GENERAL CONDITIONS OF CONTRACT OF SALE OF PACKAGE TOURS

Technical organization:

Sand Srl con sede in 25123 Brescia, via Branze n. 44

C.F./P.IVA 03401690981

phone 030 3776173 – e-mail: info@sandsrl.it

Administrative authorization:

Scia N. 0001835/14 protocollata il 10/01/2014

Liability insurance policy:

Nobis Insurance Policy No. 1505002533/V

Guarantees for tourists: the tourist package that is the subject of this contract of sale governed by these general conditions, is backed by a guarantee for the refund of the price paid for the purchase of the tourist package and the immediate return of the tourist, in cases of insolvency or bankruptcy of the intermediary Travel Agent or the organizer, in accordance with Article 47, paragraphs 1, 2, 3 D. Lgs 62/2018 according to the terms and conditions of the Happy Holidays Fund (Member Registration No. 1087).

It should be noted that the invoice will bè sent only upon the express request of the customer.

CONTENT OF THE CONTRACT OF SALE OF THE TOURIST PACKAGE

The description of the tourist package contained in the catalog, or in the separate travel program, as well aś the booking confirmation of the services requested by the traveler, constitute an integral part of the travel contract in addition to the general conditions that follow. It is sent by the tour operator to the traveler or to the travel agency, as the traveler’s agent, and the latter shall havè the right to receive it from the same.

In signing the proposal for the sale and purchase of a package tour, the traveler should bear in mind that it takes as read and accepted, for himself and for those for whom he requests the all-inclusive service, both the travel contract as governed therein, and the warnings contained therein, and these general conditions.

1. LEGISLATIVE SOURCES

   The sale of tourist packages, which have as their object services to be provided in both national and international territory, is governed by the Tourism Code, specifically Articles 32 to 51-novies for as amended by Legislative Decree May 21, 2018 No. 62, transposing and implementing EU Directive 2015/2302 as well aś by the provisions of the Civil Code on transportation and mandate, as applicable.

2. ADMINISTRATIVE REGIME

   1. The organizer and the intermediary of the tourist package, to whom the traveler turns, must be licensed to carry out their respective activities̀ according to current legislation, including regional or municipal, given the specific competence.

   2. The organizer and the intermediary shall disclose to third parties, prior to the conclusion of the contract, the details of the insurance policy covering risks arising from professional liabilitỳ civil liability, as well aś the details of the other optional or compulsory guarantee policies, for the protection of travelers to cover events that may affect the execution or performance of the vacation, such as cancellation of the trip or coverage of medical expenses, early return, loss or damage to luggage, as well aś the details of the guarantee against the risks of insolvency or bankruptcy of the organizer and the intermediary, each within its competence, for the purpose of the return of the sums paid or the return of the traveler to the placè of departure where the tourist package includes transportation service.

   3. Pursuant to Article 18, Paragraph VI of the Tourism Code, the use in the company name or name of the words “travel agency,” “tourism agency,” “tour operator,” “travel mediator,” or other words and phrases, including in foreign languages, of a similar nature, is allowed only to the licensed enterprises referred to in the first paragraph.

3. DEFINITIONS (Art. 33 CdT)

1. For the purposes of this contract:

   1. “tourist service.”

      1. the transportation of passengers;

      2. accommodation that is not an integral part of passenger transportation and is not intended for residential purposes, or for long-term language courses;

      3. the rental of cars, other motor vehicles pursuant to the Decree of the Minister of Infrastructure and Transportation April 28, 2008, published in the Official Gazette of the Italian Republic No. 162 of July 12, 2008, or motorcycles that require a category A driving license, pursuant to Legislative Decree No. 2 of January 16, 2013;

      4. any other tourist service that is not an integral part of one of the tourist services mentioned in (1), (2) or (3), and is not a financial or insurance service;

   2. “supplementary tourist service.”

      ancillary services such as, among others, the transport of luggage provided as part of passenger transportation; the use of paid parking spaces within stations or airports; the transport of passengers over short distances on sightseeing tours or transfers between an accommodation facility and a travel station by other means; the organization of entertainment̀ or sports activities; the provision of meals, drinks, and cleaning provided as part of the accommodation; the enjoyment

      of bicycles, skis, and other facilities of the accommodation or access to on-site facilities, such as swimming pools, beaches, gyms, saunas, health or spa centers, included for hotel guests; any other typical supplementary services also according to local practice;

   3. “Package” means the combination of at least two different types of tourist services for the purpose of the same trip or vacation, if at least one of the following conditions is met:

      1. such services are combined by a single professional, including at the request of the traveler or in accordance with the traveler’s selection, before a single contract is concluded for all services;

      2. such services, even if concluded under separate contracts with individual tourism service providers, are:

         1. purchased at a single point of sale and selected before the traveler consents to payment;

         2. offered, sold or invoiced at a flat or global price;

