General terms and conditions for the sale of tourist packages ("General Terms and Conditions")

1. CONTENT OF THE TOURIST PACKAGE CONTRACT

1.1 By sending the proposal for the purchase of the tourist package, the traveller confirms that he/she has read and accepted these General Terms and Conditions, for himself/herself and for the parties for whom he/she requests the services of the tourist package.

2. APPLICABLE REGULATORY SOURCES

2.1 The tourist package contract, both for services or facilities to be provided in the national territory and for those to be provided abroad, is governed by Italian Legislative Decree no. 79 of 23/05/2011 – Annex I, art. 32 – 51-novies, as amended by Italian Legislative Decree no. 62 of 21 May 2018 and, if and as applicable, by Law no. 1084 of 27/12/1977 (Ratification and execution of the International Convention on the travel contract (CCV), signed in Brussels on 23/04/1970) and by Italian Legislative Decree no. 2006 of 06/09/2005, as well as by the provisions of the Civil Code, also in terms of transport and mandate, as applicable. However, Italian law applies in accordance with the legislation of the country in which the consumer resides who purchases the tourist package. 

2.2 The individual clauses of these General Terms and Conditions shall be considered independent of each other; the total or partial invalidity of a single clause or paragraph shall not entail the invalidity of any other clause or paragraph of these General Terms and Conditions.

3. DEFINITIONS

3.1 WeRoad S.r.l. and WeRoad Swiss Sagl are to be considered "organisers" of the tourist package pursuant to the national legislation transposing the Directive (EU) 2015/2302 of the European Parliament in the country where the consumer resides.

3.2 WeRoad S.r.l. is to be considered the "seller" of the tourist package pursuant to the national legislation transposing the Directive (EU) 2015/2302 of the European Parliament in the country where the consumer resides.

3.3 "Tourist package" means the combination of at least two different types of tourist services such as:

- the transportation of passengers;

- accommodation, which is not an integral part of the passenger transport and is not intended for residential purposes, or for long-term language courses;

- the rental of cars or other motor vehicles;

- any other tourist service that is not an integral part of any of the tourist services referred to in points a), b) and c), and is not a financial or insurance service for the purposes of the same trip or the same holiday, if at least one of the following conditions occurs:

  • the aforementioned services are arranged in combination by one professional, also upon the traveller's request or in compliance with one of their selections, before a single contract for all the services is concluded;

  • these services, even if concluded with separate contracts with individual suppliers, are:

  • purchased at a single point of sale and selected before the traveller consents to the payment;

  • offered, sold or invoiced at a flat-rate or overall price;

  • advertised or sold under the name "package" or a similar name;

  • combined after the conclusion of a contract with which the professional allows the traveller to choose from a selection of different types of tourist services, or services purchased from distinguished professionals through connected online booking processes where the traveller's name, the details of the payment and the email address are sent by the professional with whom the first contract is concluded to one or more professionals and the contract with the latter or these professionals is concluded not later than 24 hours after  confirming the booking of the first tourist service.

"tourist package contract" means the contract relating to the entire tourist package or, if the tourist package is provided under separate contracts, all the contracts relating to the tourist services included in the tourist package.

"Traveller" or "tourist" means anyone who intends to conclude a contract, enter into a contract, or is authorised to travel on the basis of a contract concluded within the scope of this paragraph.

"Professional" means any public or private natural or legal person who, as part of their commercial, industrial, artisanal or professional activity, acts, in the contracts, also through another person acting in their name or on their behalf, as an organiser, seller, or professional who facilitates connected tourist services or as a tourist service provider, in accordance with current legislation.

"Organiser" means a professional who combines tourist packages and sells them or offers them for sale, directly or through or together with another professional, or the professional who transmits the data relating to the traveller to another professional.

"Seller" means any professional other than the organiser who sells or offers for sale tourist packages combined by an organiser.

"Durable medium" means any tool that allows the traveller or the professional to keep the information that is personally addressed to him/her so that he/she can access it in the future for a period of time appropriate to the purposes for which it is intended and that allows the identical reproduction of the information stored.

