GENERAL TERMS & CONDITIONS FOR THE SALE OF TRAVEL PACKAGES
These General Terms and Conditions of Sale (hereafter, Terms and Conditions) constitute an integral part of the travel contract concluded between the Tourist (hereafter, the Traveller) and Italy Bespoke Tours Srls, acting as a Travel Agency and Tour Operator (hereafter, Italy Bespoke Tours). These Terms and Conditions govern the offer and the sale of services and Travel Packages, as defined in Article 3 below, available on the website www.italybespoketours.com, as well as the presentation and description of the Travel Packages contained in the catalogue (online or hard copy), the separate travel programme, and the booking confirmation of the services requested by the Traveller.
By signing the sales contract offer for the Travel Package, or by making a deposit or full payment for the Travel Package, the Traveller acknowledges having read and accepted both the travel contract and the warnings contained herein, as well as these Terms and Conditions and relevant annexes, for himself and for the parties for whom he requests the services or the Travel Package. Italy Bespoke Tours, as the Organiser and Seller Agency of travel packages, notifies the Traveller that it is empowered to execute its respective activities in accordance with the legislation in force.
The Traveller may, at any moment and in any case before the conclusion of the Travel Package contract, review all information pertaining to Italy Bespoke Tours Srls, as reported below:
Italy Bespoke Tours: Registered Office: Via dei Mille, 13 – Como (CO), Place of Business: Via Antonio Gramsci 5 – 20826 Misinto (MB), Business/VAT Identification Number: 04005400132 – Registered at the Companies’ Register of Como REA n. CO-413031.
To guarantee its obligations towards the Traveller, Italy Bespoke Tours Srls has stipulated, pursuant to Article 4 of the Code on Tourism (Legislative Decree no. 79/2011), a policy concerning Professional Indemnity Insurance with Nobis Assicurazioni S.p.A. n. 202505812 for a maximum of €2,100,000.00. Additionally, Italy Bespoke Tours Srls adheres to the Guarantee Fund established by A.I.A.V. (Italian Association of Travel Agents) through SECURE TRAVEL S.r.l., ensuring the Traveller is protected and entitled to a refund of all sums paid or repatriation in the event of insolvency or bankruptcy of the Organiser or the Seller.
The Traveller can contact Italy Bespoke Tours through the following means: phone number +39 351 339 9365, email: info@italybespoketours.com, PEC address: italybespoketours@pec.it, or via the website www.italybespoketours.comthrough the “Contact” section, accessible at the top right corner of the Home Page. By filling in the appropriate form and clicking on the “Send Request” button, the Traveller can submit inquiries or requests.
With these Terms and Conditions, Italy Bespoke Tours sells, and the Traveller purchases at a distance, the Travel Package. The sales contract between Italy Bespoke Tours and the Traveller is concluded exclusively through the Internet by completing the appropriate confirmation procedure, which is finalized when the Traveller places an online order. The Traveller undertakes to review, before proceeding with the confirmation of the purchase order (Booking Confirmation), the Terms and Conditions, the pre-contractual information provided by Italy Bespoke Tours, and the Privacy Policy. The Traveller must accept these documents by ticking the appropriately labeled box. Failure to accept these Terms and Conditions makes the purchase of the Travel Package impossible.
Italy Bespoke Tours may modify these Terms and Conditions at any time, and any changes will take effect from the moment of their publication in the “Terms and Conditions” section of the Website. The Traveller is therefore encouraged to regularly access the Website and/or his personal area to review the latest version of the Terms and Conditions. The languages in which the Traveller can contact Italy Bespoke Tours, review the Travel Packages and related information, and register, book, and conclude the contract are Italian and English.
1. LEGAL SOURCES
1.1 This contract for the sale of a Travel Package shall be governed not only by these Terms and Conditions but also by any additional conditions contained in brochures, pamphlets, catalogues, and other documentation provided by the Organiser to the Traveller.
1.2 This contract is further regulated by all applicable Italian laws concerning consumer protection, including EU Directive 90/314, EU Directive 2015/2302, and Legislative Decree No. 206 of 6 September 2005 (Consumer Code). It is also governed by the Code of State Legislation on tourism regulation (Legislative Decree No. 79 of 23 May 2011, as amended by Legislative Decree No. 62 of 21 May 2018, hereafter the "Code on Tourism - CT"). Where applicable, provisions of the Civil Code concerning transportation, service contracts, mandates, and the Navigation Code (Royal Decree No. 327 of 30 March 1942) shall also apply. Furthermore, Legislative Decree 70/2003 concerning electronic commerce, as well as national and international laws governing individual services within the Travel Package, shall be applicable.
1.3 The clauses of these Terms and Conditions shall be considered independent from one another. The total or partial invalidity of any single clause or paragraph shall not affect the validity of any other clause or paragraph within these Terms and Conditions.
1.4 Contracts entered into between Italy Bespoke Tours Srls and the Traveller for the purchase of Travel Packages offered on the Website shall be governed by Italian law. Specifically, the provisions on electronic commerce under the Consumer Code (Legislative Decree 206/2005, Articles 45-68) and Legislative Decree 70/2003 shall apply, as well as the provisions set out in the Code on Tourism (Legislative Decree 79/2011 and its amendments, Articles 32-51 novies), as modified by Legislative Decree 62/2018, implementing EU Directive 2015/2302 and subsequent amendments.
1.5 The Traveller’s right of withdrawal from the Package Travel Contract is regulated by Article 9 of these Terms and Conditions.
1.6 The Travel Agency, duly licensed, acts as an intermediary pursuant to Article 33, paragraph 1 of the Code on Tourism and must issue to the Traveller, pursuant to Article 35 of the Code on Tourism, a copy of the contract.
2. DEFINITIONS (Article 33 CT)
For the purposes of this agreement, the following definitions apply:
3. DEFINITION OF TRAVEL PACKAGE (Article 33, para. 1, n. 4, letter c CT)
A Travel Package is defined as the combination of at least two different types of travel services for the same trip, holiday, or cruise. Travel services include:
3.1 The services are combined by a single Professional, even at the Traveller’s request, before the conclusion of a sole contract for all services.
3.2 The services, even if contracted separately with different service providers, are:
4. PRE-CONTRACTUAL INFORMATION SENT TO THE TRAVELLER (ART. 34 CT)
Before concluding the package travel contract or making a corresponding offer, the Organiser and, if applicable, the seller, shall provide the Traveller with the relevant standard information. This information will be included in the Booking Confirmation and/or in the pre-departure information sent via email, in addition to what is already outlined in these Terms and Conditions. The information includes:
5. CONCLUSION OF THE PACKAGE TRAVEL CONTRACT (ART. 36 CT)
5.1 The sales contract offer for the travel package is always made through Italy Bespoke Tours’ Website using the designated electronic forms or other durable mediums. The contract must be completed in full and signed by the Traveller, who will receive a copy.
5.2 Acceptance of the sales contract offer is subject to availability and is considered final only upon confirmation by the Organiser and receipt of the required payment.
5.3 Additional travel package details not included in these Terms and Conditions will be provided before departure, in compliance with Article 36, para. 8 of the Code on Tourism. Travel documents (e.g., vouchers, boarding passes) will be delivered to the Traveller in a timely manner, and the Traveller must carry them throughout the trip.
5.4 If a booking includes multiple travellers, the individual making the booking must provide accurate details of all participants and confirm their authority to act on their behalf. This person also guarantees compliance with contractual obligations for all parties listed in the booking and consents to the processing of their personal data.
5.5 Bookings made by minors will not be accepted. Minors must be booked by a parent or legal guardian and must travel with an accompanying adult assuming full responsibility.
5.6 The Traveller must disclose any medical conditions or disabilities requiring special assistance at the time of booking. Bookings will not be accepted if the Traveller’s condition poses a safety risk or if necessary accommodations cannot be arranged.
5.7 The Organiser reserves the right to modify these terms for specific contract categories (e.g., group bookings or promotional offers).
5.8 Before booking, the Traveller must research health and safety conditions at the destination. Booking the trip signifies acceptance of associated risks.
5.9 Special service requests (e.g., airport assistance, dietary needs) must be made at the time of booking and agreed upon separately.
5.10 For contracts negotiated outside business premises, the Traveller has five days to withdraw without penalty. This right does not apply to significantly discounted offers (e.g., last-minute deals), where the Organiser will document the price variation.
5.11 All travel services provided by Italy Bespoke Tours commence and conclude at designated locations in the itinerary. Any services booked independently by the Traveller at the destination are outside the scope of this contract, and Italy Bespoke Tours assumes no liability for them.
5.12 Independently purchased excursions, services, or benefits at the destination are not part of the contract. The Organiser bears no responsibility for these purchases, even if facilitated by local staff or representatives.