         3. Advertised or sold under the name “package” or similar name

         4. combined after the conclusion of a contract by which the professional allows the traveler to choose from a selection of different types of tourist services, or purchased from separate professionals through connected processes of booking by electronic means where the traveler’s name, payment details and e-mail address are transmitted by the professional with whom the first contract is concluded to one or morè professionals and the contract with the latter professional(s) is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service;

   4. “package tour contract” means the contract relating to the entire package or, if the package is provided under separate contracts, the set of contracts concerning the tourist services included in the package;

   5. “beginning of the package” means the beginning of the performance of the tourist services included in the package;

   6. “Connected tourist service” means at least two different types of tourist services purchased for the purpose of the same trip or vacation, which do not constitute a package, and which involve the conclusion of separate contracts with individual tourist service providers, if a professional facilitates, alternatively: 1) at the time of a single visit or a single contact with its point of sale, the separate selection and separate payment of each tourist service by travelers; 2) the targeted purchase of at least one additional tourist service from another professional when such purchase is concluded within 24 hours of the confirmation of the booking of the first tourist service;

   7. “Traveler” means any person who intends to enter into a contract, enters into a contract, or is authorized to travel under a concluded contract, within the scope of this paragraph;

   8. “professional” means any public or private natural or legal person who, as part of his or her̀ commercial, industrial, handicraft or professional activity acts, in contracts, including through another person acting in his or her name or on his or her behalf, as an organizer, seller, professional facilitator of related tourist services or provider of tourist services, within the meaning of the applicable regulations;

   9. “organizer” means a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmitsi traveler’s data to another professional in accordance with paragraph (c), number 2.4);

      1. “seller” means the professional other than the organizer who sells or offers for sale packages combined by an organizer;

      2. “Establishment” means the establishment defined in Article 8(1)(e) of Legislative Decree No. 59 of March 26, 2010;

      3. “Durable medium” means any instrument that allows the traveler or professional to store information that is personally addressed to him or her in such a way that it can be accessed in the future for a period of time appropriate to the purposes̀ for which it is intended and that allows for the identical reproduction of the stored information;

      4. “unavoidable and extraordinary circumstances” means a situation beyond the control of the party invoking such a situation and whose consequences would not have been avoided even by taking all reasonable measures;

      5. “Conformity defect̀” means a non-performance of the tourist services included in a package;

      6. “Minor” means a person younger than 18 years of agè;

      7. “point of sale” means any premises, mobile or immovable, used for retail sales or retail website or similar online sales tool, including where retail websites or online sales tools are presented to travelers as a single tool, including telephone service;

      8. “Return” means the return of the traveler to the place of departure or other place agreed upon by the contracting parties.

2. A combination of tourist services in which there are any of the types of tourist services referred to in subparagraph 1 (a) (1), (2) or (3) combined with one or morè of the tourist services referred to in subparagraph 1 (a) (4) is not a package tour if theseultimate services do not account for 25 percent or more of the value of the combination and are not advertised, nor are they otherwise an essential element of the combination, or are selected and purchased only after the commencement of the performance of a tourist service referred to in subparagraph 1(a), numbers 1), 2) or 3). Separate billing of the elements of the same package referred to in subparagraph 1 (b) does not exempt the organizer or seller from the obligations of this Chapter.

3. The purchase of one of the types of tourist services referred to in subsection (1)(a)(1), (2) or (3) with one or morè of the tourist services referred to in subsection (1)(a)(4) does not constitute a linked tourist service, if the latter services do not account for a significant portion equal to or greater than 25 percent of the combined value of the services and are not advertised as an essential element of the trip or vacation and do not, in any case, constitute an essential element of the trip or vacation.

4. NOTION OF TOURIST PACKAGE (ART.

   33(1)(4)(c CdT)

   1. Tourist package consists of the combination of at least two different types of tourist services such as:

      1. the transport of passengers

      2. accommodation that is not an integral part of passenger transportation and is not intended for residential purposes, or for long-term language courses;

      3. the rental of cars, other motor vehicles pursuant to the Ministerial Decree of April 28, 2008, or motorcycles that require a category A driver’s license, pursuant to Legislative Decree No. 2 of January 16, 2013;

      4. any other tourist service that is not an integral part of one of the tourist services in Nos. 1, 2, 3, and is not a financial or insurance service for the purpose of the same trip or vacation, if at least one of the following conditions is met:

   • These services are combined by a single professional, including at the request of the traveler or in accordance with a selection, before a single contract is concluded for all services;

   • These services, although concluded under separate contracts with individual providers, are:

   • purchased at a single point of sale and selected before the traveler consents to payment; – offered , sold or invoiced at a flat or global price; -advertisedor sold under the name “package” or similar name;

   • combined after the conclusion of a contract by which the professional allows the traveler to choose from a selection of different types of tourist services or purchased from separate professionals through related online booking processes where the traveler’s name, payment details and e-mail address are transmitted by the professional with whom the first contract is concluded to one or morè professionals and the contract with the latter professional(s) is concluded at the latest 24 hours after the confirmation of the booking of the first tourist service.

