visas, and any required health certificates. Any damages arising from the absence of such documentation — including expenses due to trip interruption or repatriation — shall be borne by the traveller. e) Airport and/or port charges and taxes. In the event of a price decrease, the organiser is entitled to deduct the actual administrative and management expenses from the reimbursement owed to the traveller, and is required to provide evidence of such expenses at the request of the traveller.
8. Changes to the package holiday prior to departure
The organiser reserves the right to unilaterally amend the clauses of the contract prior to the start of the trip, provided that the change is of little importance; the unilateral change shall be communicated to the traveller in a clear and precise manner through durable means, such as e-mail. Any unilateral amendments to the clauses shall be governed by Article 40 of the TC, as referred to in Clause 8 above.
9. Traveller and organiser withdrawal prior to the start of the package
The traveller may withdraw from the package holiday contract at any time before the start of the package, subject to reimbursing the organiser for the expenses incurred. Such expenses must be appropriate and duly justified, and the organiser shall provide the traveller with an explanation of the amount upon request. The package holiday contract may set out reasonable standard withdrawal expenses, calculated based on the time of withdrawal from the contract and the expected cost savings and expected revenues resulting from the reallocation of the tourism services. If standard withdrawal expenses are not specified, the amount of the withdrawal expenses shall correspond to the package price minus the cost savings and revenue resulting from the reallocation of the tourism services. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and which have a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveller shall be entitled to withdraw from the contract, before the start of the package, without paying any withdrawal costs, and to the full reimbursement of the payments made for the package, but shall not be entitled to any additional compensation. In the case of contracts negotiated outside the commercial premises, the traveller has the right to withdraw from the package holiday contract within a period of five days from the date of conclusion of the contract or from the date on which they receive the contractual conditions and preliminary information if later, without penalty and without having to provide any reason. In cases of offers with rates significantly lower than the current offers, the right of withdrawal is excluded. In the latter case, the organiser shall document the price change, adequately highlighting the exclusion of the right of withdrawal. The organiser may withdraw from the package holiday contract and offer the traveller full reimbursement of the payments made for the package, but is not required to pay additional compensation, subject to the following conditions. The organiser withdraws from the contract for reasons not attributable to the traveller and in this case must refund all payments made by the latter within a period not exceeding 14 days from the withdrawal. The organiser is not required to pay any additional compensation to the traveller if the number of persons enrolled in the package is less than the minimum number specified in the contract and the organiser notifies the traveller of the withdrawal within the time specified in the contract, no later than: twenty days prior to commencement in the case of travel lasting more than six days; seven days for travel lasting between two and six days; forty-eight hours for travel lasting less than two days. The organiser may withdraw from the contract if it is unable to fulfil it due to unavoidable and extraordinary circumstances and, in this case, shall inform the traveller of the withdrawal without undue delay before the start of the package.
10. Traveller withdrawal during the trip
The traveller may withdraw from the package holiday contract once the trip has commenced, but may not seek reimbursement of the sums paid and will continue to be obligated to pay the outstanding amounts. If the withdrawal is due to an injury or illness of the traveller preventing them from continuing the trip, the organiser is obliged to provide the necessary assistance and, where appropriate, pay the difference between the planned services and the services actually provided, subject to deduction of duly justified cancellation expenses. In any case, all additional expenses caused by the withdrawal and, in particular, those of repatriation or transfer to the place of origin, shall be borne by the traveller, unless otherwise established in the contract for the sale of the package holiday.
11. Assignment of the package holiday contract to another traveller
The traveller may assign their booking, i.e. the package holiday contract, to a person who meets all the conditions for the use of the service, as set forth in the brochure, in the programme or in the package holiday offer, or in the contract itself. The assignment must be communicated to the organiser on a durable medium at least 7 days before the start date of the trip. The assignor and the assignee of the package holiday contract are jointly and severally responsible for payment of the balance of the price and any additional fees, taxes and other costs, including any administrative and management costs, resulting from such assignment. The organiser shall inform the assignor of the actual costs of the assignment, which cannot be unreasonable and shall not exceed the expenses actually incurred by the organiser as a result of the assignment of the package holiday contract, and shall provide the assignor with evidence of the fees, taxes or other additional costs resulting from the assignment of the contract.
