VALID FROM 1 JULY 2018 GENERAL TERMS AND CONDITIONS OF SALE CONTRACTS FOR TOURIST PACKAGES The package holidays offered by Food Valley Travel that are non-catalogue/tailor-made or from the website https://www.foodvalleytravel.com/en/ are subject to the following general conditions: 1. APPLICABLE LAW The contract for the sale of a package holiday, whether the related services are to be provided in Italy or abroad, is governed by the "Tourism Code" (Italian Legislative Decree of 23.5.2011 No 79 - Annex I, Articles 32 - 51-novies) as amended by Italian Legislative Decree of 21 May 2018 No 62 and, where applicable, by Italian Law No 1084 of 27/12/1977 (Ratification and Implementation of the International Convention on Travel Contracts (CCV) signed in Brussels on 23.4.1970) and by Italian Legislative Decree of 6.9.2005 No 2006 ("Consumer Code"). The contract is also governed by these General Conditions and by the clauses in the catalogue, in the information brochure and in the travel, documents delivered to the customer. The description of the package holiday which is the subject of the contract is contained in the catalogue and in the information brochure. 2. CONCEPT OF PACKAGE HOLIDAY A package holiday consists of a combination of at least two different types of travel services such as: the carriage of passengers; accommodation which is not an integral part of the carriage of passengers and is not for residential purposes or for long-term language courses; the rental of cars, other motor vehicles pursuant to Italian Ministerial Decree of 28 April 2008 or motorcycles requiring a category A driving licence, pursuant to Italian Legislative Decree of 16 January 2013, No 2; any other tourist service which is not an integral part of any of the travel services referred to in points 1, 2 or 3, and which is not a financial or insurance service for the purposes of the same trip or holiday, if at least one of the following conditions occurs: These services are combined by a single trader, even at the request of the traveller or according to a selection, before a single contract for all the services is concluded These services, even if concluded with separate contracts with individual suppliers, are: - purchased from a single point of sale and selected before the traveller agrees to payment; - offered, sold or invoiced at a fixed or inclusive price; - advertised or sold under the name "package" or similar name; - combined after the conclusion of a contract with which the trader allows the traveller to choose from a selection of different types of travel services or purchased from separate traders through linked online booking processes where the name of the traveller, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more traders and the contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. 3. MANDATORY INFORMATION – TECHNICAL SHEET Before the conclusion of the tourist package contract, the organiser or the retailer shall communicate the following information to the traveller, either by means of what is published in the catalogue in the pages relating to the chosen destination, or by means of a quotation or other information tool in the case of non-catalogue travel: a) the main characteristics of the tourist services, such as: the travel destination(s), the itinerary and periods of stay, with relevant dates and, if accommodation is included, the number of nights included; the means, characteristics and categories of transport, the places, dates and times of departure and return, the duration and places of intermediate stops and transport connections; if the time has not yet been established, the organiser and, where applicable, the retailer, shall inform the traveller of the approximate time of departure and return; the name of the carrier that will carry out your flight(s) within the time limits and in the manner provided for in Article 11 of Reg. (EC) No 2111/2005 and its possible operating ban within the European Union is indicated in the confirmation sheet; any changes will be communicated to the traveller in a timely manner, in compliance with Reg. (EC) No 2111/2005; the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination; the meals provided, whether or not they are included; Visits, excursions or other services included in the price agreed for the package; tourist services provided to the traveller as part of a group and, in this case, the approximate size of the group; the language in which the services are provided; if the trip or the holiday is suitable for persons with reduced mobility, an indication of this will be given in the catalogue or, for non-catalogue trips, following a request by the customer and, upon the traveller's request, precise information will be given on the suitability of the trip or holiday that takes into account the traveller's needs; b) the trading name and geographical address of the organiser and, where applicable, of the retailer, their telephone numbers and e-mail addresses; c) the total price of the package holiday inclusive of taxes and all additional fees, charges and other costs, including any administrative and handling