5. PRECONTRACTUAL INFORMATION TO THE TRAVELER TECHNICAL SCHEDULE (Art. 34 CdT)

   1. Before the conclusion of the package deal or a corresponding offer, the organiser, and if the package is sold through a seller, also this latter shall provide the traveller with the relevant standard information form referred to in Annex A, part I or part II of the “Tourism Code”, as well as the following information:

      1. The main features of tourist services, such as:

         • the destination or destinations of the journey, itinerary and periods of stay with dates thereof and, if accommodation is included, the number of nights included;

         • the means, characteristics and categories of transport, places, dates and times of departure and return, duration and location of intermediate stops and connections, if the time is not yet fixed, the organiser and, where appropriate, the seller, inform the traveler of the approximate time of departure and return; The name of the carrier that will carry out the/your flight/s in the times and with the modalities provided by art. 11 of Reg. CE 2111/2005 and its possible operating ban in the European Union is indicated on the confirmation sheet; any changes will be communicated to the traveller promptly, in compliance with Reg. CE 2111/2005. ;

         • the main location and characteristics and, where applicable, the tourist category of the accommodation according to the regulations of the country of destination;

         • The meals provided, whether or not included;

         • Excursions or other services included in the agreed package price;

         • i servizi turistici prestati al viaggiatore in quanto membro di un gruppo e, in tal caso, le dimensioni approssimative del gruppo;

         • the language in which services are provided;

         • if the trip or holiday is suitable for people with reduced mobility will be indicated in the catalogue or, for trips out of the catalogue, will be indicated following a request by the customer and, on request by the traveller, Precise information on the suitability of the trip or holiday taking into account the traveller’s needs

      2. the name and geographical address of the organiser and, where applicable, of the seller, their telephone numbers and e-mail addresses;

      3. the total price of the package including all taxes, fees and other additional costs, including any administrative and handling expenses, or, where these cannot reasonably be calculated or before the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;

      4. the payment arrangements, including any amount or percentage of the price to be paid on account and the timetable for the payment of the balance, or financial guarantees that the traveller is obliged to pay or provide;

      5. the minimum number of persons required for the package and the time limit referred to in Article 41, paragraph 5, letter a), before the start of the package for the possible termination of the contract if the number is not reached;

      6. general information concerning passport and/or visa requirements, including approximate time limits for obtaining visas and health formalities in the country of destination;

      7. information on the possibility for the traveller to withdraw from the contract at any time before the start of the package against payment of appropriate withdrawal fees or, if applicable, standard withdrawal fees required by the organiser pursuant to Art. 41 CdT;

      8. information on the optional or compulsory subscription of insurance covering the costs of unilateral withdrawal from the contract by the traveller or the assistance costs, including repatriation, in case of accident, illness or death;

      9. the details of the coverage referred to in article 47, paragraphs 1, 2, 3 D. Lgs 62/2018.

6. PURCHASE PROPOSAL – CONCLUSION OF THE PACKAGE TOUR (ART. 36 TBC)

   1. The proposal to buy a package tour must be written on a special contractual form, if electronic or, in any case, on a durable medium, filled in all its part and signed by the customer, who will receive a copy. The acceptance of the offer to purchase the package tour is understood as concluded, with the conclusion of the contract, only when the organizer will send confirmation, even by means of telematic system, to the traveller or to the Travel Agency, which will take care of delivery to the traveller. The information about the package tour not contained in the contractual documents, brochures or other written communication means will be provided by the organizer, in

      settle the fulfilment of the obligations provided for in art. 36, paragraph 8, C.T., before the start of the trip.

   2. Special requests regarding the delivery and execution of certain services included in the package, including the need for assistance at the airport for persons with reduced mobility, the request for special meals on board or at the place of stay, must be made at the time of booking and be subject to a specific agreement between Traveller and Organiser, through the agent travel agency.

   3. In the case of contracts negotiated outside business premises, the traveller has a right to withdraw from the package tour within five days of the date of conclusion of the contract or the date on which he receives the contractual conditions and prior information if later, without penalty and without giving any reasons. In the case of offers with significantly lower prices than current offers, the right of withdrawal is excluded. In the latter case, the organizer documents the price change by adequately highlighting the exclusion of the right of withdrawal (art. 41, paragraph 7, CDT).

7. ‌PAYMENTS

   1. When signing the offer to purchase the package tour, you must pay:

      1. the individual flat-rate fee for practical management (see Art. 8 CGC)

      2. the advance payment on the price of the package published in the catalogue or in the quotation provided by the Organisation. This amount is paid as a deposit and advance price. During the period of validity of the offer to buy and therefore before the confirmation of reservation that constitutes, pursuant to art. 1326 cod.civ. , completion of the contract, the effects referred to in art.1385 cod. civ. They do not occur if the withdrawal is due to an unimputable event.

   2. The balance must be paid at least 30 days before the planned departure, or in conjunction with the signature of the purchase proposal if this is made within 30 days prior to departure.