6. PAYMENTS
6.1 To confirm a travel package, the Traveller must pay:
6.3 Failure to make payments by the due date constitutes grounds for automatic contract termination under Article 1456 of the Civil Code, with written notice sent to the Traveller.
7. PRICES (ART. 39 CT)
7.1 The package price is determined in the contract, based on the catalogue, non-catalogue programs, and any subsequent updates. Prices may increase or decrease after contract conclusion.
7.2 Price increases are permitted only due to changes in: (a) Transportation costs, including fuel or energy price fluctuations; (b) Taxes or charges imposed by third parties (e.g., airport fees); (c) Exchange rates affecting package costs.
7.3 Any price increase must be clearly communicated at least 20 days before departure, with justification and calculation details. If the increase exceeds 8% of the total package price, the Traveller may withdraw from the contract under Article 40 of the Code on Tourism.
7.4 In the event of a price decrease, the Organiser may deduct administrative or processing fees before issuing a refund. These fees include registration charges, insurance costs, visa expenses, and airport fees, with supporting documentation available upon request.
8. MODIFICATION OR CANCELLATION OF THE TRAVEL PACKAGE BEFORE DEPARTURE (ARTICLE 40 OF THE TOURISM CODE)
8.1 Before the start of the package, the Organizer reserves the right to unilaterally modify the terms of the contract, provided these changes are not related to the price and are of minor importance, in accordance with Article 39. The Organizer must communicate these changes clearly and precisely to the Traveler through a durable medium.
8.2 If, before the start of the package, the Organizer is required to make significant changes to one or more of the main features of the travel services mentioned in Article 34, paragraph 1, letter a), or if the Organizer can no longer meet the specific requirements referred to in Article 36, paragraph 5, letter a), or if the price increase exceeds 8% as per Article 39, paragraph 3, the Traveler, within a reasonable time specified by the Organizer, may either accept the proposed modifications or withdraw from the contract without being subject to withdrawal fees. In the event of withdrawal, the Organizer may offer the Traveler an alternative package of equivalent or superior quality.
8.3 The Organizer must inform the Traveler promptly and clearly through a durable medium:
a) about the proposed modifications mentioned in paragraph 2 and their effect on the price of the package according to paragraph 4;
b) the reasonable time period within which the Traveler must communicate their decision regarding paragraph 2;
c) the consequences of failing to reply within the specified period, including details of any alternative packages offered and their respective prices.
8.4 If the modifications to the travel package or the substitute package mentioned in paragraph 2 result in a lower quality or price, the Traveler is entitled to an appropriate reduction in price.
8.5 In case of termination of the travel package contract pursuant to Article 40 of the Tourism Code, paragraph 2, if the Traveler does not accept the substitute package, the Organizer must refund all payments made by or on behalf of the Traveler without undue delay, and in any case, within 14 days of the termination of the contract. The provisions of Article 43 of the Tourism Code, paragraphs 2, 3, 4, 5, 6, and 7 will apply.
9. TRAVELER’S WITHDRAWAL (ARTICLE 41 OF THE TOURISM CODE)
9.1 The Traveler may withdraw from the travel package contract at any time before the start of the package, subject to the payment of expenses incurred for the insurance premium, management, and administrative costs as per Article 11.2, and any other expenses incurred by the Organizer. The Organizer will provide justification for these expenses upon request.
9.2 The Traveler who withdraws from the travel package contract, notwithstanding what is stated in points 9.1 and 9.7, must pay the following standard cancellation fees, depending on the destination and the date of withdrawal in relation to the departure date:
• Up to 60 days before departure: loss of deposit and planning fees.
• After this period: 100% of the total package price.
(These are calculated based on calendar days).
Cancellation charges may vary for custom itinerary tours. Your Italy Bespoke Tours consultant will provide clarification on cancellation fees before confirming the booking.
Additionally, for certain destinations, travel services, pre-formed groups, or specific combinations of travel, the penalties above may be subject to variations, and may be due at 100% from the moment of the irrevocable proposal or booking confirmation by the Organizer. These variations will be indicated in documents concerning out-of-catalogue programs, custom trips, or groups and services not generally included in the catalog, either partially or fully. No refunds will be made if the Traveler unilaterally interrupts the trip or stay.
9.3 If no specific standard penalties for withdrawal are specified, the withdrawal fees will correspond to the price of the package minus any expected cost savings and any income derived from the reallocation of travel services. The Traveler may obtain insurance coverage for withdrawal fees or assistance-related expenses, including return transportation in cases of illness, injury, or death. Based on the selected package, the Organizer will inform the Traveler whether subscription to such insurance is mandatory or optional.
9.4 In the event of inevitable or extraordinary circumstances occurring at the destination or in its vicinity that significantly impact the execution of the package or transportation of passengers to the destination, the Traveler has the right to withdraw from the contract before the start of the package, without withdrawal fees, and will be refunded all payments made for the package. However, the Traveler will not be entitled to any additional compensation.
9.5 The Organizer may withdraw from the travel package contract and offer a full refund of payments made for the package without obligation to pay any additional compensation if:
• The number of people registered for the package is lower than the minimum required by the contract, and the Organizer communicates contract termination to the Traveler within the timeframes established in the contract:
• 20 days before the start of the package for trips lasting more than six days.
• 7 days before the start of the package for trips lasting between three and six days.
• 48 hours before the start of the package for trips lasting fewer than two days.
• The Organizer is unable to execute the contract due to inevitable or extraordinary circumstances and promptly communicates the contract termination to the Traveler before the package begins.
9.6 The Organizer will proceed with refunds as outlined in paragraphs 4 and 5 or, in the case of paragraphs 1, 2, and 3, will refund any payments made by or on behalf of the Traveler for the package, after deducting the appropriate expenses, without undue delay, and in any case, within 14 days of termination. In cases outlined in paragraphs 4 and 5, the Organizer will also resolve any functionally linked contracts established with third parties.
9.7 In contracts negotiated outside of business premises (as defined in Articles 45 and 50, pursuant to Article 59 of the Consumer Code), the Traveler has the right to withdraw from the travel package sales contract without standard penalties and without needing to provide a reason, within 5 days of the contract conclusion (Article 6 of these Conditions) or from the date of receiving the contract conditions or preliminary information, whichever is later. In the case of offers priced significantly lower than current offers, the right to withdraw is excluded. In this case, the Organizer will document the price variation, explicitly highlighting the exception to the right of withdrawal.
10. SUBSTITUTION AND TRANSFER OF THE TRAVEL PACKAGE TO ANOTHER TRAVELER (ARTICLE 38 OF THE TOURISM CODE)
10.1 The Traveler may transfer the travel package contract to another person, subject to prior notice given to the Organizer in a durable medium no later than seven days before the start of the package, provided that:
a) The person to whom the package is transferred meets all conditions for the use of the service, including requirements for passports, visas, and health certificates;
b) The substituted services or other services can still be provided after the substitution. The substitution will only be possible with the approval of the carrier, as per Article 944 of the Navigation Code.
10.2 The Traveler (assignor) and the person receiving the transfer (assignee) are jointly and severally responsible for paying the balance of the package price and any additional charges, taxes, or other fees resulting from the transfer. The Traveler must pay €50.00 per person as “Administrative Expenses” for handling the transfer.
10.3 Any modification to confirmed travel details (such as traveler names, travel dates, destinations, etc.) that does not constitute a change to the contract, and whose implementation is feasible, will require the Traveler to pay, in addition to the “Administrative Expenses” outlined in paragraph 10.2, any expenses associated with the modification, including a charge of €100.00 per modification.
10.4 The name change for the assignor may not be accepted by third-party service suppliers, even if made within the terms specified in Article 11.1. However, the Organizer is not responsible for any non-acceptance of changes by third-party service suppliers and will communicate this promptly to the interested parties before departure.
11. OBLIGATIONS OF THE TRAVELLER
11.1 During the negotiations and in any case before the conclusion of the contract, the Traveller will receive in writing general information concerning the passports, visas, and health formalities needed for border crossing.
11.2 For the laws regarding the border crossing of minors, we refer explicitly to what is indicated on the website of the Polizia di Stato (State Police). We specify, nevertheless, that minors must be in possession of a personal ID valid for border crossing, which can be a passport, or, for EU countries, an identity card valid for border crossing. Regarding the border crossing of minors aged 14 and the border crossing of minors for whom an Authorisation issued by a Judicial Authority is required, the provisions indicated on the website of the Polizia di Stato must be followed.
11.3 Travellers must, nevertheless, find all corresponding information through their relevant diplomatic missions and/or official government information channels. In any case, the travellers must ensure, before departure, that they verify any updates with the competent authorities (for Italian citizens, through local police headquarters – “questura” – or the Ministry of Foreign Affairs, via the website viaggiaresicuri.it or through the Central Telephone Number at 06.491115) and make any necessary arrangements before the trip. In the absence of such verifications, no responsibility for the non-departure by one or multiple travellers will be borne by the Seller Agency or the Organiser.