12. Responsibilities of the Organiser and/or Retailer
The organiser is responsible for the performance of the tourism services provided for by the package holiday contract, while the retailer is responsible for the execution of the mandate conferred by the traveller through the travel agency contract. The organiser and the retailer have the above responsibilities, regardless of whether such tourism services are to be provided by them, their auxiliaries or agents when acting in the exercise of their duties, by third parties whose services they use or by other tourism service providers, pursuant to Article 1228 of the Italian Civil Code. The traveller shall promptly inform the organiser, either directly or through the retailer, of any non-conformity identified during the provision of a tourism service included in the package holiday contract, taking into account the circumstances of the case. Once such communication is received, the organiser undertakes to find an appropriate solution and, in any case, it is up to the organiser to prove that the defect does not exist or does not have the characteristics communicated. If the traveller fails to provide such notification in the appropriate time and form, he/she must prove the defects and will be liable for all damages caused or aggravated by their failure to provide notification. If one of the tourism services is not performed as agreed in the package holiday contract, the organiser shall remedy the non-conformity, unless this is impossible or excessively burdensome, taking into account the extent of the non-conformity and the value of the tourism services affected by the defect. If the Organiser does not remedy the defect, Article 43 of the TC shall apply. Subject to the exceptions above, if the organiser fails to remedy the non-conformity within a reasonable period set by the traveller based on the duration and features of the package, and provided that the defect has been promptly reported, the traveller can personally remedy the defect and seek reimbursement for necessary, reasonable and documented expenses. If the organiser refuses to remedy the non-conformity or it is necessary to remedy it immediately, the traveller does not need to specify a term. If a non-conformity constitutes a significant failure of the tourism services included in a package, and the organiser fails to remedy it within a reasonable period set by the traveller — taking into account the duration and features of the package — and the traveller has promptly raised the issue, the traveller may, at no cost, lawfully and with immediate effect terminate the package holiday contract or, where applicable, request a price reduction pursuant to Article 43 of the TC, without prejudice to any claim for damages. In the event of termination of the contract, if the package included the transport of passengers, the organiser will also repatriate the traveller with equivalent transport without undue delay and at no additional cost to the traveller. If it proves impossible to ensure the repatriation of the traveller as provided for in the contract due to unavoidable and extraordinary circumstances, the organiser will assume the cost of the necessary accommodation, if possible of an equivalent category, for a period of not more than three nights per traveller, unless a different period is established in EU passenger rights legislation. The cost limitation set out in the paragraph above does not apply to persons with disabilities or reduced mobility or those accompanying them, to pregnant women, to unaccompanied minors, or to people who need special medical care, if their particular needs have been notified to the organiser at least 48 hours before the start of the journey; the organiser may not invoke unavoidable and extraordinary circumstances to limit this liability if the transport provider cannot enforce the same circumstances under applicable European Union law. If, during the performance of the contract, circumstances not attributable to the organiser make it impossible to provide a substantial part — by value or quality — of the tourism services included in the package, the organiser shall, at no additional cost to the traveller, offer suitable alternative arrangements of equivalent or, where possible, higher quality than those specified in the contract, in order to enable the continuation of the package, including where the traveller’s return to the place of departure cannot take place as originally agreed. If the alternative solutions proposed involve a package of lower quality than that specified in the package holiday contract, the organiser shall grant the traveller an adequate price reduction. The traveller may only reject the proposed alternative solutions if they are not comparable to what was agreed in the package holiday contract or if the price reduction granted is inadequate. If alternative arrangements cannot be made or the traveller rejects the appropriate alternative arrangements, the traveller shall be granted a price reduction. In the event that the organiser fails to fulfil the obligation to offer suitable alternatives, the traveller may, at no additional cost, terminate the package holiday contract or, where applicable, request a price reduction pursuant to Article 43 of the TC, without prejudice to any claim for damages. Where, due to circumstances not attributable to the organiser, it is impossible to ensure the repatriation of the traveller as agreed in the package holiday contract, the organiser will bear the cost of the necessary accommodation, within the limits set out above. Notwithstanding all of the above, the organiser and the retailer are not liable for defects in the tourism package that are attributable to the traveller or to third parties not involved in the provision of the services set out in the package holiday contract or, in any case, which are caused by force majeure.