costs, or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear; d) the arrangement for payment, including any amount or percentage of the price to be paid as a down payment and the timetable for payment of the balance, or the financial guarantees which the traveller is required to pay or provide; e) the minimum number of persons required for the package and the time-limit, referred to in Article 41(5)(a), before the start of the package for the possible termination of the contract if that number is not reached; f) general information on passport and/or visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination; g) information on the traveller's right to withdraw from the contract at any time before the start of the package upon payment of appropriate withdrawal costs or, if envisaged, the standard withdrawal costs required by the organiser in conformity with Article 41 of the Tourism Code; h) information on optional or compulsory insurance to cover the cost of unilateral termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death; i) details on the insurance cover referred to in Article 47, paragraph 1, 2, 3 of Italian Legislative Decree 62/2018. Technical Data Sheet The tourist package forming the subject matter of the contract is organized by Food Valley Travel & Leisure by Terre Emiliane S.r.l. (hereinafter simply referred to as the “organizer”), with Registered Office in Parma at Borgo del Parmigianino, 19, telephone +39 0521 798515, Fax +39 0521 786631, VAT Registration Number 02250720345, with Authorisation from the Province of Parma no. 4488/2004 issued on 21 January 2004. Food Valley Travel & Leisure by Terre Emiliane S.r.l. is covered by civil and professional liability insurance no. 65/67116248 and multi-risk insurance no. 122/68001442 taken out with the insurance company Unipol Assicurazioni. This catalogue is valid from 1 January 2020 to 31 December 2020. The organizer reserves the right, in any case, to make changes to it in relation to factual circumstances or legislative amendments. 4. DEFINITIONS For the purposes of this contract, the following definitions apply: a) "travel service": the carriage of passengers; accommodation which is not an integral part of the carriage of passengers and is not for residential purposes or for long-term language courses; the rental of cars, other motor vehicles within the meaning of the Italian Decree of the Minister of Infrastructure and Transport of 28 April 2008, published in the Official Gazette of the Italian Republic No 162 of 12 July 2008, or motorcycles requiring a category A driving licence, in accordance with Italian Legislative Decree No 2 of 16 January 2013; any other tourist service which is not an integral part of one of the travel services referred to in points 1), 2) or 3) and is not a financial or insurance service; b) "additional travel service" means additional services, such as, but not limited to, the carriage of luggage, provided as part of the carriage of passengers; the use of pay car parks inside stations or airports; the carriage of passengers over short distances during guided tours or transfers between an accommodation facility and a travel station by other means; the organisation of entertainment or sporting activities; the provision of meals and beverages; and cleaning provided within the accommodation; the use of bicycles, skis and other equipment of the accommodation facility or access to on-site facilities, such as swimming pools, beaches, gyms, saunas, wellness or spa centres, included for hotel guests; any other local additional service also according to local customs; c) "package" means a combination of at least two different types of travel services for the purposes of the same trip or the same holiday, if at least one of the following conditions occurs: these services are combined by a single trader, even at the request of the traveller or according to one of the traveller's selections, before a single contract for all the services is concluded; even if they are concluded with separate contracts with individual travel service providers, these services are: 2.1) purchased from a single point of sale and selected before the traveller agrees to payment; 2.2) offered, sold or invoiced at a fixed or inclusive price; 2.3) advertised or sold under the name "package" or similar name; 2.4) combined after the conclusion of a contract with which the trader allows the traveller to choose from a selection of different types of travel services or purchased from separate traders through linked electronic booking processes where the name of the traveller, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to one or more traders and the contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. d) "package travel contract" means a contract on a package as a whole or, if the package is provided under separate contracts, all contracts covering the travel services included in the package; e) "start of the package" means the beginning of the performance of travel services included in the package; f) "linked travel arrangement" means at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if a trader facilitates: on the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each