11.4 The Traveller must in any case inform the seller and the Organiser of their own citizenship at the moment of the booking request made for the travel package or tourist service and, at the moment of departure, must make sure to have all the vaccination certificates, individual passports, and any other documents needed for all the Countries included in the itinerary, as well as all residency and transit visas and health certificates that may be required.
11.5 Furthermore, in order to evaluate the socio-political and health security situation, as well as to receive any other useful information on the destination Countries and thus objectively verify the performance of the purchased or to be purchased services, the Traveller will have the duty to get all official general information from the Ministry of Foreign Affairs and as disclosed through the institutional site of the Farnesina at viaggiaresicuri.it. The information above is not contained in the Travel Operator’s catalogues – online or hard copy – since these contain descriptive information of a general nature, as indicated in the information leaflet, and not information that changes over time. This information therefore must be learned by the Travellers themselves. Furthermore, the Travellers must comply with all normal rules of care and diligence and with the laws in force in the destination countries, with all the information supplied to them by the Organiser, as well as the regulations and the legal and administrative provisions related to the travel package. The travellers will be held liable for all damages that the Organiser and/or the seller may suffer because of the Traveller’s breach of the obligations indicated above, including the expenses needed for their reparation.
11.6 If, at the date of the booking, the chosen destination results from official information channels to be a non-recommended location for security reasons, the Traveller who subsequently decides to exercise their right of withdrawal cannot invoke, for the purpose of being exempt from the request for compensation for the withdrawal exercised, the nullification of the contractual cause concerning the security conditions of the Country.
11.7 The Organiser or the seller that has granted a compensation or price reduction which corresponds to an indemnification, or has been obligated to fulfill other obligations imposed by the Law, has the right of recourse against the parties that have contributed to the circumstances or to the event from which the compensation, price reduction, indemnification, or other related obligations have arisen, as well as towards the parties that will have to supply assistance and accommodation pursuant to other provisions, if the Traveller is incapable of returning to the departure point. The Organiser or the seller who has compensated the Traveller is substituted, within the limits of the paid compensation, in all rights and actions of this latter towards the third parties responsible; the Supplier will supply to the Organiser or the seller all documents, information, or elements in their possession needed for the exercise of the right of subrogation (Article 51 quinquies of the Code on Tourism).
11.8 Likewise, the Traveller will communicate in writing to the Organiser, at the time of the offer for the sale of the travel package and thus before the Organiser sends the booking confirmation for these services, any personal requests that may result in specific agreements concerning the travel arrangements, provided that their implementation is possible.
12. HOTEL CLASSIFICATION
12.1 The official classification of the hotel facilities will be supplied in the catalogue or in other informative materials based only on the formal and expressed indications made by competent authorities in the Countries where the service is provided. In the absence of classifications officially recognized by the competent Public Authorities of EU member States, which the service concerns, or in the case of structures marketed as “Holiday Village,” the Organiser is entitled to supply in the catalogue or in the brochure its own description of the participating facility, such as to allow for the evaluation and subsequent acceptance of this facility by the Traveller.
13. LIABILITY REGIME OF THE ORGANISER (ART. 42 CT)
13.1 The Organiser is liable for the execution of the services foreseen by the package travel contract, regardless of whether such tourism services are provided by the Organiser itself, its auxiliaries, or agencies responsible for the performance of its functions, by third parties whose operations the Organiser avails itself of, or from other suppliers of travel services, pursuant to Article 1228 of the Italian Civil Code.
13.2 The Traveller, pursuant to Articles 1175 and 1375 of the Civil Code, must promptly inform the Organiser, directly or through the seller, and taking into account the circumstances of each case, of any breaches recognized during the execution of a tourist service provided for in the package travel contract.
13.3 If one of the tourism services is not executed as agreed upon in the package travel contract, the Organiser will remedy the breach, unless this turns out to be impossible or unduly burdensome, taking into account the extent of the breach and the value of the tourism services affected by it. If the Organiser does not remedy the breach, Article 43 of the Code on Tourism is applied.
13.4 Without prejudice to the exceptions mentioned in para. 3 herein, if the Organiser does not remedy the breach within a reasonable period as established by the Traveller depending on the duration and the characteristics of the package, with the claim exercised pursuant to para. 2, the Traveller may personally remedy the breach and request a refund of the necessary expenses, as reasonable and evidenced. If the Organiser refuses to remedy the breach or if immediate remedy is necessary, the Traveller does not need to specify a time period.
13.5 If a breach, pursuant to Article 1455 of the Civil Code, constitutes a breach of non-negligible importance of the tourism services included in the package and the Organiser has not remedied it within a reasonable period established by the Traveller in relation to the duration and the characteristics of the package, with the claim exercised pursuant to para. 2, the Traveller may, without expenses, legally and with immediate effect terminate the package travel contract or, if applicable, ask, pursuant to Article 43 of the Code on Tourism, for a reduction in price, without prejudice to any compensation for damages. In case of termination of the contract, if the package included the transportation of the passengers, the Organiser will ensure the return of the Traveller with an equivalent transportation without undue delays and without additional costs to the Traveller.
13.6 Where it is impossible to ensure the return of the Traveller, the Organiser will bear the costs for the necessary accommodation, where possible at a category equivalent to that foreseen in the contract, for a period of no longer than 3 nights per Traveller or for the longest period foreseen by the regulations of the European Union on passengers’ rights, as applicable to the pertinent transportation means.
13.7 The limitation of costs referred to in para. 6 is not applicable to individuals with reduced mobility, as defined in article 2, para. 1, letter a) of CE Regulation no. 1107/2006 and to their companions, to pregnant women, to unaccompanied minors, or to individuals requiring specific medical assistance, provided that the Organiser has received notice of their specific needs at least 48 hours before the beginning of the package.
14. PRICE REDUCTIONS AND COMPENSATION LIMITS (ART. 43, para. 5 CT)
14.1 If unexpected circumstances not attributable to the Organiser, unless these circumstances are attributable to the Traveller himself, make it impossible to supply, during the performance of the package, a substantial part, in value or quantity, of the combination of tourism services agreed upon in the package travel contract, the Organiser will offer, without any additional charges to the Traveller, alternative services of suitable quality, if possible equal or superior, compared to those specified in the contract, so that the execution of the package may continue, including the possibility that the return of the Traveller at the departure point is not supplied as agreed. If the alternative solutions proposed result in a package of lower quality compared to what was specified in the package travel contract, the Organiser will grant the Traveller an appropriate price reduction to the extent of the difference between the cost of the services expected and those provided.
14.2 The Traveller may refute the alternative proposals only if they are not comparable to what is agreed in the package travel contract or if the price reduction granted is not adequate.
14.3 The Traveller has the right to request the Organiser the appropriate compensation for any damage that he may have suffered due to a breach. The Traveller is not entitled to a compensation for damages if the Organiser demonstrates that the breach is attributable to the Traveller or to a third party that is not party to the supply of Tourism Services included in the Package Travel Contract; or if the breach that is due to an unpredictable or inevitable event, to circumstances that fall outside the supply of the services provided for in the contract, to unforeseeable circumstances, to force majeure or to inevitable or extraordinary circumstances that the Organiser itself could not, even when exercising professional diligence, reasonably foresee or resolve.
14.4 The compensation due by the Organiser will not in any case be higher than the compensation indemnities and the limits to such indemnities provided for in EU Regulation n° 329/2009 and the national and international laws in force concerning the services whose breach has determined the damage, where applicable. This contract expressly provides for the limitation of compensation due by the Organiser, with the exception of personal injury or injuries caused deliberately or through gross negligence. The compensation or the price reduction granted pursuant to the Code on Tourism and the compensation or price reduction granted pursuant to other EU regulations and other applicable international conventions must be deducted from one another.
15. LIABILITY REGIME OF THE SELLER (ARTICLES 50-51 quarter CT)
15.1 The Seller is responsible for the execution of the mandate conferred to them by the Traveller through the travel intermediation contract, regardless of whether such tourism services are provided by the Seller itself, its auxiliaries or agencies responsible for the performance of its functions, by third parties whose operations the Seller avails itself of. The fulfilment of the obligations undertaken must be evaluated in accordance with the diligence required for the performance of the corresponding business activity.
15.2 The Seller is not responsible for booking errors attributable to the Traveller or attributable to any inevitable and extraordinary circumstances.
15.3 The right of the Traveller to compensation for damages related to the Seller’s liability will lapse after 2 years starting from the date of the Traveller’s return to the point of departure.