"Common fund" means the sum consisting of the pro-rata payments of travellers after departure, in local currency and entrusted to the coordinator, who is responsible for it. In particular cases, the coordinator may request that the participants make a transfer of the amount of the pre-departure common fund to their account for organisational reasons.

"Inevitable and extraordinary circumstances" means a situation beyond the control of the party invoking such a situation and the consequences of which could not have been avoided, even if all reasonable measures had been taken.

"Lack of conformity" means a breach of the tourist services included in a tourist package.

"Point of sale" means any premises, movable or immovable, used for retail or any retail website or similar online sales tool, even if retail websites or online sales tools are presented to travellers as a single tool, including any telephone service.

"Return" means the return of the traveller to the place of departure or to another place agreed by the contracting parties.

"Place of departure" means the city from which the traveller has independently taken the first suitable flight to reach the starting destination of the tourist package.

"Non-sharing room" means the service of a single or double private room, provided in exchange for the payment of a specific cash fee. In this solution, a bathroom for exclusive use is not guaranteed.

"Basic reservation" means any reservation made without the choice of any additional option such as, by way of example, the non-sharing room option or the flexible cancellation option.

"Scheduled, almost-confirmed session" means any session planned, but which has not yet reached the minimum number of 3 participants to confirm the departure.

"Confirmed session" means any session whose departure has been confirmed on reaching the minimum number of 3 participants.

"Sold-out session" means any session in which the maximum number of participants has already been reached.

"On-request session" means any session in which the maximum number of participants has already been reached, but for which WeRoad's customer service can be activated to verify the possibility of adding one or more participants.

"Flexible cancellation" means any paid option which, if available, guarantees the possibility of renouncing the trip up to 8 days before departure and having a full refund of the amount paid (with the exception of the amount relating to the flexible cancellation option).

4. MANDATORY INFORMATION AND TECHNICAL DATA SHEET

4.1 Before concluding the tourist package contract, WeRoad communicates to the traveller – clearly and precisely – through what is published in the catalogue on the web pages relating to the chosen destination, or through a quote or other information tool, the following information:

  • fundamental rights pursuant to Directive 2015/2302;

  • the main characteristics of tourist services, such as:

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

  • an indication of the type of quality of facilities provided for the overnight stay;

  • an indication of the type of means of transport with which travel will be carried out during the trip;

  • meals, if included;

  • visits, excursions or other services included in the agreed price;

  • tourist services provided to the traveller as a member of a group and, in this case, the approximate size of the group;

  • the commercial name and geographical address of WeRoad, its telephone numbers and email addresses;

  • the total price of the tourist package;

  • the methods of payment, including any amount or percentage of price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees that the traveller is required to provide;

  • the minimum number of people required for the tourist package;

  • if provided, the age group of the participants in the trip; the age group may be subject to changes up to 31 days before departure and in unconfirmed sessions; a session without age group indications is intended to be open to all age groups;

  • general information concerning passports and/or visas, including the approximate times for obtaining visas and the health formalities of the country of destination; 

  • information on the right of the traveller to withdraw from the contract before the start of the tourist package;

  • information on optional or mandatory subscription to an insurance policy that covers the costs of unilateral withdrawal from the contract by the traveller or the costs of assistance, including repatriation, in the event of injury, illness or death;

  • the details of the mandatory insolvency coverage subscribed by the organiser.

    4.2 Travel information not contained in the contractual documents, in the catalogue, on the WeRoad website or in other means of communication, will be provided by WeRoad to the traveller, in accordance with the provisions of the national legislation transposing the Directive (EU) 2015/2302 of the European Parliament in the country where the consumer resides, in good time before the start of the trip.

TECHNICAL DATA SHEET

WeRoad Srl, in accordance with the transposition of EU Directive 2015/2302 (Package Travel Directive), is authorised to act in the other EU member states as an online travel agency from Italy in freedom to provide services.

Administrative authorisation no. 281515 of 25/06/2018 issued by the Province of Milan.

Liability Policy: ALLIANZ SPA No. 731516730.