travel service by travellers; or the targeted purchase of at least one additional travel service from another trader when this purchase is concluded within 24 hours of confirmation of the booking of the first travel service; g) "traveller" means any person who is seeking to conclude a contract, enters into a contract or is entitled to travel on the basis of a concluded contract, within the scope of this paragraph; h) "trader" means any public or private, natural or legal person who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts, whether acting in the capacity of organiser, retailer, trader facilitating a linked travel arrangement or as a travel service provider, under current legislation; i) "organiser" means a trader who combines and sells, or offers for sale, packages, either directly or through another trader or together with another trader, or the trader who transmits the traveller’s data to another trader in accordance with point c), number 2.4); l) "retailer" means a trader other than the organiser who sells or offers for sale packages combined by an organiser; m) "establishment" means establishment as defined in Article 8(1)(e) of Italian Legislative Decree No 59 of 26 March 2010; n) "durable medium" means any instrument which enables the traveller or the trader to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored; o) "unavoidable and extraordinary circumstances" means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken; p) "lack of conformity" means non-performance of the travel services included in a package; q) "minor" means a person below the age of 18; r) "point of sale" means any retail premises, whether movable or immovable, or a retail website or similar online sales facilities, including where retail websites or online sales facilities are presented to travellers as a single facility, including a telephone service; s) "return" means the traveller's return to the place of departure or to another place the contracting parties agree upon. A combination of travel services where one of the types of travel services referred to in sub-paragraph 1(a), numbers 1), 2) or 3) is combined with one or more of the tourist services referred to in sub-paragraph 1(a), number 4) is not a package if the latter services do not account for 25 per cent or more of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the combination, or are selected and purchased only after the performance of a travel service as referred to in sub-paragraph 1(a), numbers 1), 2) or 3) has started. Separate invoicing of the components of the same package as referred to in sub-paragraph 1(b) does not exempt the organiser or the retailer from the obligations of this Chapter. The purchase of one of the types of travel services referred to in sub-paragraph 1(a)(1), (2) or (3) with one or more of the tourist services referred to in sub-paragraph 1(a)(4) does not constitute a linked travel arrangement if these latter services do not account for a significant proportion of 25% or more of the combined value of the services and are not advertised as an essential feature of the trip or holiday and do not, in any case, represent an essential feature of it. 5. SALE CONTRACT OF A TOURIST PACKAGE The tourist has the right to receive a copy of the sale contract of the tourist package, drawn up in written form and signed by the organizer or seller. The contract contains the following elements: a) destination, duration, starting and ending date, where periods of stay are involved, the length of the same with relevant starting and ending dates; b) name, address, telephone number and details of the authorization to practice of the organizer or intermediary signing the contract; c) price of the tourist package, regulations for its revision, duties and taxes on landing, disembarkation or boarding services in ports and airports and any other expenses charged to the tourist; d) the amount, up to a maximum of twenty-five percent of the price, to be paid on booking, and the deadline for the payment of the balance; the aforementioned amount is paid by way of a deposit but the effects described in Article 1385 of the Italian Civil Code are not produced if withdrawal depends on unexpected circumstances that are not attributable to a given party or that are justified by serious non-performance on the part of the other party; e) details of the mandatory insurance cover and of any other policies agreed upon with the tourist; f) the means, characteristics and categories of transport to be used, the dates, times and points of departure and return, type of place assigned; g) where the package also includes air transport, the name of the carrier and any non-compliance with the regulations of the European Union; h) where the tourist package includes hotel accommodation, its location, its tourist category, degree of comfort, its suitability to accommodate disabled persons, and its main features, its compliance with the rules of the Host Member State concerned and the meal plan; i) itinerary, visits, excursions or other services which are included in the tourist package, including the presence of tour leaders and tourist