16. CONDITIONS OF SALE OF INDIVIDUAL TRAVEL ARRANGEMENTS AND LINKED TRAVEL ARRANGEMENTS
16.1 Contracts concerning the offer of transport services only, accommodation services only, or any other separate travel arrangements, not necessarily configured in a way usually negotiated by travel organizations or as part of travel packages, are regulated by the following provisions of the CCV: Article 1, no. 3 and no. 6, Articles 17 to 23, Articles 24 through 31 (purely as regards those paragraphs of such provisions that do not reference contractual arrangements). These contracts do not benefit from the protections provided by the Code on Tourism, and the contractual conditions of the individual supplier will apply. The responsibility for the correct fulfilment of this contract lies with the supplier of the service.
16.2 The Seller that undertakes to supply to third parties, even electronically, an unbundled travel service is obligated to provide the Traveller with all documents related to this service, showing the price paid for the service, and cannot in any way be considered a Travel Organiser.
17. OPPORTUNITY TO CONTACT THE ORGANISER THROUGH THE SELLER (ART. 44 CT)
17.1 The Traveller may address messages, requests, or complaints related to the execution of the package directly to the Seller through which they have purchased it, who in turn will promptly forward these messages, requests, or claims to the Organiser.
17.2 For the purpose of compliance with time-limits or limitation periods, receipt of the messages, requests, or complaints referred to in the first subparagraph by the retailer shall be considered as receipt by the Organiser.
18. AID OBLIGATION (ART. 45 CT)
18.1 The Organiser will provide the appropriate assistance, without delay, to the Traveller that is in difficulty, even in the circumstances described in Article 42, para. 7 of the Code on Tourism, in particular by offering the appropriate information on health services, local authorities, or consular assistance and assisting the Traveller in implementing long-distance communication and aiding them in finding alternative tourism services.
18.2 The Organiser can claim the payment of a reasonable sum for such assistance provided if the problem was caused deliberately by the Traveller or by their negligence, within the limits of the costs actually incurred.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES (ART. 47, para. 10 CT)
19.1 If not explicitly included in the price, it is possible and advisable to stipulate, at the moment of the booking through the Organiser and the Seller, special insurance policies against expenses derived from the cancellation of the package, from injuries and/or illness, which also include repatriation expenses and loss and/or damage to luggage. The rights arising from the insurance contracts must be exercised by the Traveller directly with the stipulating Insurance Companies, in accordance with the conditions and modalities provided in the policies themselves, paying particular attention to the timeline for the opening of a claim, deductibles, limitations, and exclusions. The insurance contract between the Traveller and the insurance company is binding between the parties and exerts its effects between the Traveller and the insurance company pursuant to Article 1905 of the Civil Code.
19.2 The Traveller, upon subscription to the booking request, may avail themselves of the insurance policy provided to them with the request, upon payment of the relevant amount. The Traveller can also stipulate additional insurance policies and communicate to the Organiser or to the Seller any special needs for which a policy, different from that proposed by the Organiser on its own website or included in the price of the package, may be needed or appropriate.
20. ADDENDUM COVID-19
CONCLUSION OF THE TOUR PACKAGE CONTRACT (ART. 36 CT) – INTEGRATION OF ART. 5.8
The refusal of the Traveller to provide the requested information and/or documents, as well as to do the possible medical checks referred to in article 11.9 of these General Conditions, will determine the legal termination of the contract, without possibility to get a refund for the missed part of the trip and/or for other services purchased with the package.
INSURANCE AGAINST CANCELLATION AND REPATRIATION FEES (ART. 47, clause 10 CdT) – INTEGRATION OF ART. 20
The Traveller, upon subscription of the booking request, can benefit from insurance policies for the safeguard of their holiday, with specific extensions for problems related to Covid-19, for example: cancellation in case of a positive Covid-19 test result or self-isolation before departure, interruption of stay following quarantine and repatriation costs, and daily allowance for hospitalization.
21. PRIVACY
21.1 Italy Bespoke Tours informs the Traveller that the processing of their personal data, whose transmission is obligatory to guarantee to the Traveller the enjoyment of the services concerned by the purchased travel package, are saved by Italy Bespoke Tours on its own servers or on the servers of its suppliers, and are processed manually and/or electronically in compliance with the provisions of the Privacy Policy of Italy Bespoke Tours, written in accordance with the relevant legislation, including Article 13 and 14 of EU Regulation 2016/679 (also known as GDPR). The refusal to transfer the data will render impossible the conclusion of the contract and the supply of the relevant services. The Traveller may at any moment exercise their rights by contacting the Controller at the following address: info@italybespoketours.com.
21.2 In some events organised by Italy Bespoke Tours, the Tour Operator will avail itself of the collaboration of professional photographers and filmmakers in order to collect photographic and video material that will be used for entertainment, institutional, and promotional activities. The Traveller, pursuant to Article 97 of Law 633/41, authorises Italy Bespoke Tours to use the photographic images and video recordings made during the period of the travel package/location/training course, for buyout and for institutional, commercial, and promotional purposes of Italy Bespoke Tours Co., Ltd, whether for their inclusion in traditional media, hard copy advertising and sale materials, or on the company website. Italy Bespoke Tours invites its guests who do not wish to be photographed or recorded to promptly notify any photographers or video makers present at the event. To reject the use or request the removal of an image from Italy Bespoke Tours media, the Traveller is kindly asked to notify us through a specific email with the subject line “removal of image” sent to info@italybespoketours.com. The removal of the image may be effectuated only by prior notification of the concerned Traveller. Italy Bespoke Tours will not, under any circumstances, use recognisable photos of minors taken during the event without the written authorisation of the parents.
22. COMPULSORY NOTIFICATION PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006.
“Italian legislation punishes by reclusion all crimes regarding prostitution and child pornography, even if committed abroad.”
23. TRAVEL PLANNING FEE
Please note that our travel agency offers complimentary trip planning services for our valued customers. We take pride in assisting you in creating a personalized and memorable travel experience. However, it is important to understand that our travel experts dedicate a significant amount of time and expertise to curating the perfect itinerary for you.
In exceptional cases where the trip planning process becomes excessively time-consuming, with multiple iterations and delays that hinder progress, our experts may request a planning fee. This fee, typically ranging from €200 to €1000, is determined based on the complexity of the trip and covers the extensive time and effort invested in refining your itinerary.
It is crucial to emphasize that this planning fee is not an additional charge but rather a first down payment towards the total trip cost. The amount paid will be deducted from the overall trip expenses. We want to ensure that we provide the highest level of service and attention to detail, and this fee helps us maintain the quality and efficiency of our trip planning services.
Rest assured, our travel experts will communicate transparently with you throughout the planning process and clearly discuss the possibility of a planning fee if the circumstances warrant it. We value your trust in our agency and strive to deliver exceptional travel experiences tailored to your preferences and expectations.
Amended on date: March 14, 2025
These General Terms and Conditions of Sale (hereafter, Terms and Conditions) constitute an integral part of the travel contract concluded between the Tourist (hereafter, the Traveller) and Italy Bespoke Tours Srls, acting as a Travel Agency and Tour Operator (hereafter, Italy Bespoke Tours). These Terms and Conditions govern the offer and the sale of services and Travel Packages, as defined in Article 3 below, available on the website www.italybespoketours.com, as well as the presentation and description of the Travel Packages contained in the catalogue (online or hard copy), the separate travel programme, and the booking confirmation of the services requested by the Traveller.
By signing the sales contract offer for the Travel Package, or by making a deposit or full payment for the Travel Package, the Traveller acknowledges having read and accepted both the travel contract and the warnings contained herein, as well as these Terms and Conditions and relevant annexes, for himself and for the parties for whom he requests the services or the Travel Package. Italy Bespoke Tours, as the Organiser and Seller Agency of travel packages, notifies the Traveller that it is empowered to execute its respective activities in accordance with the legislation in force.
The Traveller may, at any moment and in any case before the conclusion of the Travel Package contract, review all information pertaining to Italy Bespoke Tours Srls, as reported below:
Italy Bespoke Tours: Registered Office: Via dei Mille, 13 – Como (CO), Place of Business: Via Antonio Gramsci 5 – 20826 Misinto (MB), Business/VAT Identification Number: 04005400132 – Registered at the Companies’ Register of Como REA n. CO-413031.
To guarantee its obligations towards the Traveller, Italy Bespoke Tours Srls has stipulated, pursuant to Article 4 of the Code on Tourism (Legislative Decree no. 79/2011), a policy concerning Professional Indemnity Insurance with Nobis Assicurazioni S.p.A. n. 202505812 for a maximum of €2,100,000.00. Additionally, Italy Bespoke Tours Srls adheres to the Guarantee Fund established by A.I.A.V. (Italian Association of Travel Agents) through SECURE TRAVEL S.r.l., ensuring the Traveller is protected and entitled to a refund of all sums paid or repatriation in the event of insolvency or bankruptcy of the Organiser or the Seller.
