Difformità e modifiche contrattuali?

Deviations from Catalog

Your trip and the services offered were DIFFERENT from what the CATALOG described? You have the right to be compensated!!!

A trip is an opportunity for recreation and relaxation in which tourists regenerate their psychophysical forces away from stress and worries. However, if due to non-compliance of the tour operator the trip changes, in whole or in part, in a further situation of accumulating tension for inconvenience, discomfort and lack of the promised level of entertainment, it determines a non-pecuniary damage (usually not demonstrable and thus quantified based on equity in each case), to which the real property damage is added (a trip in which disruptions occurred will be worth less than originally agreed upon and paid; the difference in value should therefore be paid to the tourist-consumer).

Some court decisions:

The Court of Milan upheld the application of a tourist to terminate the travel contract in a case where the information on the website were completely different than the reality and, in particular, since it was a holiday at a seaside resort, the sea and the beach near the hotel were totally unusable.

The Court of Brescia upheld the application of a tourist to terminate the travel contract in a case in which he/she was forced to sleep, even if only for one night, on a sofa infested with parasites, and then having to pay for accommodation in another facility to be able to continue the holiday.

The Court of Florence upheld the application of a tourist to terminate the travel contract in a case in which he/she was not assigned a suite as agreed, but a room without direct access to the sea.

A tour operator was sentenced to pay Euro 350.00 for each participant who had purchased a travel package having received misleading information about the offered service, price and other terms of the contract. In particular, the tour operator was convicted for the following reasons: the 'pedalo' and canoes were totally missing or were inadequate to cope with the demands; water skiing, which could not be done due to lack of water-crafts; no five o'clock tea in the evening; in the places and structures of the hotel described in the brochure there were works in progress; situations of lack of running water in the rooms and, when distributed, it appeared little, yellow and malodorous.

The Justice of the Peace for Pozzuoli sentenced a tour operator to pay a compensation of Euro 1,000.00 in favor of some tourists who bought a travel package with destination an island in the Maldives, and who went through the following: the settled pool was completely emptied and turned into a warehouse of waste material; the sports equipment, broken-down, was closed in a dusty warehouse; the club restaurant was under renovation and therefore, not available; the television in the room was not working, the buffet was not served because they were the only guest-tourists on the island; the Italian animation team mentioned in the brochure was not present and hasn't been for the entire period of the holiday; the transfer from the mainland to the island had to be made, by contract, with a fast boat, but it was made, however, by seaplane; and the 'uncontaminated' sea was full of algae that covered the beach.

A tourist, who suffers from severe disability, complained that once arrived in Paris at the Hotel booked through a travel package purchased from a tour operator had not found a suitable hotel room to accommodate a disabled person. Approved in judicial proceedings, the Judge of the Peace for Salerno condemned the tour operator for compensation in favor of the tourist of Euro 950.00, plus the legal costs of the proceedings.

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