guides; l) the deadline for informing the tourist in the event of cancellation of the trip due to failure to reach the minimum number of participants required; m) specific agreements regarding travel arrangements expressly reached between the organizer or the intermediary and the tourist at the time of booking; n) any expenses charged to the tourist for transferring the contract to a third party; o) period within which the tourist must present any claims concerning non-performance or improper performance of the contract; p) period within which the tourist must communicate his choice regarding the amendments to the contractual conditions referred to in Article 41 of Legislative Decree 79/2011. Possession of the contract document is indispensable for applying, should the need arise, to the Guarantee Fund indicated in Article 21 of these General Terms and Conditions of Sale Contracts. 6. COMPULSORY INFORMATION – TECHNICAL FORM The organizer is duty bound to include in the catalogue, or in the out-of-catalogue program, a technical form (also in electronic format or transmitted by remote electronic means) containing the following details: • details of the organizer’s administrative authorization; • details of the civil liability insurance policy; • time period of validity of the catalogue or of the out-of-catalogue program or of the customized trip; • procedures and conditions for substitution and transfer of the contract (Article 39 of the Consumer Code); • change of reference for the purpose of price, day or currency adjustments (Article 40 of the Tourism Code). Moreover the organizer shall inform tourist(s) of the identity of the actual carrier(s) within the time and manner foreseen by Reg. EC 2011/2005. The organizer shall supply the tourist with all the information detailed in Article 37 of the Tourism Code. When the contract is stipulated close to the departure date, the indications referred to in Article 37. paragraph 1 of the Tourism Code will be provided at the moment in which the contract is stipulated. Pursuant to Article 32, paragraph 2, of the Tourism Code, in the event of remote contracts or contracts stipulated away from the business premises, the organizer reserves the right to communicate in writing the inexistence of the right of withdrawal provided for by Articles 64 et seq. of Legislative Decree 206/2005 (Consumer Code) 7. INFORMATION LEAFLET The organizer will provide the tourist with the information leaflet relevant to the travel package containing: a) the destination, the means, type and category of transport used; b) the accommodation in hotel or other type of lodging, exact location with particular regard to the distance from the main tourist attractions of the place, the class or degree of comfort and the main features with particular regard to the quality standards offered, the approval of the said accommodation and its classification by the Host Country; c) the meal plan; d) the itinerary; e) general information applicable to the citizens of a Member State of the European Union as regards passport and visa, with indications on the period required for issue, as well as health obligations and relative formalities to be carried out for the conducting of the trip and relative period of stay; f) the amount or percentage of the price to be paid by way of deposit and the deadlines for settling the balance; g) an indication of the minimum number of participants required for the package trip to take place and of the deadline within which the tourist must be informed of the cancellation of the tourist package; h) the terms, the methods, the party in relation to whom the right of withdrawal is exercised in accordance with Articles 64 to 67 of Legislative Decree no. 206 of 6 September 2005, in the event of a contract stipulated away from the business premises, or a remote contract; i) details of the mandatory insurance cover, of any other optional insurance policies to cover the expenses borne by the tourist for the cancellation of the contract or for repatriation in the event of accident or illness, in addition to any further insurance policies taken out by the tourist in relation to the contract. The information contained in the leaflet binds the organizer and the intermediary in relation to their respective liabilities, unless the changes in the conditions indicated therein are transmitted in writing to the tourist prior to the stipulation of the contract or agreed between the contracting parties by means of a specific written agreement, subsequent to stipulation. The information and the illustrative materials published in electronic format or transmitted by remote electronic means have the same validity as the information leaflet. 