The Traveller can contact Italy Bespoke Tours through the following means: phone number +39 351 339 9365, email: info@italybespoketours.com, PEC address: italybespoketours@pec.it, or via the website www.italybespoketours.comthrough the “Contact” section, accessible at the top right corner of the Home Page. By filling in the appropriate form and clicking on the “Send Request” button, the Traveller can submit inquiries or requests.
With these Terms and Conditions, Italy Bespoke Tours sells, and the Traveller purchases at a distance, the Travel Package. The sales contract between Italy Bespoke Tours and the Traveller is concluded exclusively through the Internet by completing the appropriate confirmation procedure, which is finalized when the Traveller places an online order. The Traveller undertakes to review, before proceeding with the confirmation of the purchase order (Booking Confirmation), the Terms and Conditions, the pre-contractual information provided by Italy Bespoke Tours, and the Privacy Policy. The Traveller must accept these documents by ticking the appropriately labeled box. Failure to accept these Terms and Conditions makes the purchase of the Travel Package impossible.
Italy Bespoke Tours may modify these Terms and Conditions at any time, and any changes will take effect from the moment of their publication in the “Terms and Conditions” section of the Website. The Traveller is therefore encouraged to regularly access the Website and/or his personal area to review the latest version of the Terms and Conditions. The languages in which the Traveller can contact Italy Bespoke Tours, review the Travel Packages and related information, and register, book, and conclude the contract are Italian and English.
1. LEGAL SOURCES
1.1 This contract for the sale of a Travel Package shall be governed not only by these Terms and Conditions but also by any additional conditions contained in brochures, pamphlets, catalogues, and other documentation provided by the Organiser to the Traveller.
1.2 This contract is further regulated by all applicable Italian laws concerning consumer protection, including EU Directive 90/314, EU Directive 2015/2302, and Legislative Decree No. 206 of 6 September 2005 (Consumer Code). It is also governed by the Code of State Legislation on tourism regulation (Legislative Decree No. 79 of 23 May 2011, as amended by Legislative Decree No. 62 of 21 May 2018, hereafter the "Code on Tourism - CT"). Where applicable, provisions of the Civil Code concerning transportation, service contracts, mandates, and the Navigation Code (Royal Decree No. 327 of 30 March 1942) shall also apply. Furthermore, Legislative Decree 70/2003 concerning electronic commerce, as well as national and international laws governing individual services within the Travel Package, shall be applicable.
1.3 The clauses of these Terms and Conditions shall be considered independent from one another. The total or partial invalidity of any single clause or paragraph shall not affect the validity of any other clause or paragraph within these Terms and Conditions.
1.4 Contracts entered into between Italy Bespoke Tours Srls and the Traveller for the purchase of Travel Packages offered on the Website shall be governed by Italian law. Specifically, the provisions on electronic commerce under the Consumer Code (Legislative Decree 206/2005, Articles 45-68) and Legislative Decree 70/2003 shall apply, as well as the provisions set out in the Code on Tourism (Legislative Decree 79/2011 and its amendments, Articles 32-51 novies), as modified by Legislative Decree 62/2018, implementing EU Directive 2015/2302 and subsequent amendments.
1.5 The Traveller’s right of withdrawal from the Package Travel Contract is regulated by Article 9 of these Terms and Conditions.
1.6 The Travel Agency, duly licensed, acts as an intermediary pursuant to Article 33, paragraph 1 of the Code on Tourism and must issue to the Traveller, pursuant to Article 35 of the Code on Tourism, a copy of the contract.
2. DEFINITIONS (Article 33 CT)
For the purposes of this agreement, the following definitions apply:
- Traveller: Any individual intending to conclude or who has concluded a contract or is authorised to travel under a contract for organised tourism.
- Professional: Any natural or legal person, public or private, that, in the exercise of its business, industrial, artisanal, or professional activities, acts in contracts of organised tourism, either directly or through third parties acting in its name or on its behalf, as an Organiser, Seller, or professional facilitating linked travel arrangements or supplying travel services, pursuant to applicable legislation.
- Organiser: Italy Bespoke Tours Srls or any other professional that, in the course of business activities, combines, offers, sells, and/or organises Travel Packages or Services, either directly or through third parties acting in its name or on its behalf.
- Seller: Italy Bespoke Tours Srls or any other professional, distinct from the Organiser, that sells or offers for sale Travel Packages assembled by an Organiser.
- Durable Medium: Any medium that enables the Traveller or Italy Bespoke Tours Srls to store personally addressed information in a manner that allows future access for a period appropriate to its purpose and that enables the identical reproduction of the stored information. The Terms and Conditions of the contract and related insurance policies for certain Travel Packages are always available on the Italy Bespoke Tours Srls Website. The Traveller has access to a personal area on the Website where they can review all documents related to purchased Travel Packages and Services.
3. DEFINITION OF TRAVEL PACKAGE (Article 33, para. 1, n. 4, letter c CT)
A Travel Package is defined as the combination of at least two different types of travel services for the same trip, holiday, or cruise. Travel services include:
- Passenger transportation;
- Accommodation that does not form an intrinsic part of passenger transportation and is not intended for residential purposes;
- Car rental or rental of other motor vehicles requiring a category A driver’s license;
- Any other tourist service that does not constitute an integral part of one of the travel services mentioned above and is not a financial or insurance service, nor classified as a "supplementary travel service."
3.1 The services are combined by a single Professional, even at the Traveller’s request, before the conclusion of a sole contract for all services.
3.2 The services, even if contracted separately with different service providers, are:
- Purchased at a single sales point and selected before the Traveller agrees to pay;
- Offered, sold, or invoiced at an all-inclusive or overall price;
- Advertised or sold under the designation "package" or a similar term;
- Combined after concluding a contract that allows the Traveller to select from various travel services; or
- Purchased through linked electronic booking processes where the Traveller's name, payment details, and email address are transmitted from the Professional concluding the first contract to one or more Professionals, with the subsequent contract(s) being finalized within 24 hours of the initial travel service booking.
4. PRE-CONTRACTUAL INFORMATION SENT TO THE TRAVELLER (ART. 34 CT)
Before concluding the package travel contract or making a corresponding offer, the Organiser and, if applicable, the seller, shall provide the Traveller with the relevant standard information. This information will be included in the Booking Confirmation and/or in the pre-departure information sent via email, in addition to what is already outlined in these Terms and Conditions. The information includes:
- The main characteristics of the travel services, such as:
- The destination(s), itinerary, duration, and accommodation details, including the number of nights.
- The means, characteristics, and categories of transportation, departure and return locations, dates, schedules, duration, and stopovers; if the exact schedule is not yet determined, approximate departure and return times will be provided.
- The accommodation location, principal characteristics, and, where applicable, its tourist categorisation according to destination country regulations.
- The meals provided.
- The visits, excursions, and other services included in the total price.
- Any travel services supplied to the Traveller as part of a group, including the approximate group size.
- The language in which the services will be provided.
- Whether the trip is suitable for persons with reduced mobility, with detailed information available upon request.
- The trade name, geographical address, telephone, and email contact details of the Organiser and, where applicable, the seller.
- The total package price, including all taxes, charges, and additional costs, or an indication of potential additional costs.
- Payment terms, including required deposits and balance payment schedules.
- The minimum number of participants required for the package and the deadline for possible cancellation if the minimum is not met (Article 41, para. 5, letter a).
- General visa and passport requirements, estimated processing times, and health formalities.
- The Traveller’s right to withdraw from the contract before departure, subject to withdrawal costs, or standard withdrawal fees if applicable.
- Information on optional or mandatory insurance covering trip cancellation, medical expenses, and repatriation.
- The details of insolvency or bankruptcy protection as per Article 47 of the Code on Tourism.
- Information on the operating air carrier, if known, in accordance with EC Regulation 2111/05.
5. CONCLUSION OF THE PACKAGE TRAVEL CONTRACT (ART. 36 CT)
5.1 The sales contract offer for the travel package is always made through Italy Bespoke Tours’ Website using the designated electronic forms or other durable mediums. The contract must be completed in full and signed by the Traveller, who will receive a copy.
5.2 Acceptance of the sales contract offer is subject to availability and is considered final only upon confirmation by the Organiser and receipt of the required payment.
5.3 Additional travel package details not included in these Terms and Conditions will be provided before departure, in compliance with Article 36, para. 8 of the Code on Tourism. Travel documents (e.g., vouchers, boarding passes) will be delivered to the Traveller in a timely manner, and the Traveller must carry them throughout the trip.
5.4 If a booking includes multiple travellers, the individual making the booking must provide accurate details of all participants and confirm their authority to act on their behalf. This person also guarantees compliance with contractual obligations for all parties listed in the booking and consents to the processing of their personal data.