Insolvency protection provided with adherence, through IL Salvagente s.c. a r.l, to the insolvency guarantee fund established by the A.I.A.V. Italian Association of Travel Agents  on the basis of the provisions of Article 47 of Italian Legislative Decree No 79/2011 as amended by Article 1, paragraph 1, of Italian Legislative Decree No 62 of 21 May 2018. Additional information about the SALVAGENTE can be taken also at this link https://www.ilsalvagente.info/. 

5. FITNESS FOR TRAVEL

5.1 The traveller is invited to take a careful look at the travel itinerary and these General Terms and Conditions in order to have full knowledge of the WeRoad offer, as well as the type and characteristics of the trips. It is the traveller's responsibility to choose a trip that is suitable for their psycho-physical conditions and to contact WeRoad at the email address [email protected] in case of doubts or requests for clarification in this regard. 

5.2 On each travel itinerary, there are icons that represent the type and fundamental characteristics of the trip; through these symbols, the traveller is informed of the level of difficulty of the trip and can acquire the useful information to decide whether or not the characteristics of the trip are compatible with their psycho-physical conditions. 

5.3 The tourist packages offered by WeRoad are not suitable for all types of travellers. In the case of travellers with reduced mobility or people in need of specific medical assistance, the traveller must contact WeRoad before booking at the email address hello@weroad.com to obtain more information about the trip and to agree, if possible, on particular methods necessary or useful to enable participation in the trip in safe conditions.

5.4 For any request and/or clarification on the characteristics of the chosen trip, the traveller is invited to specify the same in the reservation request or by contacting WeRoad.

5.5 WeRoad reserves the right to refuse the booking or departure of the traveller in the event that the characteristics of the booked trip are incompatible with, or excessively risky to, the health or safety of the traveller. In this case, WeRoad will refund the amount already paid, net of non-refundable expenses already incurred up to the time of rejection of the reservation and/or departure. Similarly, the cost of flights and other services purchased individually will not be reimbursed.

6. CONCLUSION OF THE TOURIST PACKAGE CONTRACT: PAYMENTS AND PRICES

6.1 The traveller must submit the proposal for the purchase of the tourist package in the manner indicated by WeRoad on its website. The traveller and WeRoad may also agree on different methods than those indicated on the website. The confirmation of purchase of the tourist package may, in any case, be kept on a durable medium. The conclusion of the tourist package contract takes place at the time that WeRoad sends the confirmation of booking of the services requested to the traveller.

6.2 By sending the purchase proposal, the traveller must pay: a) a registration fee or practical management fee, if requested by WeRoad; b) a deposit on the price of the tourist package, which may vary depending on the tourist package that is selected by the traveller. The traveller will always be informed by WeRoad about the amount of the deposit applied. The balance must be paid within the period established by WeRoad at the time of confirmation of the reservation. If the balance is not paid within the established period, the reservation will be considered cancelled and WeRoad will not refund the deposit paid.

6.3 The price of the tourist package is determined by referring to the information outlined in the catalogues and on the WeRoad website. The price may be increased only as a result of exchange rates applied to the tourist package, costs related to transport or taxes and fees on tourist services imposed by third parties not directly involved in the execution of the package. For these changes, reference will be made to the exchange rate and prices in force on the date of publication of the itinerary, as reported in the catalogue, or to the date indicated in any updates published on the websites. In any case, the price may not be increased in the 20 days prior to departure and the revision may not exceed 8% of the price in its original amount, except in such cases the right of withdrawal of the traveller. In the event of a decrease in costs related to transport or taxes and fees on tourist services imposed by third parties not directly involved in the execution of the package reported in this clause, the traveller will be entitled to a reduction in the price of the package; WeRoad may deduct the administrative and management expenses of the practice from the reimbursement due to the traveller.  