8. BOOKING Bookings are made at the organizing company’s Registered Office at Borgo del Parmigianino, 19, 43121 Parma, telephone + 39 0521 798515, fax +39 0521 786631, e-mail: info@foodvalleytravel.com The booking request must be drawn up on the specific form, which may be electronic, filled in throughout, signed by the customer, and sent either by e-mail or by fax. Acceptance of bookings will be deemed to have been effected, with consequential conclusion of the contract, only when the organizer sends confirmation (also by remote electronic means) to the customer, possibly via the selling travel agency. Any indications relating to the tourist package not contained in the contractual documents, in the catalogue or in other written forms of communication, will be provided by the organizer in normal fulfilment of the obligations imposed on it, in good time before the start of the trip. Acceptance of bookings by the organizer will be subject to availability of places. The organizer reserves the right not to effect the trip if the minimum number of participants, which may be indicated in the catalogue, is not reached, informing the traveler in writing at least twenty days in advance of the scheduled departure date. 9. PAYMENTS Unless otherwise provided for in the Special Conditions governing individual tourist packages, a payment must be made by way of deposit on the booking representing 25% of the price of the tourist package. The balance must be paid at least 7 days prior to departure or contemporaneously with the booking if this is made during the period of 20 days prior to the departure date. Failure to make the payment of the balance of the price of the tourist package within the due date constitutes an express termination clause according to which the organizer will be entitled, by virtue of this very fact, to consider the contract automatically terminated and to demand that the tourist pay a penalty equivalent to 100% of the price of the package. 10. PRICE The prices of the tourist packages published in the catalogue are expressed in Euros and have been calculated on the basis of the hotel rates and costs in force in the month of October 2014, in accordance with the contracts entered into by the organizer with the carriers and suppliers. The price of the tourist package is determined in the contract, with reference to the information as stated in the catalogue or in the information leaflet and any subsequent updates to the same that may have taken place. Revision of the sale price of the tourist package agreed between the parties is admissible up to 20 days prior to the trip, as a result of a variation in the cost of transport, fuel, duties and taxes such as those for landing, disembarkation or boarding in the ports and airports, or in the exchange rate applied. For such variations, reference shall be made to the above mentioned costs and exchange rates applicable on the date of stipulation of the contract. An upward revision cannot in any case exceed 10% of the original price. If the increase in price were to exceed the percentage stated in the previous paragraph, both parties would have the right to withdraw from the contract, following reimbursement of the amounts already paid to the other party. The price may not, in any case, be increased in the twenty days preceding departure. 11. AMENDMENT OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE Should the organizer need to modify one or more parts of the contract in a significant manner prior to departure, it shall immediately inform the tourist by written communication, stating what the changes are and the consequent price variations. If the tourist does not accept the modified proposal referred to in the above paragraph, he has the right to withdraw from the contract without having to pay a penalty and will be entitled to the treatment provided for in Article 42 of Legislative Decree 79/2011. The tourist will communicate his choice to the organizer or to the intermediary, in writing, within two working days of receipt of the written communication referred to in paragraph 2. Similarly, the tourist may exercise the rights provided for above even when the cancellation is due to failure to reach the minimum number of participants foreseen in the catalogue or in the out-of-catalogue program, or due to unforeseeable events or cases of force majeure affecting the tourist package purchased. If, following departure, an essential part of the services stipulated in the contract cannot be supplied, the organizer shall provide alternative solutions for the continuation of the scheduled trip without extra charges of any kind for the tourist or, alternatively, it shall reimburse to the latter the difference between the services originally envisaged and those effectively provided, without prejudice to compensation for any damage that the tourist can prove to have suffered. 