5.5 Bookings made by minors will not be accepted. Minors must be booked by a parent or legal guardian and must travel with an accompanying adult assuming full responsibility.
5.6 The Traveller must disclose any medical conditions or disabilities requiring special assistance at the time of booking. Bookings will not be accepted if the Traveller’s condition poses a safety risk or if necessary accommodations cannot be arranged.
5.7 The Organiser reserves the right to modify these terms for specific contract categories (e.g., group bookings or promotional offers).
5.8 Before booking, the Traveller must research health and safety conditions at the destination. Booking the trip signifies acceptance of associated risks.
5.9 Special service requests (e.g., airport assistance, dietary needs) must be made at the time of booking and agreed upon separately.
5.10 For contracts negotiated outside business premises, the Traveller has five days to withdraw without penalty. This right does not apply to significantly discounted offers (e.g., last-minute deals), where the Organiser will document the price variation.
5.11 All travel services provided by Italy Bespoke Tours commence and conclude at designated locations in the itinerary. Any services booked independently by the Traveller at the destination are outside the scope of this contract, and Italy Bespoke Tours assumes no liability for them.
5.12 Independently purchased excursions, services, or benefits at the destination are not part of the contract. The Organiser bears no responsibility for these purchases, even if facilitated by local staff or representatives.
6. PAYMENTS
6.1 To confirm a travel package, the Traveller must pay:
- A registration or processing fee.
- A deposit of 30% of the total package price, with the remaining balance due by the deadline specified in the booking confirmation (generally 60 days before departure). The Traveller may choose to pay in full upon booking confirmation.
6.3 Failure to make payments by the due date constitutes grounds for automatic contract termination under Article 1456 of the Civil Code, with written notice sent to the Traveller.
7. PRICES (ART. 39 CT)
7.1 The package price is determined in the contract, based on the catalogue, non-catalogue programs, and any subsequent updates. Prices may increase or decrease after contract conclusion.
7.2 Price increases are permitted only due to changes in: (a) Transportation costs, including fuel or energy price fluctuations; (b) Taxes or charges imposed by third parties (e.g., airport fees); (c) Exchange rates affecting package costs.
7.3 Any price increase must be clearly communicated at least 20 days before departure, with justification and calculation details. If the increase exceeds 8% of the total package price, the Traveller may withdraw from the contract under Article 40 of the Code on Tourism.
7.4 In the event of a price decrease, the Organiser may deduct administrative or processing fees before issuing a refund. These fees include registration charges, insurance costs, visa expenses, and airport fees, with supporting documentation available upon request.
8. MODIFICATION OR CANCELLATION OF THE TRAVEL PACKAGE BEFORE DEPARTURE (ARTICLE 40 OF THE TOURISM CODE)
8.1 Before the start of the package, the Organizer reserves the right to unilaterally modify the terms of the contract, provided these changes are not related to the price and are of minor importance, in accordance with Article 39. The Organizer must communicate these changes clearly and precisely to the Traveler through a durable medium.
8.2 If, before the start of the package, the Organizer is required to make significant changes to one or more of the main features of the travel services mentioned in Article 34, paragraph 1, letter a), or if the Organizer can no longer meet the specific requirements referred to in Article 36, paragraph 5, letter a), or if the price increase exceeds 8% as per Article 39, paragraph 3, the Traveler, within a reasonable time specified by the Organizer, may either accept the proposed modifications or withdraw from the contract without being subject to withdrawal fees. In the event of withdrawal, the Organizer may offer the Traveler an alternative package of equivalent or superior quality.
8.3 The Organizer must inform the Traveler promptly and clearly through a durable medium:
a) about the proposed modifications mentioned in paragraph 2 and their effect on the price of the package according to paragraph 4;
b) the reasonable time period within which the Traveler must communicate their decision regarding paragraph 2;
c) the consequences of failing to reply within the specified period, including details of any alternative packages offered and their respective prices.
8.4 If the modifications to the travel package or the substitute package mentioned in paragraph 2 result in a lower quality or price, the Traveler is entitled to an appropriate reduction in price.
8.5 In case of termination of the travel package contract pursuant to Article 40 of the Tourism Code, paragraph 2, if the Traveler does not accept the substitute package, the Organizer must refund all payments made by or on behalf of the Traveler without undue delay, and in any case, within 14 days of the termination of the contract. The provisions of Article 43 of the Tourism Code, paragraphs 2, 3, 4, 5, 6, and 7 will apply.
9. TRAVELER’S WITHDRAWAL (ARTICLE 41 OF THE TOURISM CODE)
9.1 The Traveler may withdraw from the travel package contract at any time before the start of the package, subject to the payment of expenses incurred for the insurance premium, management, and administrative costs as per Article 11.2, and any other expenses incurred by the Organizer. The Organizer will provide justification for these expenses upon request.
9.2 The Traveler who withdraws from the travel package contract, notwithstanding what is stated in points 9.1 and 9.7, must pay the following standard cancellation fees, depending on the destination and the date of withdrawal in relation to the departure date:
• Up to 60 days before departure: loss of deposit and planning fees.
• After this period: 100% of the total package price.
(These are calculated based on calendar days).
Cancellation charges may vary for custom itinerary tours. Your Italy Bespoke Tours consultant will provide clarification on cancellation fees before confirming the booking.
Additionally, for certain destinations, travel services, pre-formed groups, or specific combinations of travel, the penalties above may be subject to variations, and may be due at 100% from the moment of the irrevocable proposal or booking confirmation by the Organizer. These variations will be indicated in documents concerning out-of-catalogue programs, custom trips, or groups and services not generally included in the catalog, either partially or fully. No refunds will be made if the Traveler unilaterally interrupts the trip or stay.
9.3 If no specific standard penalties for withdrawal are specified, the withdrawal fees will correspond to the price of the package minus any expected cost savings and any income derived from the reallocation of travel services. The Traveler may obtain insurance coverage for withdrawal fees or assistance-related expenses, including return transportation in cases of illness, injury, or death. Based on the selected package, the Organizer will inform the Traveler whether subscription to such insurance is mandatory or optional.
9.4 In the event of inevitable or extraordinary circumstances occurring at the destination or in its vicinity that significantly impact the execution of the package or transportation of passengers to the destination, the Traveler has the right to withdraw from the contract before the start of the package, without withdrawal fees, and will be refunded all payments made for the package. However, the Traveler will not be entitled to any additional compensation.
9.5 The Organizer may withdraw from the travel package contract and offer a full refund of payments made for the package without obligation to pay any additional compensation if:
• The number of people registered for the package is lower than the minimum required by the contract, and the Organizer communicates contract termination to the Traveler within the timeframes established in the contract:
• 20 days before the start of the package for trips lasting more than six days.
• 7 days before the start of the package for trips lasting between three and six days.
• 48 hours before the start of the package for trips lasting fewer than two days.
• The Organizer is unable to execute the contract due to inevitable or extraordinary circumstances and promptly communicates the contract termination to the Traveler before the package begins.
9.6 The Organizer will proceed with refunds as outlined in paragraphs 4 and 5 or, in the case of paragraphs 1, 2, and 3, will refund any payments made by or on behalf of the Traveler for the package, after deducting the appropriate expenses, without undue delay, and in any case, within 14 days of termination. In cases outlined in paragraphs 4 and 5, the Organizer will also resolve any functionally linked contracts established with third parties.
9.7 In contracts negotiated outside of business premises (as defined in Articles 45 and 50, pursuant to Article 59 of the Consumer Code), the Traveler has the right to withdraw from the travel package sales contract without standard penalties and without needing to provide a reason, within 5 days of the contract conclusion (Article 6 of these Conditions) or from the date of receiving the contract conditions or preliminary information, whichever is later. In the case of offers priced significantly lower than current offers, the right to withdraw is excluded. In this case, the Organizer will document the price variation, explicitly highlighting the exception to the right of withdrawal.
10. SUBSTITUTION AND TRANSFER OF THE TRAVEL PACKAGE TO ANOTHER TRAVELER (ARTICLE 38 OF THE TOURISM CODE)
10.1 The Traveler may transfer the travel package contract to another person, subject to prior notice given to the Organizer in a durable medium no later than seven days before the start of the package, provided that:
a) The person to whom the package is transferred meets all conditions for the use of the service, including requirements for passports, visas, and health certificates;
b) The substituted services or other services can still be provided after the substitution. The substitution will only be possible with the approval of the carrier, as per Article 944 of the Navigation Code.
10.2 The Traveler (assignor) and the person receiving the transfer (assignee) are jointly and severally responsible for paying the balance of the package price and any additional charges, taxes, or other fees resulting from the transfer. The Traveler must pay €50.00 per person as “Administrative Expenses” for handling the transfer.