   3. The failure of the traveller to pay the above sums or the failure of the agency, acting as the traveller’s agent, to pay them to the organiser on the dates specified constitutes a termination clause which may be determined, the legal resolution, to be communicated by simple written communication, via fax or e-mail, or at the address also electronic, if communicated, of the traveler and subject to any warranty actions ex art. 47 D.lgs. 79/2011 with consequent application of the penalties provided for by art. 10.6 CGC.

8. ‌PRICE (Art. 39 CdT)

   1. The price of packages listed in the catalogue is expressed in euro. It is determined in the contract, with reference to what is indicated in the catalogue or on the website of the organizer, or out-of-catalogue/tailor-made program and any updates of the same catalogues or out-of-catalogue programs that have occurred subsequently, or on the operator’s website. It may be modified up to 21 days before departure and only as a result of changes/additions to:

      • the price of carriage in relation to the cost of fuel or other energy sources;

      • the level of fees and charges for the tourist services included in the contract imposed by third parties not directly involved in the execution of the package, including landing or boarding fees at ports and airports;

        • Exchange rates applied to the package in question.

          For such variations, reference will be made to the exchange rate and prices in force on the date of publication of the program, as shown in the technical sheet of the catalog, or the tailor-made travel proposal, or as of the date shown in any updates published on the website. In the event of a price decrease, the organiser is entitled to deduct the administrative and handling costs incurred from the reimbursement due to the traveller, for which he must provide proof upon request by the traveller.

   2. The price of the package consists of:

   1. Registration fee or practical management fee

   2. quota di partecipazione: espressa nel catalogo (partytrip.it – connectviaggi.com – barrakud.com) o nella quotazione del pacchetto off-catalogue/tailor-made fornito al l’intermediario o al viaggiatore;

   3. port or airport taxes and charges;

   4. cost of any insurance policies against cancellation risks and or medical expenses or other services required;

   5. The cost of any visas and entry and exit fees from the destination countries.

9. CHANGE OR CANCELLATION OF THE PACKAGE TOUR BEFORE DEPARTURE BY THE ORGANISER

1. The Organiser reserves the right to unilaterally modify the terms of the contract, other than the price, if the modification is of minor importance. The communication shall be made, without undue delay, in a clear and precise manner by e-mail or otherwise through a durable medium such as electronic mail.

2. If the organiser is obliged to significantly modify one or more of the main features of the tourist services referred to in art. 34 paragraph 1 letter

   1. CdT can either not meet the specific requests made by the traveler and accepted by the organizer or proposes to increase the price of the package by more than 8%, the traveler can accept the proposed change or withdraw from the contract without paying any penalty.

3. In the event of cancellation, the organiser may offer the traveller a replacement package of equivalent or higher quality.

4. The organiser shall inform the traveller without undue delay in a clear and precise manner by e-mail or otherwise on a durable medium of the proposed changes and their impact on the price of the package.

5. The traveller shall inform the organiser or intermediary of his decision within two working days from receipt of the change notification. If the proposal is not communicated within this period, the proposal made by the organiser will be rejected.

6. If the changes to the package travel contract or the replacement package referred to in paragraph 2 result in a lower quality or cost package, the traveller is entitled to an appropriate price reduction.

7. In the event of withdrawal from the package holiday contract pursuant to paragraph 2, and if the traveller does not accept a replacement package, the organiser reimburses without undue delay and in any case within 14 days of withdrawal from the contract all payments made by or on behalf of the traveller and is entitled to compensation for non-performance of the contract, except in the following cases:

   1. non è previsto alcun indennizzo per l’annullamento del pacchetto qualora l’annullamento sia dovuto al mancato raggiungimento del numero minimo di partecipanti, se presente;

   2. non è dovuto alcun risarcimento per la cancellazione del pacchetto se l’organizzatore dimostra che la mancanza di conformità è imputabile a cause di forza maggiore e circostanze imprevedibili;

   3. No compensation is also provided for in the event of cancellation of the package when the organiser demonstrates that the lack of conformity is attributable to the traveller or a third party not involved in the provision of the services included in the package travel contract and is unpredictable or unavoidable.

8. For cancellations other than those referred to in paragraph 7 letters a), b) and c), the organizer that cancels will return to the traveler an amount equal to twice what he paid and actually collected by the organizer through the travel agent.

9. The sum to be refunded will never exceed twice the amounts owed by the traveller on the same date as provided for in art. 10.6 “Cancellation penalty” if he was to cancel.

10. WITHDRAWAL OF THE TRAVELLER (Art. 41 CdT)

    1. If the organiser is obliged to significantly modify one or more of the main features of the tourist services referred to in art. 34 paragraph 1 letter

       1. CDT, or cannot meet the specific requests made by the traveler and accepted by the organizer or proposes to increase the price of the package by more than 8%, the traveler can withdraw from the contract without paying any penalty. In the above cases, the traveller may:

          1. accept the alternative proposal if made by the organizer

          2. Request the return of sums already paid.

          This return must be made within 14 days of the withdrawal from the contract.