6.4 The amount of the money pot varies depending on the destination chosen, it is not included in the basic participation fee and its amount, indicated in the travel itinerary, is a forecast of the amount of expenditure necessary for travellers to take advantage of tourist services not included in the basic participation fee, calculated on the basis of previous trips to the same locations. The money pot is used only and exclusively for group expenses, to which all participants decide to adhere. If it is not fully used, the coordinator returns the difference to all participants at the end of the trip. If the traveller advances part of the fee before the trip for the purchase of optional non-refundable activities, the fee will not be refunded in the event of cancellation of the trip.

7. PROMOTIONS

7.1 WeRoad reserves the right to offer the traveller, during the sale of the tourist package and in compliance with the law, various promotions, including, but not limited to, price reductions, prizes and other advantages. WeRoad reserves the right not to apply certain promotions to travellers who do not meet the relevant conditions of applicability:

- the promotions are not applicable to travellers who have already made a reservation for the same trip.

8. GENERAL TERMS AND CONDITIONS FOR DEPOSIT FOR "ON-REQUEST" SESSIONS

8.1 In the event of a trip on the weroad.com website in on-request status, the interested party has the opportunity to write to customer support to request reservaion, using the specific "Contact us" option.

8.2 In order to ascertain the actual availability during the trip in on-request status, WeRoad requires the payment of a deposit of €100, to be paid exclusively by credit/debit card. Within 48 working hours of making the payment, WeRoad must alternatively:

  • confirm and complete the reservation of the interested party;

  • proceed with the reimbursement of the amount paid if it has not been possible to add a participant to the chosen session.

8.3 In the event that WeRoad manages to add an extra place to the chosen session in on-request status, the company will request from the participant all the data necessary to complete the reservation. The deposit of €100 will be deducted from the balance of the reservation and will not replace the deposit that must be paid in order to confirm the reservation.

8.4 If the interested party decides not to participate in the trip anymore, the deposit of €100 will not be reimbursed. 

8.5 In the event that it is impossible to add an additional participant to the trip in on-request status, WeRoad will have to provide for the reimbursement and the interested party will be able to make, if interested, a new reservation.

9. MODIFICATION OF OTHER TERMS AND CONDITIONS OF THE TOURIST PACKAGE CONTRACT OTHER THAN THE PRICE

9.1 WeRoad reserves the right to unilaterally change the travel itinerary if the change is a minor one. Any changes are communicated clearly and precisely to the traveller, on a durable medium and to the contact details provided by the latter.

9.2 If, before departure, WeRoad (i) needs to significantly modify one or more elements of the tourist package contract; (ii) cannot meet the specific requests made by the traveller and already accepted by WeRoad; or (iii) proposes an increase in the price of the package of more than 8% of the total price of the package, WeRoad will inform the traveller by email, without undue delay, of the proposed changes under this article and their impact on the price of the package, as well as the possibility and method for the traveller to exercise the right of withdrawal if he/she does not intend to accept the proposed changes.

9.3 If the traveller does not accept WeRoad's proposed modification, by exercising the right of withdrawal, WeRoad may offer the traveller a replacement package of equivalent or higher quality or, at the traveller's choice, reimburse the entire sum already paid, including the registration fee/practical management fee, if advanced at the time of the proposal for the purchase of the tourist package.

9.4 The traveller shall communicate the acceptance of the changes/withdrawal from the tourist package contract to WeRoad or to the intermediary within three working days, in the case of departures less than 30 days from the time they received the notice, or within seven working days in the case of departures more than 30 working days. In the absence of communication within the aforementioned period, the proposal for modification made by WeRoad is considered accepted.

  • If the changes to the tourist package contract result in a lower-quality or lower-cost package, the traveller is entitled to an appropriate price reduction.

If the traveller exercises the right of withdrawal, WeRoad will reimburse all the amounts paid by the traveller without undue delay and in any case no later than 14 days from the exercise of the right of withdrawal.