10.3 Any modification to confirmed travel details (such as traveler names, travel dates, destinations, etc.) that does not constitute a change to the contract, and whose implementation is feasible, will require the Traveler to pay, in addition to the “Administrative Expenses” outlined in paragraph 10.2, any expenses associated with the modification, including a charge of €100.00 per modification.
10.4 The name change for the assignor may not be accepted by third-party service suppliers, even if made within the terms specified in Article 11.1. However, the Organizer is not responsible for any non-acceptance of changes by third-party service suppliers and will communicate this promptly to the interested parties before departure.
11. OBLIGATIONS OF THE TRAVELLER
11.1 During the negotiations and in any case before the conclusion of the contract, the Traveller will receive in writing general information concerning the passports, visas, and health formalities needed for border crossing.
11.2 For the laws regarding the border crossing of minors, we refer explicitly to what is indicated on the website of the Polizia di Stato (State Police). We specify, nevertheless, that minors must be in possession of a personal ID valid for border crossing, which can be a passport, or, for EU countries, an identity card valid for border crossing. Regarding the border crossing of minors aged 14 and the border crossing of minors for whom an Authorisation issued by a Judicial Authority is required, the provisions indicated on the website of the Polizia di Stato must be followed.
11.3 Travellers must, nevertheless, find all corresponding information through their relevant diplomatic missions and/or official government information channels. In any case, the travellers must ensure, before departure, that they verify any updates with the competent authorities (for Italian citizens, through local police headquarters – “questura” – or the Ministry of Foreign Affairs, via the website viaggiaresicuri.it or through the Central Telephone Number at 06.491115) and make any necessary arrangements before the trip. In the absence of such verifications, no responsibility for the non-departure by one or multiple travellers will be borne by the Seller Agency or the Organiser.
11.4 The Traveller must in any case inform the seller and the Organiser of their own citizenship at the moment of the booking request made for the travel package or tourist service and, at the moment of departure, must make sure to have all the vaccination certificates, individual passports, and any other documents needed for all the Countries included in the itinerary, as well as all residency and transit visas and health certificates that may be required.
11.5 Furthermore, in order to evaluate the socio-political and health security situation, as well as to receive any other useful information on the destination Countries and thus objectively verify the performance of the purchased or to be purchased services, the Traveller will have the duty to get all official general information from the Ministry of Foreign Affairs and as disclosed through the institutional site of the Farnesina at viaggiaresicuri.it. The information above is not contained in the Travel Operator’s catalogues – online or hard copy – since these contain descriptive information of a general nature, as indicated in the information leaflet, and not information that changes over time. This information therefore must be learned by the Travellers themselves. Furthermore, the Travellers must comply with all normal rules of care and diligence and with the laws in force in the destination countries, with all the information supplied to them by the Organiser, as well as the regulations and the legal and administrative provisions related to the travel package. The travellers will be held liable for all damages that the Organiser and/or the seller may suffer because of the Traveller’s breach of the obligations indicated above, including the expenses needed for their reparation.
11.6 If, at the date of the booking, the chosen destination results from official information channels to be a non-recommended location for security reasons, the Traveller who subsequently decides to exercise their right of withdrawal cannot invoke, for the purpose of being exempt from the request for compensation for the withdrawal exercised, the nullification of the contractual cause concerning the security conditions of the Country.
11.7 The Organiser or the seller that has granted a compensation or price reduction which corresponds to an indemnification, or has been obligated to fulfill other obligations imposed by the Law, has the right of recourse against the parties that have contributed to the circumstances or to the event from which the compensation, price reduction, indemnification, or other related obligations have arisen, as well as towards the parties that will have to supply assistance and accommodation pursuant to other provisions, if the Traveller is incapable of returning to the departure point. The Organiser or the seller who has compensated the Traveller is substituted, within the limits of the paid compensation, in all rights and actions of this latter towards the third parties responsible; the Supplier will supply to the Organiser or the seller all documents, information, or elements in their possession needed for the exercise of the right of subrogation (Article 51 quinquies of the Code on Tourism).
11.8 Likewise, the Traveller will communicate in writing to the Organiser, at the time of the offer for the sale of the travel package and thus before the Organiser sends the booking confirmation for these services, any personal requests that may result in specific agreements concerning the travel arrangements, provided that their implementation is possible.
12. HOTEL CLASSIFICATION
12.1 The official classification of the hotel facilities will be supplied in the catalogue or in other informative materials based only on the formal and expressed indications made by competent authorities in the Countries where the service is provided. In the absence of classifications officially recognized by the competent Public Authorities of EU member States, which the service concerns, or in the case of structures marketed as “Holiday Village,” the Organiser is entitled to supply in the catalogue or in the brochure its own description of the participating facility, such as to allow for the evaluation and subsequent acceptance of this facility by the Traveller.
13. LIABILITY REGIME OF THE ORGANISER (ART. 42 CT)
13.1 The Organiser is liable for the execution of the services foreseen by the package travel contract, regardless of whether such tourism services are provided by the Organiser itself, its auxiliaries, or agencies responsible for the performance of its functions, by third parties whose operations the Organiser avails itself of, or from other suppliers of travel services, pursuant to Article 1228 of the Italian Civil Code.
13.2 The Traveller, pursuant to Articles 1175 and 1375 of the Civil Code, must promptly inform the Organiser, directly or through the seller, and taking into account the circumstances of each case, of any breaches recognized during the execution of a tourist service provided for in the package travel contract.
13.3 If one of the tourism services is not executed as agreed upon in the package travel contract, the Organiser will remedy the breach, unless this turns out to be impossible or unduly burdensome, taking into account the extent of the breach and the value of the tourism services affected by it. If the Organiser does not remedy the breach, Article 43 of the Code on Tourism is applied.
13.4 Without prejudice to the exceptions mentioned in para. 3 herein, if the Organiser does not remedy the breach within a reasonable period as established by the Traveller depending on the duration and the characteristics of the package, with the claim exercised pursuant to para. 2, the Traveller may personally remedy the breach and request a refund of the necessary expenses, as reasonable and evidenced. If the Organiser refuses to remedy the breach or if immediate remedy is necessary, the Traveller does not need to specify a time period.
13.5 If a breach, pursuant to Article 1455 of the Civil Code, constitutes a breach of non-negligible importance of the tourism services included in the package and the Organiser has not remedied it within a reasonable period established by the Traveller in relation to the duration and the characteristics of the package, with the claim exercised pursuant to para. 2, the Traveller may, without expenses, legally and with immediate effect terminate the package travel contract or, if applicable, ask, pursuant to Article 43 of the Code on Tourism, for a reduction in price, without prejudice to any compensation for damages. In case of termination of the contract, if the package included the transportation of the passengers, the Organiser will ensure the return of the Traveller with an equivalent transportation without undue delays and without additional costs to the Traveller.
13.6 Where it is impossible to ensure the return of the Traveller, the Organiser will bear the costs for the necessary accommodation, where possible at a category equivalent to that foreseen in the contract, for a period of no longer than 3 nights per Traveller or for the longest period foreseen by the regulations of the European Union on passengers’ rights, as applicable to the pertinent transportation means.
13.7 The limitation of costs referred to in para. 6 is not applicable to individuals with reduced mobility, as defined in article 2, para. 1, letter a) of CE Regulation no. 1107/2006 and to their companions, to pregnant women, to unaccompanied minors, or to individuals requiring specific medical assistance, provided that the Organiser has received notice of their specific needs at least 48 hours before the beginning of the package.
14. PRICE REDUCTIONS AND COMPENSATION LIMITS (ART. 43, para. 5 CT)
14.1 If unexpected circumstances not attributable to the Organiser, unless these circumstances are attributable to the Traveller himself, make it impossible to supply, during the performance of the package, a substantial part, in value or quantity, of the combination of tourism services agreed upon in the package travel contract, the Organiser will offer, without any additional charges to the Traveller, alternative services of suitable quality, if possible equal or superior, compared to those specified in the contract, so that the execution of the package may continue, including the possibility that the return of the Traveller at the departure point is not supplied as agreed. If the alternative solutions proposed result in a package of lower quality compared to what was specified in the package travel contract, the Organiser will grant the Traveller an appropriate price reduction to the extent of the difference between the cost of the services expected and those provided.
14.2 The Traveller may refute the alternative proposals only if they are not comparable to what is agreed in the package travel contract or if the price reduction granted is not adequate.
14.3 The Traveller has the right to request the Organiser the appropriate compensation for any damage that he may have suffered due to a breach. The Traveller is not entitled to a compensation for damages if the Organiser demonstrates that the breach is attributable to the Traveller or to a third party that is not party to the supply of Tourism Services included in the Package Travel Contract; or if the breach that is due to an unpredictable or inevitable event, to circumstances that fall outside the supply of the services provided for in the contract, to unforeseeable circumstances, to force majeure or to inevitable or extraordinary circumstances that the Organiser itself could not, even when exercising professional diligence, reasonably foresee or resolve.