    2. In the case of unavoidable and extraordinary circumstances occurring at or near the place of destination which have a substantial impact on the execution of the package or on the transport of passengers to the destination, the traveller has the right to withdraw from the contract before the start of the package, without paying any cancellation fees and to be fully reimbursed for the payments made for the package, but he is not entitled to additional compensation.

    3. The organiser may withdraw from the package holiday contract and offer the traveller full reimbursement of payments made for the package holiday, but is not obliged to pay additional compensation if:

       1. the number of persons registered for the package is less than the minimum stipulated in the contract and the organiser shall inform the traveller of the cancellation of the contract within the period fixed in the contract and in any case no later than twenty days before the start of the package in the case of Trips lasting more than six days, seven days before the start of the package in the case of journeys lasting between two and six days, forty-eight hours before the start of the package in the case of journeys lasting less than two days;

       2. the organiser is unable to fulfil the contract due to unavoidable and extraordinary circumstances and informs the traveller of the cancellation without undue delay before the start of the package.

    4. The organiser shall reimburse all the amounts referred to in paragraph 2 without undue delay and in any case within 14 days of withdrawal. In these cases, the functionally related contracts with third parties are terminated.

    5. For package travel contracts concluded online, the traveller has the right to withdraw from the package travel contract within a period of five days after the date of conclusion of the contract as provided for in art. 6 of these general conditions of sale, without penalty and without giving any reason. This provision does not apply to Connect packages and, in general, to the packages concluded on line 30gg. earlier or later than the departure date indicated in the package tour chosen. In such cases, the traveller who withdraws within a period of less than 30 days. before the departure date indicated in the tourist package chosen will be applied a penalty equal to 100% of the participation fee, as provided for in the following paragraph 6, lett. A),

       B) and C).”

    6. ‌To the traveller who rescinds the contract before departure, outside the cases listed in paragraph 1 of this article or those provided for in art. 9.2, will be charged – regardless of the payment of the deposit referred to in art. 7, paragraph 1, read. b) – the individual cost of practice management and any insurance cover already claimed at the time of conclusion of the contract or for other services already rendered, as well as the penalty in the amount indicated below, Except any more restrictive conditions – related to periods of high season or full occupancy of the facilities – which will be communicated to the traveler during the quotation phase and therefore before the conclusion of the contract:

       1. For all package tours except the tourist products listed in points B and C of this article:

          • 25% of the participation fee up to 30 calendar days before departure;

          • 100% of the participation fee after these deadlines. Some services may be subject to penalties other than those listed above, which will be communicated from time to time during the booking process.

       2. For the Lemonade tourist products of the Summer and Winter catalogues:

          • 100,00€ up to 75 calendar days before departure;

          • 200,00€ up to 31 calendar days before departure;

          • 100% of the participation fee after these deadlines. Some services may be subject to penalties other than those listed above, which will be communicated from time to time during the booking process.

       3. For Connect tourism products:

       • 25% of the participation fee up to 61 calendar days before departure;

       • 50% of the participation fee up to 31 calendar days before departure;

       • 100% della quota di partecipazione dopo tali termini. Alcuni servizi possono essere soggetti a penali diverse da quelle sopra elencate, che saranno comunicate di volta in volta durante il processo di prenotazione.

    7. The non-imputability to the traveler of the impossibility to use the holiday does not legitimate the withdrawal without penalty, provided by law only for the objective circumstances found at the destination of the holiday referred to in paragraph 2 or for the cases referred to in paragraph 1, The possibility of guaranteeing against the economic risk associated with cancellation of the contract, by drawing up a special insurance policy, where not provided in mandatory form by the organizer.

    8. The above percentage of penalty is not applicable to journeys that include use of scheduled flights at special rates. In these cases the conditions for cancellation penalties are deregulated and much more restrictive and are previously indicated at the quotation of the travel package.

11. CHANGES BEFORE DEPARTURE BY THE PASSENGER

    1. Changes requested by the traveller to already accepted reservations do not oblige the organiser in cases where they cannot be fulfilled.

    2. In any case, any request for modification may result in a charge to the customer that will be communicated at the time of the request for modification by the traveler.

    3. The decrease in the number of passengers within a case is to be understood as “partial cancellation” (see art. 10 “Withdrawal of the Traveller“).

    4. In case of multiple changes requested at the same time, only the higher amount penalty is applied.

12. LIABILITY OF THE ORGANISER FOR INCORRECT EXECUTION AND IMPOSSIBILITY OF EXECUTION – OBLIGATIONS OF THE TRAVELLER – TIMELINESS OF THE DISPUTE

    1. The organiser is responsible for the performance of the tourist services provided under the package travel contract, irrespective of whether these tourist services are to be provided by the organiser, by its auxiliaries or officials when acting in the exercise of their functions, by third parties whose work it uses or by other suppliers of tourist services within the meaning of Article 1228 C.C.

    2. The traveller, in compliance with the obligations of fairness and good faith as laid down in articles 1175 and 1375 C.C., informs the organiser, directly or through the seller, promptly, taking into account the circumstances of the case, any defects of conformity detected during the performance of a tourist service provided for in the contract of sale of the tourist package.