10. WITHDRAWAL OF THE TRAVELLER BEFORE DEPARTURE

10.1 Before departure, the traveller may withdraw from the contract, without paying penalties, in the following cases:

  • in the case of offers with significantly reduced rates compared to ordinary rates, the right of withdrawal without penalties could be excluded. In this case, WeRoad will document the price change, adequately highlighting the exclusion of the right of withdrawal;

  • at any time and without the need to provide any justification up to 31 days before departure;

  • in the event of an increase in the price of the tourist package in excess of 8% of the total price of the package;

  • in the event of significant changes to one or more elements of the contract that can be objectively configured as essential for the use of the overall tourist package considered and proposed by WeRoad after the conclusion of the contract, but before departure and not accepted by the traveller;

  • in the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity that have a substantial impact on the safe execution of the package, without the right to any additional compensation;

  • the impossibility of using the tourist package for reasons not attributable to the traveller, duly documented and promptly communicated; the traveller will be entitled to reimbursement of the price paid, net of the documented expenses incurred by WeRoad up to the time of communication of the impossibility of participating in the trip.

    10.2 In cases where the traveller has purchased the "flexible cancellation" option:

  • If the withdrawal is exercised within 8 days before departure, they will be entitled to a refund of the Basic Booking and the non-sharing room option (if selected), but not of the portion relating to the flexible cancellation option.

  • If the traveller's withdrawal is exercised after the aforementioned period, the traveller will not be entitled to any reimbursement of the amounts paid as a Basic Booking, non-sharing room and flexible cancellation.

    10.3 The flexible cancellation option is not available in the case of using welfare vouchers, nor for the WeRoadX line of travel packages. 

11. FAILURE TO CONCLUDE THE CONTRACT 

11.1 In the event that WeRoad, at its sole discretion, does not accept the traveller's purchase proposal, the deposit paid will be fully returned.

12. WEROAD WITHDRAWAL BEFORE DEPARTURE

12.1 WeRoad can withdraw at any time from the tourist package contract and offer the traveller a full refund of the payments made for the tourist package, but is not required to pay additional compensation if:

  • the number of people registered for the tourist package is less than the minimum required by the tourist package contract and therefore by the catalogue/itinerary, and WeRoad communicates its withdrawal from the tourist package contract to the traveller within 20 days before departure in the case of trips that last more than 6 days, and 7 days before in the case of trips that last between two and six days.

  • WeRoad is unable to execute the tourist package contract due to unavoidable and extraordinary circumstances and communicates the withdrawal to the traveller without undue delay before the start of the tourist package. If unavoidable and extraordinary circumstances impact the activities on site, WeRoad will not be required to reimburse any amount deriving from the non-use or performance of such activities.

  • Refund of the flight (against a proof of purchase in Economy class) shall take place only in the event that WeRoad withdraws from the tourist package contract in relation to a confirmed session. The reimbursement shall be made on the condition that the flight was purchased by the traveller before the notice of withdrawal and in view of the demonstration of the cancellation of the flight reservation. 

  • WeRoad proceeds with all the prescribed refunds without undue delay and in any case within the period established by law. The withdrawal of WeRoad involves the termination of functionally connected contracts entered into with third parties, without any liability on the part of WeRoad.

13. WEROAD'S RESPONSIBILITY FOR THE UNSUCCESSFUL EXECUTION OF THE PACKAGE AND FOR THE SUPERVENING IMPOSSIBILITY DURING THE EXECUTION OF THE PACKAGE

13.1 WeRoad is responsible for the execution of the tourist services provided for in the tourist package contract, regardless of whether these tourist services must be provided by WeRoad itself or by third parties.

13.2 The traveller, promptly informs WeRoad, taking into account the circumstances of the case, of any defects of conformity detected during the execution of a tourist service provided for by the tourist package contract. The dispute must be made by means of a declaration communicated in writing and addressed to WeRoad at the email address: [email protected] or at the certified email address: [email protected].

13.3 Where expressly included in the tourist package, the essential information regarding visits/excursions or other tourist services are clearly indicated in the travel itinerary and also reported in the "What is included" section of the same. Otherwise, the visits/excursions or other tourist services indicated in the travel itinerary are to be understood as optional and not included in the price of the tourist package.

13.4 WeRoad shall remedy the lack of conformity, unless this is impossible or excessively expensive, taking into account the extent of the lack of conformity and the value of the tourist services affected by the defect.

