Non fulfillments and lacks of conformity
When during the holiday it is not possible to enjoy an essential part of it, the organizer shall:
- find adequate alternative solutions to continue the holiday and that do not represent extra costs for the consumer; or
- reimburse the consumer of the price difference between what foreseen and what really enjoyed; or
- organize for the consumer an advance return and reimburse the price difference, if no alternative solution is possible or the consumer does not accept it for a good reason.
In any case the organizer or the intermediary have to do all they can to solve the problem and let the consumer fully enjoy his holiday. They have the right to be reimbursed of the damage, if it has been caused by the consumer.
If the holiday is not in conformity with what expected and advertised ( i.e. the hotel is not as it should, hygienic problems, unavailable services…), the organizer and the intermediary are liable and shall reimburse the consumer of the damage, unless they can prove they are not responsible or it has been caused by force majeure.
Warning: the wrong estimations of the consumer about the holiday cannot be considered as non fulfilments of the organizer/intermediary.
The intermediary and the organizer are liable also for personal damages happened consequently because of the non or wrong fulfilment of the services object of the package holiday.
Extinction of the right to refund. The right to refund prescribes in a variable term ( one, two, three years) according to the type of damage ( baggage, person…).
Protection for “dynamic packaging”
The protection for the so called “dynamic packaging”, which are the result of a combination of the various parts of a trip ( flight, hotel, car rental…)created by the acquirer himself from one or different suppliers but paid in a single solution, is partially different.
The organizer in fact is not directly liable for the non fulfilment of the single services, but in a general sense if his conduct is faulty.
National guarantee fund for particular cases: the Tourism Code created at the Presidency of the Council of Ministers a National Guarantee Fund to reimburse consumers and to repatriate them if abroad, in case of bankrupt or failure of the seller or the organizer. It is also used to provide immediate economic availability in case of forced repatriation from extraEU countries in case of emergencies caused or not by the organizer. In case of dangers such as natural disasters or terrorist attacks the Ministry for Foreign Affairs intervenes.
The request for reimbursement has to be submitted to:
Presidenze del Consiglio dei Ministri
Presidenza del Consiglio dei Ministri
Dipartimento per lo sviluppo e la competitività del turismo
Via della Ferratella in Laterano, n. 51
The Fund, according to article 51, subparagraph 2 of the Tourism Code is financed only by a quote equal to 2% of the total amount of the compulsory insurances for the civil responsibility towards the consumer. This sum is around 200 000€ yearly, therefore the Fund intervenes within the limit of its funds. It is important, before buying a package holiday, to check the “health” of the organizer to avoid awful surprises.
Damage for ruined holiday. It is an extra damage which refers to the time uselessly spent and to the occasion lost. The organizer and the intermediary are liable.According to article 47 of the Tourism Code if the holiday can be considered ruined, the consumer has the right not only to be reimbursed of the non-enjoyed services and of material damages, but also of the moral damage deriving from the stress and frustration suffered. A trip should be in fact an occasion to relax and have fun.