    3. If any of the services is not performed in accordance with the terms of the package travel contract, the organiser shall remedy the lack of conformity, unless this is impossible or excessively costly, taking into account the extent of the lack of conformity and the value of the tourist services affected by the lack. If the organiser does not remedy the defect, the traveller is entitled to a reduction of the price and compensation for the damage he has suffered as a result of the lack of conformity , unless the organiser proves that the lack of conformity is attributable to the traveller or a third party not involved in the provision of the tourist services or is unavoidable or unforeseeable due to extraordinary and unavoidable circumstances.

    4. Subject to the above exceptions, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller with the contestation made pursuant to paragraph 2, he or she may himself remedy the defect and claim reimbursement of the necessary, reasonable and documented expenses; if the organiser refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, there is no need for the traveller to specify a time limit.

    5. If a defect of conformity , pursuant to article 1455 c.c., constitutes a significant breach of the tourist services included in a package and the organiser has not remedied it within a reasonable period set by the traveller in relation to the duration and characteristics of the package, with the dispute made pursuant to paragraph 2, the traveller may , without charge, terminate the package tour contract automatically and immediately or, if applicable, request a price reduction pursuant to Article 43 D.lgs. 62/2018, However, the possible compensation for damages shall be excluded. In the event of termination of the contract, if the package included the carriage of passengers, the organiser shall also arrange for the return of the traveller with an equivalent carriage without undue delay and without additional costs to the traveller.

    6. Where it is impossible to ensure the return of the traveller, the organiser shall bear the costs of the necessary accommodation, if possible of a category equivalent to that provided for in the contract, for a period not exceeding three nights per passenger or the longer period provided for by European Union legislation on passengers’ rights applicable to the relevant means of transport.

    7. The limitation of costs referred to in paragraph 6 shall not apply to persons with reduced mobility, as defined by Article 2, paragraph 1, letter a), of Regulation (EC) No. 1107/2006 and their accompanying persons, to pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that the organiser has received notice of their special needs at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit liability under this subparagraph where the transport service provider cannot rely on the same circumstances under applicable EU law.

    8. If, due to circumstances not attributable to the organiser, it is impossible to provide a substantial part of the combination of the tourist services agreed in the package tour contract during the course of the execution, either in terms of value or quality, without a price surcharge to be borne by the traveller, suitable quality alternative solutions , where

       possible equivalent or higher, than those specified in the contract, so that the package can continue to be performed, including the possibility that the traveller’s return to the place of departure is not provided as agreed. If the alternative arrangements proposed result in a package of lower quality than that specified in the package travel contract, the organiser shall grant the traveller an appropriate price reduction.

    9. The traveller may reject the proposed alternative solutions only if they are not comparable to what was agreed in the package travel contract or if the price reduction granted is inadequate.

    10. If it is impossible to provide alternative solutions or the traveller rejects the proposed alternative solutions, in accordance with paragraph 8, the traveller shall be granted a price reduction. In the event of failure to fulfil the obligation to submit a bid under paragraph 8, paragraph 5 shall apply.

    11. If, due to circumstances not attributable to the organiser, it is impossible to ensure the return of the traveller as agreed in the package tour contract, paragraphs 6 and 7 apply.

13. SUBSTITUTION AND PRACTICAL VARIATION

    1. Any variation requested by the consumer after confirmation by Sand s.r.l. of all services included in the package, entails the charge to the consumer an additional fee called “Expenses practical variation” corresponding to Euro 20,00 total, per transaction.

    2. Il viaggiatore a seguito di preavviso dato all’organizzatore su un supporto durevole entro e non oltre sette giorni prima dell’inizio del pacchetto, può̀ cedere il contratto di pacchetto turistico a una persona che soddisfa tutte le condizioni per la fruizione del servizio.

    3. The transferor and the transferee of the package travel contract are jointly and severally liable for payment of the balance of the price and any additional fees, taxes and other costs, including any administrative and management costs incurred in connection with such a transfer.

    4. The organiser shall inform the transferor of the actual costs of the transfer, which do not exceed the expenses actually incurred by the organiser as a result of the transfer of the package travel contract, and provide proof of the rights, taxes or other additional costs arising from the assignment of the contract. In the case of a contract for air travel for which a discounted or non-refundable ticket has been issued, the transfer may result in the issuance of a new air ticket at the rate available on the date of the transfer.

14. OBLIGATIONS OF TRAVELLERS

    1. Notwithstanding the obligation to promptly notify of the lack of conformity, as provided for in art. Commas 2 and 5, travellers must comply with the following obligations. Travellers are obliged to inform the intermediary and the organiser of their nationality if different from that of Italy, they must be accompanied by an individual passport or other document valid for all the countries affected by the itinerary, and any residence and transit visas and health certificates required. Foreign nationals will find the corresponding information through their diplomatic representations in Italy and/ or the respective official government channels. Tourists must also comply with the rules of normal prudence and diligence and those specific in force in the countries of destination of the trip, all information provided to them by the organizer, as well as the regulations and administrative or legislative provisions relating to the package tour.