13.5 If WeRoad does not remedy the defect pursuant to paragraph 3 above, the traveller is entitled to the price reduction, as well as to compensation for the damage suffered as a result of the lack of conformity, unless WeRoad proves that the lack of conformity is attributable to the traveller or to a third party or is due to unforeseeable, extraordinary and unavoidable circumstances.

13.6 Without prejudice to the exceptions referred to in paragraph 4 above, if WeRoad does not remedy the lack of conformity within a reasonable period set by the traveller with the dispute made pursuant to paragraph 2, the latter may personally remedy the defect and request the reimbursement of the necessary, reasonable and documented expenses; if WeRoad refuses to remedy the lack of conformity or if it is necessary to remedy it immediately, the traveller does not need to specify a deadline.

13.7 If, after departure, WeRoad is unable to provide, for any reason except for the traveller's own situation, an essential part of the services provided for in the tourist package contract, WeRoad must prepare adequate alternative solutions for the continuation of the planned trip that do not involve charges of any kind borne by the traveller, or reimburse the latter within the limits of the difference between the services originally provided and those carried out.

13.8 The traveller may reject the alternative solutions proposed only if they are not comparable to what has been agreed in the contract or if the reduction in the price granted is inadequate.

13.9 If no alternative solution is possible, or the solution prepared by WeRoad is rejected by the traveller because it is not comparable to what has been agreed in the contract, or because the price reduction granted is inadequate, WeRoad shall provide, without any supplement to the price, a means of transport equivalent to the original one provided for the return to the place of departure or to a different place that may be agreed upon, compatible with the availability of means of transport and places, and shall reimburse them to the extent of the difference between the cost of the services provided and that of the services carried out until the time of early return.

14. OBLIGATIONS OF THE TRAVELLER

14.1 The traveller is required to read and accept these general terms and conditions before sending the reservation request.

14.2 During the negotiations, and in any case before the conclusion of the contract, the traveller is provided, in writing, with updated general information relating to health obligations and the documentation necessary for expatriation.

14.3 Travellers must inform the intermediary and the organiser about their citizenship at the time of booking the tourist package or tourist service and, at the time of departure, they must definitely check that they have the vaccination certificates, the individual passport and any other document valid for all countries included in the itinerary, as well as residence visas, transit visas and health certificates that may be required. Travellers also undertake to transmit to WeRoad a copy of their individual passport and any other document valid for all the countries involved in the itinerary within 45 days of the departure of the trip. If travellers do not send the required documentation and the departure of the trip is scheduled in less than 45 days, WeRoad may not guarantee participation in the trip or the price of the package may vary; therefore, it reserves the right to withdraw from the contract.

14.4 Without prejudice to the information obligations borne by WeRoad, in order to assess the socio-political security situation, health situation and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveller must undertake to consult the official general information provided by the Ministry of Foreign Affairs of the state where the consumer resides and disclosed through the relevant institutional website  and the website of the World Health Organisation – International Travel and Health portal (https://www.who.int/ith/en/). The above information is not contained in the catalogues of tour operators  – online or on paper – since they contain general descriptive information and not temporarily changing information. The same must therefore be assumed by the travellers. In any case, the traveller must check with the competent national authorities  before departure, making any necessary changes prior to travel. 

14.5 No responsibility for the non-departure of one or more travellers can be attributed to WeRoad in the event that the travellers, despite having received all the necessary information, have not made efforts to obtain the documents, certificates or vaccines necessary to undertake the trip.

14.6 Without prejudice to the information obligations of WeRoad, if on the date of booking the chosen destination appears, from the institutional information channels, a location subject to "warning" for security reasons, any traveller who subsequently exercises their withdrawal may not invoke the termination of the contractual cause connected to the security conditions of the country.