12. WITHDRAWAL OF THE TOURIST The tourist may withdraw from the contract without the application of a penalty in the following cases: Increase in the price referred to under the preceding Article 10 of more than 10%; The amendment to a significant extent of one or more elements of the contract which may be objectively considered as of fundamental importance for the purposes of the enjoyment of the tourist package proposed by the organizer as a whole following the stipulation of the contract itself but prior to departure and not accepted by the tourist. In the cases referred to above the tourist will have the following alternative rights: To opt for an alternative tourist package, without increase in price, or for the return of the excess price, should the second tourist package be of inferior quality to the first; To be refunded only that part of the price already paid. Such refund shall be effected within seven working days from the moment of receipt of the request for reimbursement. The tourist will be required to communicate his decision (acceptance of the change or withdrawal) within and no later than two working days from the moment of receipt of the notice of change or price increase. In default of express communication within the above time limit, the proposal effected by the organizer will be deemed to have been accepted. No compensation will be due, on the other hand, when the tourist package is cancelled due to failure to reach the minimum number of participants required and the tourist has been informed in writing at least twenty days prior to the scheduled departure date, or alternatively due to force majeure, with the exception, in both cases, of overbooking. Save as may be provided otherwise in special conditions, any tourist withdrawing from the contract prior to departure and not falling within the cases governed by these general conditions and by Legislative Decree 79/2011, will be charged – apart from the initial deposits already paid – the specific individual handling costs of the dossier, payment for insurance cover already requested (if any) at the time of stipulation of the contract or for other services already rendered and the penalties calculated according to the following percentages on the amount of his participation price, determined on the basis of the number of days prior to the departure date the communication was received (the calculation of the number of days does not include the date of the withdrawal –this must be received on a working day prior to the departure): No fee up to 8 days before the starting day; From 7 days to 3 days before the tour starting date: 50% penalty; 48 hours' notice: 70% penalty; 24 hours' notice: 100% penalty. No reimbursement will be available for anyone not turning up for departure or withdrawing during the trip itself. Similarly, no reimbursement will be made to anyone unable to make the journey due to inadequate personal or travel documents. In the case of pre-established groups, penalties shall be agreed upon on a case by case basis when stipulating a contract. 13. CHANGES REQUESTED BY THE CUSTOMER Any changes requested by the customer when the booking has already been made will not be binding for the organizer, who may decide at its own discretion whether or not to accept them. In any case, a request for changes by the customer will entail a fixed charge of not less than € 20 for administration costs for changes relating to: place of departure, hotel services, the hotel itself, reduction in the duration of the stay, hiring and miscellaneous costs, departure date. 14. SUBSTITUTIONS – TRANSFER OF THE CONTRACT The tourist may have himself replaced by a third party provided that the said party meets all the requirements for using the service, in the relations deriving from the contract, by communicating in writing to the organizer or the intermediary at least four working days before the departure date, that he is unable to use the tourist package and providing all the details of the transferee. The transferor and the transferee shall also be jointly liable towards the organizer or the intermediary for the payment of the price and of any further expenses deriving from the transfer. The transfer will only be possible if the transferor or the transferee reimburses to the organizer all the additional expenses incurred in order to effect the substitution which shall be quantified prior to the transfer. The transferee must meet all the requirements for using the service and, in particular, must possess all the prerequisites related to passport, visas, and health certificates, and on condition that the services forming the subject matter of the contract, or those offered in substitution of the same can still be provided following a substitution. Any further terms and formalities regarding substitution may be indicated in the information leaflet. 15. TOURIST OBLIGATIONS During the preliminary meetings and, in any case, before the signing of the contract, Italian citizens are given general information in writing – updated to the date of publication of the Catalogue – concerning the health requirements and documentation needed to go abroad, in accordance with the terms laid down in Legislative Decree 79/2011. Foreign citizens shall obtain similar information from their diplomatic representatives in Italy and/or official Government channels. In all cases the tourists shall, before departure, check the latest update with the competent authorities (for Italian citizens at the local Questura (Police Headquarters) or the Ministry of Foreign Affairs on the site www.viaggiaresicuri.it or the Telephone Switchboard No. +39-06-491115) in order to comply with their guidelines before departure. In the absence of such verification, the seller or organizer shall have no responsibility for the non-departure of one or more tourists, due to lack of, or irregularities in, the documents required