    2. Travellers will be held liable for any damages the organiser may suffer as a result of their failure to comply with the above obligations, including repatriation costs. The traveller is obliged to provide all documents to the organiser, the information and evidence in its possession which is relevant to the exercise of the right of subrogation by the latter vis-à-vis third parties liable for the damage and is liable towards the organiser for any prejudice caused to the right of subrogation. The traveller will also inform the organiser in writing, at the time of booking, of any particular personal requests that may be the subject of specific arrangements for the travel, if possible. The traveller is always obliged to inform, before the conclusion of the contract, the intermediary and the organiser of any special needs or conditions (pregnancy, food intolerances, disabilities, etc.) by signing the consent to the processing of sensitive data, and explicitly specify the request for related personalized services.

    3. Without such consent, it will not be possible to fulfil the contractual obligations. Special requests made after the conclusion of the contract do not bind the Organiser to its implementation, remaining the contract already concluded as shown in the statement.

    4. In any case, tourists before departure will check with the competent authorities (for Italian citizens local police or the Ministry of Foreign Affairs via www.viaggiaresicuri.it website or the Central Telephone Operating Number 06.491115) general official information about the country of destination – including those concerning the socio-political security situation, health, weather and climate and documents required for access to Italian citizens.
       http://www.viaggiaresicuri.it/

    5. Since these data are subject to changes and updates the traveller will provide – consulting these sources

       -to verify the wording officially expressed before proceeding with the purchase of the travel package. In the absence of such verification or in case of error, no responsibility for the non-departure of one or more tourists may be attributed to the intermediary or the organizer.

    6. The above information is not contained in the catalogues of T.O. – online or paper – since they contain descriptive information of general nature for as indicated in art. 38 of the CDT and because they are time-sensitive. The same must therefore be taken by the Tourists, with express exemption from any responsibility of the Organizer and removed and renounced as of now any exception and/ or claim against it. 7. If on the date of booking the destination chosen was, from the institutional information channels, a location subject to warning (special notice) for

    For reasons of safety, the Traveller who subsequently exercises the withdrawal may not invoke, for the purposes of exemption or reduction of the claim for compensation for the withdrawal made, the termination of the contractual action relating to the security conditions of the country.

15. HOTEL CLASSIFICATION

    The official classification of hotel structures is provided in a catalogue or other information material only on the basis of express and formal indications from the competent authorities of the country where the service is provided. In the absence of official classifications recognized by the competent public authorities of the EU countries also covered by the service, the organiser reserves the right to provide in the catalogue or out of catalog/ made-to-measure proposal or on the reference website its own description of the accommodation, such as to allow an evaluation and subsequent acceptance by the tourist.

16. LIABILITY OF THE ORGANISER

    The organiser is liable for damages caused to the traveller by the total or partial non-performance of the services due under the contract, whether performed by him personally or by third party service providers, unless it proves that the event is the result of a fact on the part of the traveller (including actions taken by the traveller himself during the performance of the tourist services) or of circumstances unrelated to the provision of the services provided under the contract, by unforeseeable circumstances, force majeure or circumstances which the organiser could not reasonably have expected or resolved in accordance with professional diligence. The intermediary through whom the package booking was made is not liable for any obligations arising from the travel arrangements, but is solely responsible for the obligations arising from its role as intermediary and for the execution of the mandate given to it by the traveler, as specifically provided for in art. 50 of the Tourism Code including the warranty obligations referred to in art. 47.

17. LIMITS OF COMPENSATION AND LIMITATION

    1. The compensation of damage resulting from the failure or incorrect performance of the service constituting the package and related limitation periods are governed by art. 43 –

       46 of the CdT and in any case within the limits established by the International Conventions governing the services that are the subject of the tourist package as well as articles 1783 and 1784 c.c., except for personal damages not subject to a fixed limit.

    2. Without prejudice to Article 46 and the effects of Articles 51-bis and 51-ter CdT, the right to a price reduction or compensation for damages for changes in the package travel contract or the replacement package, shall be limited to two years from the date of return of the traveller to the place of departure.

    3. The right to compensation for personal injury shall be limited to three years from the date of return of the traveller to the place of departure or to the longer period provided for in the provisions governing services included in package.

18. OBLIGATION TO PROVIDE ASSISTANCE

    1. The organiser shall provide appropriate assistance to the traveller in difficulty without delay, even in the circumstances referred to in article 42, paragraph 7, of the CPR, in particular by providing appropriate information regarding health services, local authorities and consular assistance, and assisting the traveller in making distance communications and helping him to find alternative tourist services.

    2. The organiser may claim payment of a reasonable cost for such assistance where the problem is caused intentionally or through fault of the traveller within the limits of the expenses actually incurred.