14.4 The compensation due by the Organiser will not in any case be higher than the compensation indemnities and the limits to such indemnities provided for in EU Regulation n° 329/2009 and the national and international laws in force concerning the services whose breach has determined the damage, where applicable. This contract expressly provides for the limitation of compensation due by the Organiser, with the exception of personal injury or injuries caused deliberately or through gross negligence. The compensation or the price reduction granted pursuant to the Code on Tourism and the compensation or price reduction granted pursuant to other EU regulations and other applicable international conventions must be deducted from one another.
15. LIABILITY REGIME OF THE SELLER (ARTICLES 50-51 quarter CT)
15.1 The Seller is responsible for the execution of the mandate conferred to them by the Traveller through the travel intermediation contract, regardless of whether such tourism services are provided by the Seller itself, its auxiliaries or agencies responsible for the performance of its functions, by third parties whose operations the Seller avails itself of. The fulfilment of the obligations undertaken must be evaluated in accordance with the diligence required for the performance of the corresponding business activity.
15.2 The Seller is not responsible for booking errors attributable to the Traveller or attributable to any inevitable and extraordinary circumstances.
15.3 The right of the Traveller to compensation for damages related to the Seller’s liability will lapse after 2 years starting from the date of the Traveller’s return to the point of departure.
16. CONDITIONS OF SALE OF INDIVIDUAL TRAVEL ARRANGEMENTS AND LINKED TRAVEL ARRANGEMENTS
16.1 Contracts concerning the offer of transport services only, accommodation services only, or any other separate travel arrangements, not necessarily configured in a way usually negotiated by travel organizations or as part of travel packages, are regulated by the following provisions of the CCV: Article 1, no. 3 and no. 6, Articles 17 to 23, Articles 24 through 31 (purely as regards those paragraphs of such provisions that do not reference contractual arrangements). These contracts do not benefit from the protections provided by the Code on Tourism, and the contractual conditions of the individual supplier will apply. The responsibility for the correct fulfilment of this contract lies with the supplier of the service.
16.2 The Seller that undertakes to supply to third parties, even electronically, an unbundled travel service is obligated to provide the Traveller with all documents related to this service, showing the price paid for the service, and cannot in any way be considered a Travel Organiser.
17. OPPORTUNITY TO CONTACT THE ORGANISER THROUGH THE SELLER (ART. 44 CT)
17.1 The Traveller may address messages, requests, or complaints related to the execution of the package directly to the Seller through which they have purchased it, who in turn will promptly forward these messages, requests, or claims to the Organiser.
17.2 For the purpose of compliance with time-limits or limitation periods, receipt of the messages, requests, or complaints referred to in the first subparagraph by the retailer shall be considered as receipt by the Organiser.
18. AID OBLIGATION (ART. 45 CT)
18.1 The Organiser will provide the appropriate assistance, without delay, to the Traveller that is in difficulty, even in the circumstances described in Article 42, para. 7 of the Code on Tourism, in particular by offering the appropriate information on health services, local authorities, or consular assistance and assisting the Traveller in implementing long-distance communication and aiding them in finding alternative tourism services.
18.2 The Organiser can claim the payment of a reasonable sum for such assistance provided if the problem was caused deliberately by the Traveller or by their negligence, within the limits of the costs actually incurred.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES (ART. 47, para. 10 CT)
19.1 If not explicitly included in the price, it is possible and advisable to stipulate, at the moment of the booking through the Organiser and the Seller, special insurance policies against expenses derived from the cancellation of the package, from injuries and/or illness, which also include repatriation expenses and loss and/or damage to luggage. The rights arising from the insurance contracts must be exercised by the Traveller directly with the stipulating Insurance Companies, in accordance with the conditions and modalities provided in the policies themselves, paying particular attention to the timeline for the opening of a claim, deductibles, limitations, and exclusions. The insurance contract between the Traveller and the insurance company is binding between the parties and exerts its effects between the Traveller and the insurance company pursuant to Article 1905 of the Civil Code.
19.2 The Traveller, upon subscription to the booking request, may avail themselves of the insurance policy provided to them with the request, upon payment of the relevant amount. The Traveller can also stipulate additional insurance policies and communicate to the Organiser or to the Seller any special needs for which a policy, different from that proposed by the Organiser on its own website or included in the price of the package, may be needed or appropriate.
20. ADDENDUM COVID-19
CONCLUSION OF THE TOUR PACKAGE CONTRACT (ART. 36 CT) – INTEGRATION OF ART. 5.8
The refusal of the Traveller to provide the requested information and/or documents, as well as to do the possible medical checks referred to in article 11.9 of these General Conditions, will determine the legal termination of the contract, without possibility to get a refund for the missed part of the trip and/or for other services purchased with the package.
INSURANCE AGAINST CANCELLATION AND REPATRIATION FEES (ART. 47, clause 10 CdT) – INTEGRATION OF ART. 20
The Traveller, upon subscription of the booking request, can benefit from insurance policies for the safeguard of their holiday, with specific extensions for problems related to Covid-19, for example: cancellation in case of a positive Covid-19 test result or self-isolation before departure, interruption of stay following quarantine and repatriation costs, and daily allowance for hospitalization.
21. PRIVACY
21.1 Italy Bespoke Tours informs the Traveller that the processing of their personal data, whose transmission is obligatory to guarantee to the Traveller the enjoyment of the services concerned by the purchased travel package, are saved by Italy Bespoke Tours on its own servers or on the servers of its suppliers, and are processed manually and/or electronically in compliance with the provisions of the Privacy Policy of Italy Bespoke Tours, written in accordance with the relevant legislation, including Article 13 and 14 of EU Regulation 2016/679 (also known as GDPR). The refusal to transfer the data will render impossible the conclusion of the contract and the supply of the relevant services. The Traveller may at any moment exercise their rights by contacting the Controller at the following address: info@italybespoketours.com.
21.2 In some events organised by Italy Bespoke Tours, the Tour Operator will avail itself of the collaboration of professional photographers and filmmakers in order to collect photographic and video material that will be used for entertainment, institutional, and promotional activities. The Traveller, pursuant to Article 97 of Law 633/41, authorises Italy Bespoke Tours to use the photographic images and video recordings made during the period of the travel package/location/training course, for buyout and for institutional, commercial, and promotional purposes of Italy Bespoke Tours Co., Ltd, whether for their inclusion in traditional media, hard copy advertising and sale materials, or on the company website. Italy Bespoke Tours invites its guests who do not wish to be photographed or recorded to promptly notify any photographers or video makers present at the event. To reject the use or request the removal of an image from Italy Bespoke Tours media, the Traveller is kindly asked to notify us through a specific email with the subject line “removal of image” sent to info@italybespoketours.com. The removal of the image may be effectuated only by prior notification of the concerned Traveller. Italy Bespoke Tours will not, under any circumstances, use recognisable photos of minors taken during the event without the written authorisation of the parents.
22. COMPULSORY NOTIFICATION PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006.
“Italian legislation punishes by reclusion all crimes regarding prostitution and child pornography, even if committed abroad.”
23. TRAVEL PLANNING FEE
Please note that our travel agency offers complimentary trip planning services for our valued customers. We take pride in assisting you in creating a personalized and memorable travel experience. However, it is important to understand that our travel experts dedicate a significant amount of time and expertise to curating the perfect itinerary for you.
In exceptional cases where the trip planning process becomes excessively time-consuming, with multiple iterations and delays that hinder progress, our experts may request a planning fee. This fee, typically ranging from €200 to €1000, is determined based on the complexity of the trip and covers the extensive time and effort invested in refining your itinerary.
It is crucial to emphasize that this planning fee is not an additional charge but rather a first down payment towards the total trip cost. The amount paid will be deducted from the overall trip expenses. We want to ensure that we provide the highest level of service and attention to detail, and this fee helps us maintain the quality and efficiency of our trip planning services.
Rest assured, our travel experts will communicate transparently with you throughout the planning process and clearly discuss the possibility of a planning fee if the circumstances warrant it. We value your trust in our agency and strive to deliver exceptional travel experiences tailored to your preferences and expectations.
Amended on date: March 14, 2025
ITALY BESPOKE TOURS SRLS
Via dei Mille 13, 22100 Como, Italy
+39 351 339 9365 | info@italybespoketours.com
TO Business/VAT Identification Number: 04005400132 Insurance n. 202505812 Nobis Assicurazioni Spa | REA MB-2648694
Via dei Mille 13, 22100 Como, Italy
+39 351 339 9365 | info@italybespoketours.com
TO Business/VAT Identification Number: 04005400132 Insurance n. 202505812 Nobis Assicurazioni Spa | REA MB-2648694