for travelling abroad. Tourists shall inform the seller and the organizer – under their own responsibility, also as regards the exactness and truthfulness of the information and data supplied – of their citizenship and, at the time of departure, they must be certain that they possess the vaccination certificates, their own passport and any other valid document necessary to enter the countries included in the tourist package, including entry and transit visas, and any health certificates or health and insurance policies that may be required. Finally, in order to evaluate the health and security status of the countries to be visited and thus the effective usability of the services purchased or to be purchased, the tourist shall obtain (utilizing the sources indicated above) the official general information available at the Ministry of Foreign Affairs, which specifically indicates whether travel to the destinations is formally not advisable. Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organizer and the rules, administrative or legal instructions pertaining to the tourist package. Tourists will be liable for any damage which the seller and/or the organizer may suffer also as a result of failure to comply with the above mentioned obligations. The tourist is, moreover, bound to supply the organizer with all documents, information and other elements in his possession which may be useful to the latter in exercising the right of subrogation against third parties responsible for the damage (Article 48 of Legislative Decree 79/2011) and he is liable towards the organizer should he obstruct the latter in the exercising of its right of subrogation. At the time of booking, the tourist shall also inform the organizer in writing of any particular personal requests, which may form part of a specific agreement, relating to travel arrangements, provided that they can be carried out. The tourist must always inform the seller and the organizer of any special needs or conditions (pregnancy, food allergies, disabilities etc.) and clearly specify the request for particular personalized services. 16. HOTEL CLASSIFICATION The official classification of hotels is provided in the catalogue or in other informative material only on the basis of the express and formal indications provided by the competent authorities of the place in which the service is provided. In the absence of official classification recognized by the competent Public Authorities to which the service refers, the organizer reserves the right to provide its own description of the accommodation structure in the catalogue or brochure, in order to allow the tourist to evaluate it and consequently accept it. 17. LIABILITY REGIME Without prejudice to the rights of the tourist in cases of withdrawal or cancellation of the service pursuant to Article 42 of Legislative Decree 79/2011, in the event of the total non-performance or improper performance of the obligations taken on with the sale of the tourist package, the organizer and the intermediary are bound to pay compensation for damage, each according to its respective liabilities. Failure to maintain the quality standards of the service promised or published is considered as being improper performance. The organizers or intermediaries using other service providers are, in any case, bound to compensate the damage suffered by the tourist, reserving the right to take action, in turn, against the former. Injury deriving to persons as a result of non-performance or improper performance of the services making up the tourist package is indemnifiable according to the regulations laid down by the international conventions to which Italy or the European Union adhere, which govern the individual services included in the tourist package, as implemented in the Italian legal system. The right to compensation for damage becomes statute-barred three years after the date of the tourist's return to the place of departure; this term is reduced to eighteen or twelve months in cases concerning non-performance of the transport services included in the tourist package for which Article 2951 of the Italian Civil Code applies. In the case of damage other than personal injury deriving from the non-performance or improper performance of the services included in the package, the organizer will be bound to provide compensation, if its responsibility is proven, to an extent that shall not, however, exceed the minimum limits set down by the international conventions that govern the services involved in the tourist package and by Articles 1783 and 1784 of the Italian Civil Code. The organizer and the intermediary will be released from the liabilities referred to in the previous paragraphs when the non-performance or improper performance of the contract is attributable to the tourist or derives from the conduct of a third party of an unpredictable or inevitable nature or has been caused by an unforeseeable event or by force majeure. The organizer or intermediary will make prompt efforts to find appropriate solutions to permit the tourist to proceed with the trip, without prejudice, in all cases, to the right to compensation for damage in the event of the improper performance of the contract being attributable to the latter. 