14.7 Travellers/tourists must behave in such a way as to guarantee and not compromise the safety, tranquillity and enjoyment of the trip by other travellers/tourists.Travellers must also adopt suitable behaviour with WeRoad's customer service staff, both in the pre-booking and post-booking phases, andcomply with the rules of normal prudence and diligence and the specific rules in force in the destination countries of the trip, with all the provisions provided to them by WeRoad, as well as with the regulations, administrative or legislative provisions relating to the tourist package. The traveller will be held liable for all damages that WeRoad and/or the seller may suffer, also due to failure to comply with the obligations indicated above, including the expenses necessary for their repatriation.

14.8 The traveller must provide the organiser with all the documents and information in their possession relevant to the exercise of their right of subrogation against third parties responsible for the damages, and is responsible to WeRoad for any prejudice caused to their right of subrogation.

14.9 The traveller will also communicate in writing to WeRoad, at the time of the proposal for the purchase of a tourist package, and therefore before sending the confirmation of booking of the services by WeRoad, the particular personal requests that may be the subject of specific agreements on the modalities of the trip, whenever it is possible to implement them, and which will in any case be the subject of a specific agreement between the traveller and WeRoad.

15. REJECTION OF NEW RESERVATIONS.

15.1 WeRoad reserves the right to cancel new bookings by travellers who, in previous group trips or in relations with WeRoad, have violated the obligations of conduct referred to in Article 14 and who have consequently been informed in writing of the impossibility of booking future trips with WeRoad. In the event that, despite the prior notification of refusal of new reservations, the traveller still makes a new reservation, WeRoad reserves the right to cancel that reservation within a period of 30 days from the reservation. In this case, WeRoad shall reimburse in full the amount paid by the traveller as a fee or reservation charge, excluding from that point on the reimbursement of any further sum or compensation for any further damage.

16. FINES, DEDUCTIBLES AND DAMAGE CAUSED WHILE DRIVING VEHICLES

16.1 The traveller is responsible for the payment of any fines and other sanctions, for the payment of any deductibles and for compensation for any damage caused to persons or property while driving vehicles used during the trip; the traveller responsible for the accident will also be responsible for the payment of any management costs incurred by the Destination Management Company.

17. TRANSFER OF THE TOURIST PACKAGE CONTRACT TO ANOTHER TRAVELLER.

17.1 The traveller, upon prior notice given to WeRoad on a durable medium and no later than 7 days before the start of the tourist package, may transfer the tourist package contract to a person who meets all the conditions for the use of the service.

17.2 WeRoad informs the transferor of the actual costs of the transfer, providing proof of the fees, taxes or other additional costs resulting from the transfer of the contract.

17.3 The transferor and the transferee of the tourist package contract are jointly and severally responsible for the payment of the balance of the price and any fees, taxes and other additional costs, including any administrative and management expenses of the procedures resulting from this transfer.

18. MEDICAL AND BAGGAGE INSURANCE AND INSURANCE AGAINST CANCELLATION EXPENSES

18.1 The price of the package includes medical and baggage insurance. WeRoad informs the traveller of the details of the coverage in the section related to the trip and in the confirmation email of the reservation. Before departure, WeRoad will send the traveller the details of the insurance coverage that can be activated by the traveller in the event of a claim. The traveller must review the conditions of the insurance coverage and assess whether it meets their needs.

18.2 The traveller is entitled to take out special insurance to cover withdrawal expenses (always due, except for the specific exceptions provided for by the national legislation transposing the Directive (EU) 2015/2302 of the European Parliament in the country where the consumer reside,  and unless otherwise provided for in these General Conditions) referred to in Article 9, as well as those deriving from accidents and/or illnesses not included in the medical baggage insurance included in the price of the package. The rights arising from insurance contracts must be exercised by the traveller directly against the contracting insurance companies, under the conditions and in the manner provided for in the policies themselves, paying attention, in particular, to the timing for the opening of the claim, deductibles, limitations and exclusions. Travellers, at the time of booking, must inform WeRoad of any specific needs or problems for which the issuance of policies other than those proposed by WeRoad or included in the price of the tourist package should become necessary and/or appropriate.

19. GUARANTEES FOR THE TRAVELLER

19.1 WeRoad is covered by a civil liability insurance contract in favour of the traveller for compensation for damages deriving from the violation of the obligations assumed with the contract (Liability Policy: ALLIANZ SPA No. 731516730).