13. Limits of Compensation
Except in cases of personal injury or harm caused intentionally or through negligence, the organiser’s liability for compensation owed to the traveller is limited to a maximum of three times the total price of the package. The right to compensation shall be time-barred after three years, or after the longer limitation period applicable to personal injury claims under the provisions governing the services included in the package, starting from the date on which the traveller returns to the place of departure.
14. Obligation to provide assistance
The organiser shall provide assistance without delay to a traveller in difficulty by: (i) providing them with appropriate information regarding health services, local authorities and consular assistance; and (ii) helping them make distance communications and helping them find alternative tourism services. If the difficulty was caused intentionally by the traveller or through the traveller’s fault, the organiser may charge a reasonable cost for assistance, within the limits of the expenses actually incurred.
15. Protection in the event of insolvency or bankruptcy
TUI Spain S.L.U. is covered by a guarantee for the reimbursement of all sums paid and, if transport is included in the trip, for the repatriation of travellers in the event of insolvency of the company, as well as, if necessary, for the payment of meals and accommodation prior to the return journey. In particular, TUI Spain S.L.U. has taken out insolvency protection insurance with COMMERZBANK AKTIENGESELLSCHAFT, SUCURSAL EN ESPAÑA, branch 0001 of COMMERZBANK A.G, SUCURSAL EN ESPAÑA, based in Madrid, which may be contacted by regular mail at the following address: Paseo de la Castellana 259C, C.P [zip code]: 28046, Madrid (BIC: COBAESMXXXX), by telephone at 671 665 882, or by email at: Alfons.Worner@Commerzbank.com, the competent authority being the General Directorate of Tourism, with registered office at C/ Alcalá no. 26, C.P: 28014, Madrid. Telephone 012.
16. Applicable Law
This package holiday contract is governed by Spanish law.
17. Alternative Dispute Resolution
The organiser may offer the traveller alternative dispute resolution (ADR) procedures — as provided for under Legislative Decree No. 206/2005 (Consumer Code) — through information included in the catalogue, contractual documentation, the website, or other appropriate means. In this case, the organiser shall indicate the type of alternative resolution proposed and the effects that such participation entails. The right of the traveller to take legal action to protect their rights, in accordance with the Code of Civil Procedure and special laws, remains unaffected.
18. Communications
Except as provided in the clause below, the organiser may be contacted at the following addresses: a. postal address: Calle Mesena, 22, 2º izquierda, 28033 Madrid; b. email address: calidad@tuispain.com.
19. Privacy Policy
The personal data provided for the purpose of entering into and performing the contract will be processed in accordance with the applicable data protection legislation (Legislative Decree No. 196/2003 and EU Regulation No. 2016/679), as well as the confidentiality obligations to which TUI is bound. Any refusal to provide or allow the processing of personal data will make it impossible to enter into and subsequently perform the contract. For the management and fulfilment of the purposes of the contract, it may be necessary and mandatory to communicate the data to suppliers such as airlines, shipping companies, hotels and other service providers, who are obliged to process it only and exclusively for the fulfilment of the purposes of the contract. These providers may be located in countries requiring an international data transfer, including, where applicable, countries that do not ensure a level of data protection equivalent to that required by EU law; such transfers are therefore considered international data transfers expressly authorised by the data subject. The rights granted under applicable data protection legislation — including, for example, the right to access, rectify, or erase personal data, to restrict its processing, to data portability, and to lodge a complaint with a supervisory authority — may be exercised by contacting the data controller, TUI, in writing. - Letters should be sent to the following address: Calle Mesena, 22, 2º izquierda, 28033 Madrid; or - to the following email address: gdprdx@tui.com.