18. CLAIMS Any failures in the performance of the contract must be reported by the tourist by means of the timely presentation of a written complaint, so that the organizer, its local representative or tour guide may proceed to provide a timely solution. The tourist may also make a claim by sending a letter by registered mail, or by another method that guarantees notice of receipt, to the organizer or the intermediary within ten working days of the date of return to the place of departure. 19. INSURANCE AGAINST COSTS OF CANCELLATION OR FOR REPATRIATION – VARIOUS INSURANCE POLICIES While the obligation remains for the organizer and the intermediary to stipulate a suitable third party liability policy pursuant to Article 50 of Legislative Decree 79/2011, the tourist is nonetheless entitled to stipulate insurance policies which, for travel abroad, guarantee the immediate repatriation of the tourist in the event of emergencies attributable or otherwise to the behavior of the organizer or the intermediary and which ensure that the tourist will be provided with assistance, also of an economic nature. These policies can also guarantee, in the event of insolvency or bankruptcy of the intermediary or the organizer, the reimbursement of the price paid for the purchase of the tourist package. If the costs for assistance and repatriation are sustained or paid in advance by the competent public administration body, the insurance company is obliged to refund the latter directly. In any case, the Ministry of Foreign Affairs may request of the parties concerned the total or partial reimbursement of the expenses borne for the assistance and repatriation of persons who, in a foreign country, deliberately exposed themselves – with the exception of cases with justified reasons related to the practice of professional activities – to risks that they would have been aware of had they followed the rules of normal diligence. The tourist is also entitled to stipulate, at the time of booking, insurance policies guaranteeing assistance, e.g. covering the costs deriving from the cancellation of the package, injury and luggage or health insurance. 20. GUARANTEE FUND The National Guarantee Fund operates out of the Presidency of the Council of Ministers – Department for the Development and Competitiveness of Tourism, in order to allow, in the case of insolvency or bankruptcy of the seller or organizer, the reimbursement of the price paid and the repatriation of the tourist in the case of travel abroad, and in order to provide immediate economic aid in the case of enforced return of tourists from non EU countries during emergencies attributable or otherwise to the behavior of the organizer. Applications to the fund for reimbursement are not subject to any limitation period, except the statute-barring of the right to reimbursement. The fund is make avail itself of the right to seek reimbursement from the defaulting party. 21. PROTECTION OF PRIVACY The tourist hereby authorizes the organizer to use and to transmit his personal data to third parties in relation to obligations connected with this contract (Legislative Decree 196/2003). 22. APPLICABLE LAW - COMPETENT COURT The tourist package and the travel contract are governed by Italian law. The Court of Parma will have exclusive territorial jurisdiction over any dispute arising between the Parties with respect to the validity, creation, performance, execution or termination of this Contract. ADDENDUM TO THE GENERAL TERMS AND CONDITIONS OF THE CONTRACT OF SALE OF INDIVIDUAL TOURIST SERVICES A) Legislative Provisions Contracts whose subject matter is solely the offer of transport or accommodation services or any other separate tourist service which cannot be described as travel organization contracts or tourist packages, are governed by the following provisions of the CCV: Article 1, points 3 and 6, Articles 17 to 23, Articles 24 to 31 with respect to provisions differing from those affecting the organization contract as well as the other agreements specifically referring to the sale of the individual services forming the subject matter of the contract. B) Contractual Conditions The following clauses of the General Terms and Conditions of the Contract of Sale for Tourist Packages set out above apply to these contracts: Article 8 paragraph 1 (Booking); Article 9 (Payments); Article 15 (Tourist obligations); Article 19 (Insurance against cancellation or for repatriation). The application of the above clauses will in no way result either in the classification of the related contracts as tourist package contracts or in the application to the same of the provisions of the Tourism Code. The references to the aforementioned clauses and the terminology used in them will be deemed relevant to the correspondent parties of the sale contract for individual tourist services (seller, stay etc)… MANDATORY COMMUNICATION LAW 269/98 ART. 16 FOR ITALIAN LAW OFFENCES RELATING TO PEDOPHILIA, PROSTITUTION AND CHILD PORNOGRAPHY ARE CRIMINAL OFFENCES AND THEREFORE ARE PUNISHABLE BY IMPRISONMENT EVEN IF COMMITTED ABROAD.