19.2 Organised tourism contracts are assisted by suitable guarantees provided by the organiser and/or seller who, for trips abroad and trips that take place within a single country, ensure, in cases of insolvency or bankruptcy of the intermediary or organiser, the reimbursement of the price paid for the purchase of the tourist package and the traveller's immediate return. 

19.3 The legal entity required to provide the guarantee on behalf of WeRoad is the "IL SALVAGENTE" GUARANTEE FUND referred to in document no. 2022 – 1-5200 issued by the ITALIAN TRAVEL AGENTS' ASSOCIATION through SALVAGENTE S.C.A.R.L.

20. OPTIONS FOR CONTACTING WEROAD, COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION TOOLS

20.1 The traveller can send messages or requests related to the provision of the tourist package directly to WeRoad, by telephone (+39 3933354846), WhatsApp (+39 3933354846) or email ([email protected]). 

20.2 The traveller is required to communicate in writing, without delay, any defects of conformity detected during the execution of the package, to the email address: [email protected] or to the certified email address: [email protected] 

20.3 The traveller is entitled, without prejudice, to the right to use the Online Dispute Resolution service made available by the European Commission (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show) or to resort to voluntary or joint negotiation procedures or to the conciliation procedure before the arbitration or conciliation commissions for the resolution of disputes between companies and consumers and users related to the provision of tourist services.  

21. OBLIGATION TO PROVIDE ASSISTANCE

21.1 WeRoad provides adequate assistance without delay to travellers who are in difficulty, in particular by providing appropriate information regarding health services, local authorities and consular assistance and by assisting travellers in carrying out remote communications and helping them find alternative tourist services. For post-booking assistance, the traveller can call WeRoad at the phone number +39 3933354846 or contact WeRoad via WhatsApp at the number +39 3933354846 or by email at: [email protected] . 

22.2 WeRoad may claim payment of a reasonable cost for such assistance if the problem is caused intentionally by the traveller or by their fault, within the limits of the expenses actually incurred.

22. WAIVER

22.1 During the trip, photos and videos of the trip will be collected that may also include the traveller (the "images"), to allow him/her greater participation in the trip purchased, as well as for advertising purposes.

22.2 By purchasing the Tourist Package – therefore, by accepting the General Terms and Conditions – the traveller assigns free of charge to WeRoad the right to use, disseminate, reproduce, process, modify, publish, communicate to the public, transmit, on any medium, including on social network pages, the images for WeRoad's informative and promotional purposes. In any case, the traveller is free not to participate in the shots/photos and/or to revoke this authorisation at any time by writing to WeRoad.

23. APPLICABLE LAW – JURISDICTION

23.1 The tourist package and the tourist package contract are governed by Italian law. Any dispute that may arise between the traveller and WeRoad regarding the validity, formation, execution, fulfilment or termination of the tourist package contract will be the exclusive responsibility of the court of the place in which the traveller has their residence or domicile. 

24. PRIVACY PROTECTION

24.1 The traveller authorises the organiser to use and communicate their personal data to third parties in relation to obligations related to the tourist package contract pursuant to the current European Regulation on privacy and personal data protection.

25. INDIVIDUAL TOURIST SERVICES AND RELATED TOURIST SERVICES

25.1 Contracts relating to the offer of only the transport service, only the accommodation service, or any other separate tourist service, cannot be configured as a case of negotiation of travel arrangements or tourist packages, and do not enjoy the protections provided by the tourist package contract. The contractual conditions of the individual supplier and the applicable legal regulations apply to these contracts. The responsibility for the correct fulfilment of the contract lies with the service provider.

25.2 In case of booking of related tourist services, the traveller benefits from protection aimed at reimbursing payments received for services not provided due to the insolvency of the professional who has collected the sums paid by the traveller. This protection does not provide for any reimbursement in the event of the insolvency of the relevant service provider.

26. OFFENSES COMMITTED ABROAD

The law makes offenses related to prostitution and child pornography punishable by imprisonment, even if committed abroad.