19. POSSIBILITY OF CONTACTING THE ORGANISER THROUGH THE SELLER – COMPLAINTS

    1. The traveller may address messages, requests or complaints relating to the execution of the package directly to the seller through whom he has purchased it, who in turn forwards them promptly to the organiser.

    2. For the purposes of compliance with the limitation periods, the date on which the seller receives messages, requests or complaints referred to in the previous paragraph is also considered as the date of receipt by the organizer.

20. INSURANCE AGAINST CANCELLATION COSTS

    If not expressly included in the price, it is possible and advisable to conclude special insurance policies at the time of booking to cover the withdrawal costs (always due except for the specific exceptions provided by the Code of Tourism) as per art. 10.6 and 10.7, as well as those resulting from accidents and/or diseases that also cover the costs of repatriation and loss and/or damage to baggage. The rights arising from insurance contracts must be exercised by the traveller directly towards the insurance companies, under the conditions and in the manner provided for in the policies themselves, paying attention to: in particular, the time limits for opening the claim, deductible allowances, limitations and exclusions. The insurance contract between the traveller and the insurer has legal force between the parties and is effective between the traveller and the insurer pursuant to Art. 1905 c.c. Travellers, at the time of booking, must inform the seller of any specific needs or problems for which it would be necessary and/ or appropriate to issue policies other than those proposed by the organizer or included in the price of the package.

21. PROTECTION OF THE PASSENGER (Art. 47 CoT)

    1. The organiser and seller established in the national territory are covered by a contract of insurance for civil liability to the benefit of the traveller for damages

       arising from the breach of their respective obligations under their contracts.

    2. The contracts of organization of package tour are assisted by insurance policies or bank guarantees or issued by the funds referred to in paragraph 3 of art. 47 of the CoT, which, for travel abroad and within a single country, including travel in Italy, in cases of insolvency or bankruptcy of the organizer or seller guarantee, without delay at the request of the traveler, the reimbursement of the price paid for the purchase of the package and the immediate return of the traveller in case the package includes the passenger’s transport, as well as , if necessary, payment of meals and accommodation before the return. The guarantee is effective, adjusted to the volume of business and covers reasonably foreseeable costs, amounts of payments made by or on behalf of travellers in relation to packages, taking into account the length of time between the payments and the final balance, the completion of the packages and the estimated cost of repatriation in case of insolvency or bankruptcy of the organiser or seller.

    3. Travellers are protected in the event of insolvency or bankruptcy of the organiser or seller, regardless of their place of residence, from the place of departure or the place where the package is sold and irrespective of the Member State in which the entity providing protection against insolvency or bankruptcy is established.

    4. In the cases provided for by paragraph 2, as an alternative to reimbursement of the price or immediate return, the traveller may be offered the continuation of the package according to the procedures set out in articles 40 and 42 T&C.

22. OPERATIONAL CHANGES

    Given the long lead time taken by catalogues containing information on how to use the services, Please note that the flight times and routes indicated in the acceptance of the service purchase offer may be subject to change as they are subject to subsequent validation. To this end, the traveller must ask for confirmation of services from their agency before departure. The organiser will inform passengers about the identity of the actual carrier in time and in accordance with the procedures provided for by art. 11 of Reg. EC 2111/2005. (referred to in art.5).

23. MANDATORY DISCLOSURE PURSUANT TO ARTICLE 17 OF LAW N. 38/2006.

“Italian law punishes with imprisonment the offences concerning prostitution and child pornography, even if committed abroad”. ADDENDUM

GENERAL CONDITIONS OF CONTRACT FOR THE SALE OF INDIVIDUAL TOURIST SERVICES

1. LEGAL PROVISIONS

   Contracts that have as their object the offer of only the transport service, only the stay service or any other separate tourist service, not being able to be configured as a negotiation case of travel organization or package tour, They do not enjoy the protection provided by the Tourism Code and the contractual conditions of the individual supplier will apply, but are governed by the following provisions of the CCV (International Convention of Brussels of 23.04.1970 on the Travel Contract ratified by

   L. no. 1084/1977): art. 1, n. 3 and n. 6; art. 17 to 23; art. 24 to 31 (limited to those parts of these provisions which do not refer to the contract of organisation) as well as by other agreements specifically relating to the sale of the individual service covered by the contract. The seller who undertakes to procure a disaggregated tourist service for third parties, including by electronic means, shall be obliged to issue documents relating to this service to the tourist, that show the amount paid for the service and can not be considered as a travel organiser.

2. Contract Conditions

The following clauses of the general conditions of contract for sale of tourist packages are also applicable to such contracts: art. 6 “Proposal of purchase – Conclusion of the package tour”; art. 7 “Payments”; art. 10 “Withdrawal of the Traveller”; art. 19 “Possibility of contacting the organiser through the seller – Complaints or complaints”. The application of these clauses does not in any way determine the configuration of the related services as a case of package tour. The terminology of the clauses relating to the package travel contract (organiser, trip, etc.) must therefore be understood as referring to the corresponding figures in the sales contract for individual tourist services (seller, stay, etc.).