20. Mandatory communication pursuant to Article 17 of Law no. 38/2006
Italian law punishes criminal offences concerning prostitution and child pornography with imprisonment, even if committed abroad.
Standard information sheet for package holiday contracts where hyperlinks may be used The combination of tourism services being proposed constitutes a package under Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights that apply to packages. The Spanish company TUI Spain S.L.U. (Tax Identification Number: B-81001836), Avda. de Manoteras, 44 5º módulo B & D, 28050 Madrid (Spain), Telephone: +34 91 758 2828, (hereinafter, “TUI”) will be fully responsible for the correct execution of the package as a whole. In addition, as required by law, TUI has suitable insurance to cover the reimbursement of your payments and, if transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. For more information on your fundamental rights under Directive (EU) 2015/2302 see: https://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32015L2302&from=EN. By following the hyperlink the traveller will receive the following information: Fundamental rights under Directive (EU) 2015/2302
- Travellers will receive all essential package information prior to the conclusion of the package holiday contract.
- There is always at least one professional responsible for the proper provision of all tourism services included in the contract.
- Travellers are provided with an emergency telephone number or the information of a contact person through whom they can reach the organiser or travel agent.
- Travellers may transfer their package to another person by providing reasonable notice and may be required to pay any applicable additional charges.
- The price of the package can only be increased if specific costs (for example, fuel prices) increase and if expressly provided for in the contract and, in any case, no later than 20 days from the start of the package. If the price increase is greater than 8% of the package price, the traveller will be able to terminate the contract. If the organiser reserves the right to increase the price, the traveller is entitled to a price reduction if there is a decrease in the relevant costs.
- Travellers can terminate the contract without paying termination fees and obtain full reimbursement of payments if any of the essential aspects of the package, other than price, have changed substantially. If, before the start of the package, the professional responsible for the package cancels it, travellers shall be entitled to obtain a refund and, where appropriate, compensation.
- In exceptional circumstances, travellers may terminate the contract without paying termination fees prior to the start of the package, for example if there are serious security issues at the place of destination that may affect the package. – In addition, travellers may at any time, prior to the start of the package, terminate the contract upon payment of an appropriate and justifiable termination fee.
- If, after the start of the package, substantial elements of the package cannot be provided as agreed, suitable alternative solutions must be offered to the traveller, without a price surcharge. Travellers may terminate the contract without incurring termination fees if the services are not provided as agreed, significantly affecting the overall performance of the package, and the organiser has failed to remedy the issue.
- Travellers are also entitled to a price reduction and/or compensation for damages in the event of non-performance or non-conformity of the tourism services.
- The organiser is responsible for providing assistance if the traveller is in difficulty.
- If the organiser or, in some Member States, the retailer becomes insolvent, payments will be reimbursed. If the organiser or, if applicable, the retailer becomes insolvent after the start of the package and transport is included in the package, the repatriation of travellers is guaranteed. TUI has taken out insolvency insurance with COMMERZBANK AKTIENGESELLSCHAFT, SUCURSAL EN ESPAÑA, branch 0001 of COMMERZBANK A.G. SUCURSAL EN ESPAÑA, based in Madrid. Travellers may contact this entity (at: Paseo de la Castellana 259C, C.P: 28046, Madrid, BIC: COBAESMXXXX, by telephone at +34 671 665 882, or email at: Alfons.Worner@Commerzbank.com) or, if applicable, the competent authority (i.e. Comunidad de Madrid – Consejería de Cultura, Turismo y Deporte – Viceconsejería de Cultura, Turismo y Deporte – Dirección General de Turismo y Hostelería, C/ Alcalá nº 26, 28014, Madrid, tel. 012), if services are denied due to TUI’s insolvency. Directive (EU) 2015/2302 has been transposed into national legislation through Legislative Decree No. 62 of 21 May 2018: https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2018-06-06&atto.codiceRedazionale=18G00086&elenco30giorni=false